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HomeMy WebLinkAboutKel-Cal; 1985-11-05;--4 P . PRELIMINARY MASTER TRACT MAP IMPROVEMENT AGREEMENT CARLSBAD TRACT NO. 83-30 KELLY RANCH THIS AGREEMENT made this 5* day of NOVHhw , 1985, between COSTA REAL MUNICIPAL WATER DISTRICT, a municipal water district (hereinafter "District"), and a a joint venture of KEL-CAL, a limited partnership (hereinafter "Developer"). A. Developer is processing a Master Tract Map of his land, known as the "Kelly Ranch," through the City of Carlsbad, California, under the provisions of the Subdivision Map Act. Developer seeks final approval of Carlsbad Tract No. 83-30, here- inafter r'eferred to as "Project." B. The City of Carlsbad is scheduled to consider the Master Tract Map for the Project on November 19, 1985 and will require certifications by the District by November 5, 1985 and approval of improvement plans by the District before finaliza- tion. This agreement establishes in substance the terms of these District approvals of the Project. .L C. District has evaluated a conceptual Xap of the Master Plan of development of the Project and is willing to act upon the Project upon the terms and conditions set forth herein. D. Developer agrees that these conditions are reasonably related to the water services to be provided and the needs of the Project. -1- .-- .' IT IS THEREFORE 1. Tank Site. irrevocably dedicate AGREED between Developer and District: Prior to December 1, 1985, Developer shall to the District, in fee, free and clear of any encumbrances, a 120-foot diameter reservoir site in Project Master Plan Area R, plus a minimum 15-foot wide access area around the perimeter of the tank site. 2 . Reservoir Access . Prior to December 1, 1985, Developer shall irrevocably dedicate an exclusive easement or fee title to a 20-foot wide access road to the reservoir site access area, as shown on the attached proposed tentative map, or as agreed by the parties. 3. Blanket Reservoir Pipeline Easement. Prior to December 1, 1985, Developer shall irrevocably dedicate a blanket easement across Area R, as designated in the Project Master Plan, for a pipeline and access thereto over a 20-foot wide strip from the reservoir site to a point in the easterly property line of the development for the supply pipeline to the reservoir; pro- vided that District agrees to vacate this blanket easement in favor of a located 20-foot easement for pipeline and pipeline access purposes at the time the route is definitely located, as agreed by' the parties. -. - 4. Service Pipeline. Prior to December 1, 1985, Developer shall dedicate the 20-foot easement from the reservoir to a point on the Developer's property where high pressure can be introduced to the hilltop area as shown on the proposed tentative map, a copy of which is attached hereto. -2- 5. Bond Required. Prior to or concurrently with Dis- trict actions regarding the Project, Developer shall provide a faithful performance bond for all on-site and off-site water mains, easements and other property, including the tank site, to be dedicated hereunder to the District, based upon the cost and value estimates of the District Engineer, including provisions for contingencies at the discretion of the District Engineer; provided that this requirement shall not reduce the District's responsibility, under current District policies, for reimburse- ment or payment of costs for any oversizing required for on-site or off-site facilities which may be the subject of future agree- ments. 6. Other Fees. This agreement in no way relieves Developer of responsibility for payment of any direct connection surcharges payable to the District or the City of Carlsbad here- tofore established for existing pipelines; nor does this agree- ment affect any Developer liability for payment of Major Facilities Charges or other charges established pursuant to Resolution No. 439 of the District. 7. Costs of Inspection and Plan-Checking. Prior to or c concurrently with District actions regarding th'e Project, Developer shall deposit with the District the estimated cost of District inspection and plan-checking as determined by the District; in addition, Developer may deposit with District addi- tional funds as may be necessary for th'e District to employ a special consultant at the' request of Developer. -3- 8. Receipt of Documents. All bonds shall be received by District in a form satisfactory to District Counsel prior to District actions regarding the Project. All other easements, deeds and other documents shall be received by District in a form satisfactory to District counsel prior to December 1, 1985. 9. Construction Easements. . In addition to any other in- terest in land to be conveyed hereunder, Developer shall convey prior to December 1, 1985, separate construction easements to the District for construction and inspection of work on the District facilities contemplated herein. Such construction easements shall terminate by their own terms upon completion of construc- tion of the pipeline or reservoir for which they were granted. 10. Execution of Master Tract Map and Improvement Plans. Upon receipt by the District of the bonds as required herein, the District Engineer or District Manager are hereby authorized and directed to execute any necessary certificates, endorsements, acknowledgments or acceptances necessary to carry out the terms of this agreement and allow finalization of the Master Tract Map and improvement plans relating to water system improvements. 11. New Agreement. Prior to Dgcember 1,.,1985, the Dis- * trict Engineer or General Manager and Developer shall execute a water system agreement, including in substance all of the terms and conditions outlined herein, and specifying the locations of the easements and properties to be dedicated, the amount of bond- ing to be required, the form of the bonds, the amount of direct- connection surcharges to be paid, the amount of plan checking and other fees to be paid, and other terms and conditions in - 4.- conformance with District policies for subdivision improvement agreements regarding installation of water systems. 12. No Conveyance . No lot created by recordation of the Master Tract Map, or any portion thereof, shall be conveyed or transferred by Developer without compliance with the terms of this Agreement. This Agreement may be recorded by Distriat as an enforceable restriction on sale pursuant to Government Code S 27281.5. 13. Benefit and Burden. This agreement shall inure to the benefit of, and the obligations created hereby shall be bind- ing upon the heirs, successors and assigns of the parties hereto. The District acknowledges that there did exist a dispute between it and the City of Carlsbad as to which entity has the right to provide retail water service to this subdivision, among others, and the right to hold legal title to all public improvements nec- essary to provide such service. The District filed an action for declaratory relief in the North County Branch of the Superior Court of the State of California for the County of San Diego, Case No. N20027, to resolve that dispute. The District and the City of Carlsbad have settled this lawsuit. The parties hereto agree that their rights and obligations under this agreement are a subject to he judgment, judicial declaration, settlement or other determination made in the above-described legal proceeding on June 29, 1983. 14. Waiver or Amendment. No pr'ovision of this agreement, nor any breach hereof, can be waived unless in writing. Waiver -5- - - 'I of any one breach oL any provision hereof shai, not be construed as a waiver of any other breach of the same or any other provi- sion hereof. a written agreement signed by the party to be charged with the amendment. This agreement shall be amended or modified only by 15. Governinq Law. This agreement and any amendments hereto shall be governed by, construed and enforced in accordance with the laws of the State of California. 16. Attorney's Fees. The prevailing party in any action at law or in equity, including arbitration, brought to enforce or prevent the breach of this agreement, or any provision hereof, including but not limited to any action for injunctive or declar- atory relief, shall be entitled to attorney's fees and costs incurred in such action, including those incurred in any appeal, 17. Authority to Sign, The individuals who sign this agreement on behalf of the undersigned corporation and municipal water district warrant that they have the authority and approval to do so on behalf of such corporation and municipal water dis- trict. KEL-CAL, A Limited Partnership COSTA-REAL MUNICIPAL WATER DISTRICT By : By: D i r e M'or s ( DEB 2 : GMCOST , A) -6-