HomeMy WebLinkAboutLa Costa de Marbella Homeowners Association; 2005-06-24;REINSTATEMENT AGREEMENT
This Agreement is entered into between the La Costa de Marbella Homeowners’ Association and
the City of Carlsbad (collectively referred to herein as the “Parties”) as of June 24,2005. The Parties do
hereby agree as follows:
1. Notwithstanding prior claims to the contrary, the La Costa de Marbella Homeowners’
Association agrees and acknowledges that the Agreement Regarding Abatement of Earth Movement and
the Mediation Agreement remain in full force and effect and that the City of Carlsbad is not presently in
breach of those agreements. The La Costa de Marbella Homeowners’ Association expressly withdraws
its repudiation of the Agreement Regarding Abatement of Earth Movement and the Mediation
Agreement.
2. The La Costa de Marbella Homeowners’ Association reaffirms that the Agreement
Regarding Abatement of Earth Movement grants to the City of Carlsbad the right to access the La Costa
de Marbella property for purposes of conducting landslide abatement activity. As defined in the
Agreement Regarding Abatement of Earth Movement:
“Such abatement activity by the City shall include installation of a caisson and soldier
beam retaining system. If for any reason the caisson and soldier beam retaining system is
determined by the City Council to be impracticable, then the City shall take such other
abatement action as the City Council in its discretion determines to be necessary and
appropriate. These other slope abatement measures may include, without limitation,
installation of other temporary emergency measures to stabilize the toe of the slope that
abuts La Costa Avenue in front of the condominium complex. The abatement measures
referred to herein also include the City’s geotechnical investigation of the slide and
installation of monitoring devices such as piezometers and inclinometers throughout the
property.’’
3. It is the City of Carlsbad’s present intention to construct the caisson and tie-back
retaining system as described in the Memorandum of Stoney-Miller Consultants, Inc., dated June 14,
2005 for Project No. 12567-00, utilizing Option No. 1. A copy of that Memorandum is attached hereto
as Exhibit A. The project may include additional work not specified in the Memorandum that is
necessary for proper drainage of the fill to be placed behind the retaining structure and for proper
installation of the caisson and tie-back retaining system. Upon the signing of this Reinstatement
Agreement by both parties, the City of Carlsbad will proceed with that project in accordance with the
terms and conditions of the Agreement Regarding Abatement of Earth Movement and the Mediation
Agreement. Notwithstanding the above quoted passage from the Agreement Regarding Abatement of
Earth Movement, it is understood and agreed by the parties that it shall not be “impracticable” as
contemplated by the Agreement, unless the costs to construct the cassion and tie-back retaining system
are going to exceed expenditure of $1,200,000.
4. The City of Carlsbad agrees that, upon the signing of this Reinstatement Agreement by
both parties, the City of Carlsbad will promptly engage in fixher mediation with the La Costa de
Marbella Homeowners’ Association regarding additional abatement measures that may need to be
performed at the La Costa de Marbella property.
5. The La Costa de Marbella Homeowners’ Association agrees not to interfere with the
landslide abatement work to be performed by the City of Carlsbad. The City of Carlsbad may access the
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property to conduct measurements of the existing piezometers and inclinometers, to install additional
piezometers in accordance with permits issued by the County of San Diego, and to perform work
necessary for the installation of a caisson and tie-back retaining system. All data obtained by City of
Carlsbad from piezometers and inclinometers it has installed shall be shared with La Costa de Marbella
Homeowners Association. Likewise, La Costa de Marbella Homeowners Association shall share with
the City of Carlsbad data obtained from the Association’s piezometers and inclinometers, and other
survey data obtained through shared costs by the Association and the City of Carlsbad. The consultants
of La Costa de Marbella Homeowners Association, after reasonable written notice to the City of
Carlsbad’s attorneys and geotechnical consultants, may take measurements from City of Carlsbad’s
piezometers and inclinometers, provided measurements are taken under supervision of the City’s
consultants.
6. This Agreement was reached in the course of, or pursuant to, a mediation between the
Parties. It is hereby agreed between the Parties pursuant to California Evidence Code $ 1123 that (a)
this Agreement is admissible in evidence or subject to disclosure, (b) this Agreement is intended to be
binding and enforceable, and (c) the Parties expressly agree that this Agreement may be disclosed by
any Party.
7. The individuals executing this Agreement on behalf of a public entity or other private
business entity each represent and warrant that they have the legal power, right and actual authority to
bind their respective principals to the terms and conditions of this Agreement.
THE CITY OF CARLSBAD
DATE: -7- 2?-K
LA COSTA DE MARBELLA HOMEOWNERS’ ASSOCIATION
APPROVED AS TO FORM AND CONTENT
LAW GJFFICES OF PATRICK E. CATALAN0
- - P&kI CK E. CATALhO. Esa. A mey for La Costa de Mhbefla Homeowners’ Association tp
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BARTLETT & LIEVERS
BRADLEY A. BARTLETT, Esq. Attorneys for CITY OF CARLSBAD
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