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HomeMy WebLinkAboutGreystone Homes Inc; 2000-07-31;AGREEMENT FOR REIMBURsEMENT OF COSTS FOR OVERSIZING WATER PIPELINE .< IMPROVEMENTS WITHIN MERMAID LANE AND NEPTUNE DRIVE CMWD PROJECT NO. 98-407A THIS AGREEMENT FOR REIMBURSEMENT OF COSTS FOR OVERSIZING WATER PIPELINE IMPROVEMENTS WITHIN MERMAID LANE AND NEPTUNE DRIVE, CMWD PROJECT NO. 98-407A, dated as of JULY 35 2000 (this “Agreement”), is made at Carlsbad, California, between GREYSTONE HOMES, INC., a Delaware corporation (“Greystone”), and the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water District Act of 1911, and a Subsidiary District of the City of Carlsbad (the “District”), with reference to the following recitals: . RECITALS A. Greystone is the record owner of certain real property commonly known as Poinsettia Shores Planning Area C, located in the City of Carlsbad, California (the “City”), more particularly described as Lots 1 through 40, inclusive, of Map No.13954, filed in the Office of the County Recorder of San Diego County on March 7,200O as File No. 2000-184910 (“Santalina”). B. The Planning Commission of the City adopted Resolution Nos. 4461, 4462, 4463, and 4464, on January 20, 1999, approving the Poinsettia Shores Planning Area C tentative tract map, condominium permit, coastal development permit, and hillside development permit, relating to development of a residential community in Santalina (collectively, the “Santalina Project Approvals”). P:Revised Agreement.doc:46082.002 13 Jun 00 1 C. The Santalina Project Approvals require Greystone to install eight-inch diameter pipelines in Blue Dolphin Way, Neptune Drive, Mermaid Lane, and Seashell Court to meet the needs of the homes to be built 5 within Santalina (the “Project Requirements”). D. The District has requested Greystone to substitute a 16-inch diameter pipeline for approximately 840 linear feet of the Project Requirements, from a point within Mermaid Lane, northwest within Mermaid Lane to its intersection with Neptune Drive, and south within Neptune Drive to its connection with the existing 16-inch diameter pipeline within Navigator Circle (the materials and labor incurred in substituting the 16inch diameter pipeline for the Project Requirements are referred to in this Agreement as the “Water Work” and are more particularly described in Section 3(a), below). E. The District and Greystone recognize and acknowledge that the Work exceeds the infrastructure otherwise required of Greystone in connection with its build-out of Santalina. Greystone agrees to install or cause the installation of the Water Work provided that the District agrees to reimburse Greystone as set forth in this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: RECITALS. 1. The Recitals are true and correct. 2. SATISFACTION OF OBLIGATION. Greystone’s agreement to perform the Water Work, as set forth herein, and the actual construction thereof, shall fully satisfy and constitute compliance with all requirements regarding Santalina solely with respect to the Water Work. P:Revised Agreement.doc:46082.002 13 Jun 00 2 3. GREYSTONE’S OBLIGATIONS. (a) In consideration of the District’s reimbursement and other undertakings as set forth herein, Greystone agrees to install the Water Work. The Water Work shall include the following improvements, as described on Exhibit “A”: approximately 840 linear feet of 16-inch diameter potable water pipeline beginning at a point within Mermaid Lane, running northwest within Mermaid Lane to Neptune Drive, then south within Neptune Drive to its intersection with Navigator Circle, together with all necessary valves and appurtenances, including those necessary to connect the Work both to the District’s main as it emerges west of Interstate 5 and to the District’s existing 16-inch diameter pipeline within Navigator Circle. The Water Work is shown on City Drawing No. 381-8, Sheets 5 and 6, prepared by O’Day Consultants (the “Plans”). (b) Greystone shall complete the Water Work at such time as Greystone, in its sole discretion, shall determine, provided that the District timely satisfies all of its obligations under this Agreement. Any portion of the Water Work completed before the effective date of this Agreement shall be included as a part of the Water Work for reimbursement, subject to the other provisions of this Agreement. (c) Greystone shall install the Water Work substantially in compliance with the District- approved Plans and specifications, and other design documentation for the Water Work. (d) By entering into this Agreement Greystone waives any and all potential constitutional (Nollan/Dollan) objections to the Water Work. 4. THE DISTRICT’S OBLIGATIONS. (a) The District shall reimburse Greystone in the manner described in this Section 4 and Sections 5 and 6, below, for the total costs incurred by Greystone in installing the Water Work, including without limitation attorneys’ fees and costs incurred in the preparation of this Agreement, engineering P:Revised Agreement.doc:46082.002 13 Jun 00 3 . review and coordination, and the costs of materials and labor, less the costs Greystone would have incurred in installing the Project Requirements alone, (together, the “Total Oversizing Cost”). The Total Oversizing Cost is currently estimated to be $53,463.50 itemized estimate of the Total Oversizing Cost is attached to this Agreement at Exhibit “B.” (b) The District shall reimburse Greystone an amount ( the “Reimbursement Amount” ) equal to: ( i ) the actual Total Oversizing Cost (regardless of whether the actual Total Oversizing Cost meets or exceeds the estimated Total Oversizing Cost set forth in Subsection 4(a), above); plus, ( ii ) an overhead allocation of four percent ( 4% ) of the actual Total Oversizing Cost in lieu of other reimbursement for Greystone’s costs incurred for salary and benefits for staff of Greystone’s home offices, supervision above the level of on-site superintendent, general corporate, legal, and accounting fees, the cost of borrowed funds, insurance and bond premiums, and expenses for meetings with and presentations to governmental agencies which issue permits or otherwise regulate project approval, (collectively, the “Overhead Costs”); plus, (iii) an additional two and one-half percent (2.5%) of the actual Total Oversizing Cost for construction administration, construction fees, and permit fees advanced by Greystone, and other incidental costs ((i), (ii), and (iii), together, the “Total Reimbursable Cost”). The actual Total Reimbursable Cost shall include all costs associated with the installation of the Water Work noted in Exhibit “B.” The Total Reimbursable Cost is concurrently estimated to be $56,938.63, calculated as follows: Estimated Total 4% Overhead Oversizing Cost Costs Allocation $53,463.50 $2,138.54 2.5% Additional cost $1,336.59 Estimated Total Reimbursable Cost $56,938.63 . P:Revised Agreement.doe46082.002 13 Jun 00 4 5. ACCOUNTING OF COSTS. (a) When an item of the Water Work has been completed, as described in Subsection 5(c), below, Greystone shall present the District with a complete and detailed accounting of the costs and expenses advanced by Greystone in connection with the Water Work. (b) The District acknowledges that Greystone has selected Burtech Pipeline (the “Contractor”) as contractor to install the Water Work because the Contractor submitted the lowest responsive bid to install the Water Work, and the District hereby approves Greystone’s selection of the Contractor as contractor to install the Water Work. (c) During the performance of any of the Water Work, Greystone shall retain detailed payment records for all items of the Reimbursement Amount for use by the District in auditing any subsequent requests by Greystone. Greystone’s requests for reimbursement, each a “Reimbursement Request,” shall include copies of contracts or change orders, invoices, and conditional lien releases conditioned only upon payment of the submitted invoices (“Work Documentation”) to evidence the completion and payment for each item of the Reimbursement Amount. Reimbursement Requests may be submitted in stages upon completion of any item of the Water Work in conformance with Subsection 5(d), below. (d) Greystone shall send one copy of each Reimbursement Request to the Public Works Director of the City together with the Work Documentation. The Public Works Director shall consider and approve each Reimbursement Request pursuant to this Agreement. If the Public Works Director objects to any items comprising the Reimbursement Amount, the Public Works Director shall notify Greystone in writing, toget_her with reason(s) for objection, within ten (10) calendar days of receipt of Greystone’s Reimbursement Request. Failure to timely notify Greystone shall be deemed the Public Works Director’s P:Revised Agreement.doc:46082.002 13 Jun 00 5 approval of the Reimbursement Request. In the event the Public Works Director does object, Greystone and the Public Works Director shall meet within five (5) calendar days of Greystone’s receipt of the Public Works Director’s written objection(s) to discuss the disputed amount and attempt to resolve the matter through good-faith negotiation. (e) Notwithstanding the foregoing, if Greystone disputes the Public Works Director’s determination of a Reimbursement Amount or believes that a sum established by the Public Works Director is not consistent with the specific provisions of this Agreement, then Greystone may elect to: ( i ) appeal the Public Works Director’s decision to the District’s Board of Directors (and thereafter, at Greystone’s option, a Court of proper jurisdiction) for final determination; or ( ii ) submit the dispute for the review and recommendation of a neutral and independent civil engineer qualified in engineering, design, and construction and mutually approved by the District and Greystone; provided, however, said engineer’s recommendation shall be non-binding and shall not preclude Greystone from thereafter appealing said Engineer’s decision as described in item ( i ), above. The District and Greystone shall share equally in the costs of the engineer’s services if Greystone elects to submit the dispute pursuant to subparagraph (ii) of the subsection 6(e). (f) Prior to the submission to the Public Works Director of the final invoices (the “Final Reimbursement Request”), Greystone shall obtain necessary or appropriate lien releases from its contractor and shall obtain the City’s permission to base pave Mermaid Lane and Neptune Drive between Mermaid Lane and Blue Dolphin Way. The date Greystone receives all such lien releases and such permission shall be deemed to be the date of completion of the Water Work (the “Completion Date”). P:Revised Agreement.doc:46082.002 13 Jun 00 6 (g) Greystone may submit its Work Documentation and Reimbursement Requests at any time. Any delay by Greystone in such submittals shall not prejudice Greystone’s rights, but shall delay day- . . for-day the time in which the District must make any responsive action 6. DISTRICT’S PAYMENT OF REIMBURSEMENT AMOUNTS. The District shall remit payment to Greystone within 30 calendar days of the District’s receipt of each Reimbursement Request (as approved pursuant to Section 5, above), provided that the District’s payment of the final Reimbursement Request shall be due to Greystone within 30 calendar days of the Completion Date. 7. TERM. The obligations of the parties incurred pursuant to this Agreement and 6, above, will expire upon the earlier to occur of: (i) February 1, 2002; or (ii) the parties’ complete satisfaction of their respective obligations incurred pursuant to Sections 3,4, 5, and 6, above. Notwithstanding the foregoing, any obligations contained in Sections 8, 9, and 10, below, together with all other provisions of this Agreement required to effectuate the purposes of such sections, shall survive the expiration of this Agreement. 8. INDEMNIFICATION, DEFENSE. AND HOLD HARMLESS. To the maximum extent permitted by law, the District hereby agrees to absolutely and unconditionally indemnify, defend, and hold harmless Greystone, its partners, shareholders, officers, employees, agents, contractors, licensees, invitees, guests, in their individual and corporate capacities, homebuyers, and all their respective successors and assigns (collectively, the “Indemnitees”) from and against any and all obligations, liabilities, claims, demands, actions, causes of action, administrative orders, consent agreements and orders, injuries, losses, penalties, costs, damages, attorneys’ fees, and other expenses of any P:Revised Agreement.doc:46082.002 13 Jun 00 7 kind or character (collectively, the “Claims”)which any ,of them may at any time suffer, sustain or incur, arising directly or indirectly, in whole or in part, out of the District’s design of the Water Work. The z. District’s obligations under this Section 8 survive the termination of this Agreement. The District, immediately upon demand of Greystone, shall absolutely and unconditionally prosecute or defend any action brought against the Indemnitees, or any of them, arising directly or indirectly, in whole or in part, out of or in any way connected with the Activities, whether or not the District is joined in the action, proceedings or order, or whether or not separate actions, proceedings or orders have been brought against the District. Greystone shall provide reasonable notice and tender its defense upon receipt of any claim for which it seeks indemnity pursuant to this Section 8. Nothwithstanding the foregoing, the indemnification, defense, and hold harmless set forth above, is not intended to, and shall not, extend to acts or omissions of any Indemnitee (including Greystone) constituting gross negligence or willful misconduct. 9. RELEASE. The District hereby waives, releases, acquits, and forever discharges each of the Indemnitees to the maximum extent permitted by law, of and from any and all claims, actions, causes of action, demands, rights, liabilities, damages, losses, costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, that now exist or which may arise in the future on account of or in any way growing out of or connection with the Activities. THE DISTRICT EXPRESSLY WAIVES ANY OF ITS RIGHTS GRANTED UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: ,“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS P:Reuised Agreement.doc:46082.002 13 Jun 00 8 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Notwithstanding the foregoing, the release set forth above is not intended to, and shall not, release or discharge Greystone or any other Indemnitee for acts or omissions constituting gross negligence or willful misconduct. 10. MISCELLANEOUS. (a) Disputes; Claims. If a dispute should arise regarding the performance or interpretation of this Agreement, the following procedure shall be used to resolve any question of fact or interpretation not formally resolved by the parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Agreement, shall be reduced to writing by an officer of Greystone (“Off leer”) or the District’s Executive Manager (“Executive Manager”). A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Executive Manager, or Officer, upon receipt, shall reply to the letter, including a recommended method of resolution, within ten calendar (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the Board of Directors for their resolution through the office of the City Manager of the City. The Board of Directors may, but is not obligated to offer a solution to the dispute. If the Board of Directors considers the dispute, and directs a solution, the action of the Board of Directors shall be considered an advisory mediation only and nothing in this procedure shall prohibit the parties seeking remedies available to them at law. P:Revised Agreement.doc:46082.002 13 Jun 00 9 (b) Jurisdiction and Venue. The parties agree and hereby stipulate that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. (c) Obligations and Benefits Not Running; With Land; No Third Partv Beneficiaries. This Agreement shall bind and inure to the benefit of the parties and their respective successors and assigns. However, it shall not run with the land or be recorded, and all payments due from the District shall be made to Greystone or such assignee as Greystone designates in writing. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto; the parties hereto expressly disclaim any such third-party benefit. Nothwithstanding any of the foregoing, Greystone shall have the right to assign this Agreement, in its entirety and without the consent of the District, upon the sale of all, or a substantial portion of, Santalina. (d) Notice. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service), or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States certified mail, return receipt requested, postage prepaid, addressed as follows: If to Greystone: Greystone Homes, Inc. Attention: Mr. Matt Howe 5780 Fleet Street, Suite 300 Carlsbad, CA 92008 Telephone: (760) 804-7700 Facsimile: (760) 804-7717 P:Revised Agreement.doc:48082.002 13 Jun 00 IO with a copy to: Cynthia L. Eldred, Esq. Solomon Ward Seidenwurm & Smith, LLP 401 “B” Street, Suite 1200 San Diego, CA 92101 Telephone: (619) 238-4814 Facsimile: (619) 231-4755 If to District: Carlsbad Municipal Water District c/o City of Carlsbad Attention: Lloyd Hubbs, Public Works Director 1635 Faraday Avenue Carlsbad, California 92008 Telephone: (760) 602-2730 Facsimile: (760) 602-8562 or to such other address or to such other person as any party shall designate to the others for such purpose in the manner set forth above. (e) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. (f) Governing; Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. (g) Complete Agreement. This Agreement contains the entire agreement between the parties with respect to the matters set forth herein, and supersedes all prior or contemporaneous agreements (whether oral or written) between the parties with respect to the matters set forth herein, (h) Amendment. This Agreement may be amended by a written instrument executed by the District and Greystone (including for this purpose any successors of Greystone, to the extent of their ownership of- real property within Santalina), except that no amendment regarding the provisions for reimbursement to Greystone shall be valid unless executed by Greystone. P:Revised Agreement.doc:46082.002 13 Jun 00 11 - (i) Payments to Grevstone. Any payments to Greystone by the District hereunder shall be made payable to Greystone Homes, Inc. and shall be forwarded to the following address, or to such other I address as Greystone specifies in writing to the Public Works Director: c/o Greystone Homes, Inc. Attention: Mr. Matt Howe 5780 Fleet Street, Suite 300 Carlsbad, CA 92008 (j) District Authority. The District warrants, represents and agrees that it has the legal authority to collect the funds that it will use to reimburse Greystone. The District further warrants, represents and agrees that it has the legal authority to pay these funds to Greystone. These warranties, representations and agreements are a material inducement to Greystone to enter into this Agreement. In the event the District lacks legal authority to collect the fees necessary to pay Greystone, the District shall pay the amount due Greystone out of other funds at the same rate as if it had collected the fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. Executed by GREYSTONE this /4* day of June, 2000. GREYSTONE: GREYSTONE HOMES, INC., a Delaware Corporation By: MIRE w LXZ’&mE Title: San Diego Division - President P:Revised Agreement.doc:46082.002 13 Jun 00 12 Executed by DISTRICT this 31~. day of Jhy 2000. DISTRICT: CARLSBAD MUNICIPAL WATER - By: Title: (SEAL) APPROVED AS TO FORM: (Proper notarial acknowledgment of execution of GREYSTONE must be attached.) (Chairman, president or vice-president and secretary or assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute the instrument.) STATE OF CALIFORNIA ) . > ss. COUNTY OF SAN DIEGO ) On , 2000, before me, personally appeared personally known to me (or proved to me on th: basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature on the instrument the person(s), or the entity upon whose behalf the person(s), acted, executed the instrument. WITNESS my hand and official seal. [SEAL] Notary Public P:Revised Agreement.doc:46082.002 13 Jun 00 13 State of California &I m%+@- County of 1 SS. On omfi 141 zoo0 , before me, &r%? /&?, N’ob% &b/l‘c , Date personally appeared Name and Title of%fficer (e.g., “Jane && Notary Public”) /fdtdhfd L. &fiZSQK< Name(s) of Sign&) , @ personally known to me to be the person@+ whose nameW@‘are subscribed to the within instrument and acknowledged to me tha@/she/tt%y executed the same in 0 IS hdc/thejr authorized capacity(te@, and that by @her/their signaturew on the instrument the person(s), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: f *&7k72 of&sh * &ie=m+ g wie P!+frmL Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: q Individual q Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact III Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here 0 1997 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll-Free l-800-876-6827 C ACTION OF THE DIRECTORS OF GREYSTONE HOMES, MC. T,l\:<EN WITHOIJT X MEETING In accordance with the provisions of Section )41(f) of the General Corporation Law of the State of Delaware the following action was taken by unanimous consent of the members of the Board of Directors of Greystone Homes, Inc. without a meeting: * RESOLVED, that Mike Levesque is hereby elected President, San Diego Division of this Corporation. RESOLVED, that Mike Levesque, acting alone be and is hereby authorized on behalf of this Corporation to enter into contracts for services, purchase materials and supplies, execute applications, government and quasi-government pennits and licenses, obtain FHA and VA approvals, enter into written contracts with City and County agencies (including school districts) preliminary to or concurrent with the subdivision of real property owned, or under contract to purchase by sale agreement or option, which contracts are a part of said subdivision process, execute documents or instruments burdening this Corporation’s real property as a part of the subdivision process, includin, D but not limited to Subdivision Improvement Agreements, easements, rights-of-way, licenses, covenants, conditions and reservations (“CC&R’s”), annexation agreements, applications for Department of Real Estate public reports, title company indemnification agreements relating to Corporation real property, public and quasi-public utility service applications and contracts, temporary entry agreements, contracts for the sale or rental of this Corporation’s residential real property when such real property is improved with a housing unit and is a part of a residential subdivision which latter authority includes the authority to execute escrow instructions, Grant Deeds and other instruments of conveyance, and all other contracts involving this Corporation’s ordinary course of business EXCEPT he shall have no authority to borrow money, purchase real property, sell real property other than as hereinabove permitted or execute surety bonds on behalf of this Corporation. RESOLVED FURTHER, that the authority herein conferred shall remain in force until revocation thereof by the Board of Directors of this Corporation. EXHIBIT “A” MAP OF THE WORK [TO BE ATTACHED] ., P:Revised Agreement.doc:46062.002 13 Jun 00 14 1 EXHIBIT 2’ - LEGEND: sum9w BOUUM LOT UNE ior NO UN/T UK uur Na. PRoposED 16’ WATT@ mNG rs’ wm s--w- \-- \ -7 1: a I \ ‘. m-w---- w.-.-.-,-.-.- 0 ,......,, -,,I -,,,,,.I. . . . . I -w- - -fff!L - . C 0 N S U L T A/N T S smo PeBbur court sulle laa alao& ypl, ‘Z - - FOE %O-osl-8660 CM hglnauh i?iz2&9 sucnring SANTALINA A7 SAN PACXRCO ’ @I999 O’Oay Consultants, In< - EXHIBIT, “B” ESTIMATED TOTAL OVERSIZING COST [TO BE ATTACHED] w P:Revised Agreement.doc:46082.002 13 Jun 00 15 EXHIBIT “B” ITEM DESCRIPTION 16” Class 150 P.V.C. Water Main 16” gate valve- flanged 16” adaptors- PO x FL 16” Cut-in Connection at Navigator Circle Firehydrant tee & thrust block 2” air vat assembly saddle 2” blow off saddle 2” manual air release assembly at intersection of Greystone 16” system (onsite) and 16” regional water line 2” manual air release saddle 1” water service saddle 8” Class 150 P.V.C. Water Main 8” gate valve- flanged 8” adaptors- PO x FL 8” Cut-in Connection at Navigator Circle Firehydrant tee & thrust block 2” air vat assembly saddle 2” blow off saddle 2” manual air release saddle 1” water service saddle QUANTITY UNIT UNIT COST TOTAL 833 LF $ 7EA $ 7EA $ IEA $ 3EA $ IEA $ 3EA $ IEA $ 36.00 4,150.oo 350.00 6,500.OO 2,700.OO 1,995.oo 1,850.OO 1,850.OO 2 EA $ 1,850.OO 20 EA $ 600.00 $29,988 $29,050 $2,450 $6,500 $8,100 $1,995 $5,550 $1,850 $3,700 $12,000 Estimated Total of 16” system= $101,183 833 LF $ 8EA $ 7EA $ 1EA $ 3EA $ IEA $ 3EA $ 2EA $ 20 EA $ 16.50 850.00 125.00 3,800.OO 2,300.OO 1,800.OO 1 ,ooo.oo 900.00 450.00 $13,744.50 $6,800 $875 $3,800 $6,900 $1,800 $3,000 $1,800 $9,000 Estimated Total of 8” system= $47,719.50 Estimated Total Oversizing Cost of $101,183 (16” system) less $47,719.50 (8” system) = 1$53,463.50 City of Carlsbad Records Management Department July 3 1,200O Mr. Matt Howe Greystone Homes, Inc. 5780 Fleet St Ste 3OOfl Carlsbad CA 92008 Re: Reimbursement agreement The City of Carlsbad has approved the agreement for reimbursement of costs for over sizing water pipeline improvements within Mermaid Ln. & Neptune Dr. - CMWD Project No. 9% 704A. Enclosed please find a tilly executed copy of the agreement for your files. If you have any questions please contact Bill Plummer, at the City of Carlsbad’s Engineering Department, 1635 Faraday Ave. Carlsbad CA 92008. Debra Doerfler Enclosure 1200 Carlsbad Village Drive * Carlsbad, CA 92008-l 989 - (760) 434-2808 @