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HomeMy WebLinkAboutCarlsbad Research Center; 1981-11-16;AGREEMENT III REIMBURSEMENT AGREEMENT 4efiffiMB4T 3H. FOR WATER SYSTEM FACILITIES CONSTRUCTED AS PART OF CARLSBAD TRACT NO. 81-10 CARLSBAD RESEARCH CENTER UNIT NO. 1 THIS AGREEMENT is made this 16th day of November 19 81 , between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter called "District", and CARLSBAD RESEARCH CENTER, hereinafter called "Subdivider, in view of the following purposes: (a) Subdivider and District have entered into an agreement entitled "Agreement for Construction of Water System to Serve Subdivi- sion Lands and for Performance Bond -- Carlsbad Tract 81-10, Carlsbad Research Center Unit No. 1," and dated November 16, 1981 t This agreement is made a part of this document by full reference. (b) Subdivider has requested and the District has agreed to the preparation and execution of this agreement for the reimbursement of certain amounts for specific water system facilities pursuant to the rules and regulations of District Ordinance No. 26. IT IS, THEREFORE, AGREED: ' 1. District will reimburse Subdivider Twenty percent (20%) of the estimated cost of the Subdivider for the construction of the pressure-regulating station as shown on sheet 19 of 22 of the approved plans. The reimbursement shall be made pursuant to the following terms and conditions: - (a) District hereby establishes a "Service Area" of the Pressure-Reducing Station as set forth in Exhibit "A" attached herewith and made a part hereof. (b) District will establish a "Capital Contribution Charge" for all users benefiting from the Pressure-Reducing * Station amounting to a charge per acre, based upon the actual total cost of the Pressure-Reduci r>g Station divided by a ^total of 559 acres. (c) District will make payment to Subdivider charges collected by the District for a period of ten (10) years after the date of acceptance of the public water system by the District. The total maximum payment made to Subdivider shall be 20% of the total actual cost. District will reimburse Subdivider the difference in cost between the 18-inch water main as constructed and a 14-inch water main in the same location. This 18-inch pipeline section along Faraday Avenue is set forth in Exhibit "B" attached herewith and made a part hereof. This reimbursement shall be made within 30 days after acceptance of the public water system by the District. 3. District will reimburse Subdivider the difference in cost between the 16-inch water main as constructed and a 14-inch water main in the same location. This 16-inch pipeline section along El Camino Real is set forth in Exhibit "B" attached herewith and made a part hereof. This reimbursement shall be made within 30 days after acceptance of the public water system by the District. 4. For the purpose of establishing the values for all of the public water system facilities that are eligible for reimbursement under this agreement, the following procedures shall be followed: (a) Pressure-Reducing Station: Subdivider shall submit to District all financial records with a request for establishing the total cash value of the facility. The District shall review all such records and make a deter- mination as to the actual cash value. (b) 18-Inch Water Main: Subdivider shall establish the construction cost of a 14-inch water main system for "comparison" with the actual construction cost of the 18-inch water main system. All records of the bidding, estimating and financial proceedings shall be submitted to District for review. District shall make the final deter- mination as to the actual value for the cash payment to be made by the District for the oversizing. -2- (c) 16-Inch Water Main: Subdivider shall establish the construction cost of a 14-inch water main system for "comparison" with the actual construction cost of the 16-inch water main system. All records of the bidding, estimating and financial proceedings shall be submitted to District for review. District shall make the final deter- mination as to the actual value for the cash payment to be made by the District for the oversizing. 5. This Agreement shall inure to the benefit of, and the obligations created hereby shall be binding upon, the successors and assigns of the parties hereto. 6. The invalidity or illegality of any provision of this Agreement shall not be deemed to affect the validity or legality of any other provision of this Agreement. 7. This Agreement and any amendments hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. 8. This Agreement sets forth the entire agreement and understanding of the parties with respect to the transactions contemplated hereby, and supersedes all prior agreements, arrange- ments, and understandings relating to the subject matter hereof. 9. This Agreement may be amended, modified, superseded or cancelled, and any of the terms, covenants or conditions hereof may be waived, only by a written instrument executed by the parties hereto or in the case of a waiver, by the party waiving compliance. 10. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. PAfcfc-3- IN WITNESS WHEREOF, this Agreement has been executed by Subdivider and on behalf of the District by the President of its Board of Directors on the day and year first above written. COSTA REAL MUNICIPAL WATER DISTRICT SEAL Donald A. MacLeod, President Board of Directors "SUBDIVIDER" CARLSBAD RESEARCH CENTER By: Koll Carlsbad Associates By: ihe Koll Coupany Managing P SEAL -4- CARLSBAD RESEARCH CENTER C. T. NO. 81-10 - UNIT NO. I PALO.MAR AIRPQR7 EXHIBIT "51 CM(,/O *7/, 847.22 _