HomeMy WebLinkAboutLake Calavera Hills Associates; 1982-01-20;-- * "zicaL.$q *QJ,r q-7 en.r -7- 9- * PRENOVOST, NORMANDIN, BEBGH 8c DAWE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
2020 EAST FIRST STREET. SUITE BOO THOMAS J. PRENOVOST. JR.
TOM RODDY NORMANDIN SANTA ANA, CALIFORNIA 92705-4015
STEVEN L. SERGH
MICHAEL G. DAWE
BRUCE T. BAUER
KRISTEN L. WELLES LANHAM
KIMBERLY D. TAYLOR WHEN REPLYING RE
NANCY FI. TRAGARZ February 3, 1995 FILE NO. 6517-00'
TELEPHONE (714) 547-2444
FAX (714) 635-2889 _-
City Clerk City of Carlsbad
:L200 Carlsbad Village Drive Carlsbad, CA 92008
Re: Roy T. Ward
Dear City Clerk:
This office has been retained by NationsBank in connection
with a lawsuit involving Roy J. Ward. NationsBank is currently the holder of a judgment against Mr. Ward in the amount of
$159,704.20. enclosed with this letter. For your reference a copy of that judgment has beer
It is our understanding based upon information provided to this office during a judgment debtor examination that Mr. Ward i!
owed a sum of money from the City of Carlsbad in connection with a Reimbursement Agreement involving the building of a water treatment facility in the Calaveras Hills area. It is also our
understanding that at such time as the Calaveras Hills area is developed, Mr. Ward will be paid by the City of Carlsbad pursuani to the Reimbursement Agreement.
Accordingly, demand is hereby made that any such sums which
would be paid to Mr. Ward be paid to NationsBank in care of this office in order to satisfy the above-referenced judgment. Any amounts in excess of the $159,704.20 judgment will certainly be forwarded to Mr. Ward.
Thank you for your time and attention to this matter. Should you have any questions, please do not hesitate to contact
the undersigned. Sincerely,
PRENOVOST, NORMANDIN, BERGH & DAWE /dfi*/A 4*/-2- 1 4-
Tom Roddy Normandin
TRN/bk Enclosure
cc: Connie A. Rogers
- 07\tm\6517-001.052
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FABOZZI, PRENOVOGT & NORMANDIN
A Professional Corporation
Tom Roday Nomandin, Bar No. 102265
2020 East First Street, Suite 500
Santa Ana, California 92705
(714) 547-2444
6517-001
Attorneys for Plaintiff, NATIONSBANK OF TEXAS, N.A. as independent EXECUTOR OF THE ESTATE OF HOWARD R. SLUYTER
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF QRANGE
NATIONSBANK OF TEXAS, N.A. 1 CASE NO. 698117
as Independent Executor Of 1
The Estate Of Howard R. ) Sluyter 1 Plaintiff, 1
) 1
)
V. )
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Defendants. 1
)
JUDGMENT PURSUANT TO
SETTLEMENT AGREEMENT
AND STIPULATION
ROY J. WARD, an individual and) DOES 1 through 10, inclusive, )
In the above-entitled action, Plaintiff, NATIONSBANK 01
TEXAS, N.A. as Independent Executor Of The Estate Of Howard
R. Siuyter and Defendant, ROY J. WARD, an individual and
having entered into a Settlement agreement and Stipulation
that Plaintiff have and recover from Defendants judgment on
the complaint filed herein. Said Stipulation provides upon
default plaintiff will obtain judgment against said
Defendant, in the principal sum, of $132,850.00, plus
attorney fees, and costs and interest thereon at the $20.80
per diem, commencing from October 1, 1994 through date of
entry of this judgment. Furthermore, plaintiff will credit
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By:
JUDGE OF THE SUPERIOR COURT
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Mayor and Council Members City of Carlsbad Carl sbad, Cal ifornia 92008
SUBJECT: TRANSFER OF CAPACITY RIGHTS IN SAN MARCOS COUNTY WATER DISTRICT TREATED EFFLUENT OUTFALL PIPELINE
In accordance with the terms of a memorandum of understanding (MOU),
dated June 16, 1980, by and between the San Marcos County Water District (S.M.C.W.D.) , Lake Calavera Hills Associates (L.C.H.A.) and
others, L.C.H.A. now owns approximately 13% of the capacity rights in that portion of the pipeline referred to, in the MOU, as the "Carlsbad Reach." The MOU provides for the assignment of L.C.H.A.'s capacity rights to the City of Carlsbad.
Lake Calavera Hills Associates hereby offers to assign to the City of
Carlsbad all rights, claims and title to capacity rights owned by
L.C.H.A. in the S.M.C.W.D. Treated Effluent Outfall Pipeline, free of
all liens and encumbrances. Such assignments shall be effective upon the acceptanceg by the City, of this offer as evidenced by the signature hereon-of a duly authorized City Official.
//Y dd .hZ&L&&Lf
RONALD C. PACKARD, Mayor
City of Carlsbad - Lake Ca av a Hills Associates
ATTEST :
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AGREEMENT
This Agreement is made and entered into at Carlsbad,
20th day of Sig%%&-,-- 9-84-, by and between 1985 California, this
City of Carlsbad, California, a municipal corporation 1.1
(hereinafter referred to as "City"), and Lake Calavera Hills
Associates, a California partnership (hereinafter referred to as
"1)eveloper" ) .
R E C I T A L S:
A. City and Developer have previously entered into a
certain agreement, dated December 26, 1979, and entitled
"Agreement Between City of Carlsbad, California and Lake
Calavera Hills Associates for Construction of a 1.2 Million
Gallon Capacity Sewage Treatment and Waste Water Reclamation
Facility and Necessary Appurtenances and to Provide for the
Financing and Reimbursement for Costs of Oversizing Thereof".
B. Developer has undertaken performance under said
agreement and has expended substantial sums of money in excess
of $2,000,000 in furtherance of the agreement.
C. Developer has completed construction of the sewage
treatment facility and portions of the effluent disposal line
and those facilities are ready for delivery to and acceptance by
the City.
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D. By reason of certain intervening considerations,
the parties now agree that it is not in the best interests of
either the City or Developer to attempt to complete the
agreement in accordance with its terms.
E. The parties desire to effect a novation of the
original agreement and enter into a new agreement to establish
their rights and obligations.
F. The parties intend by this new agreement to
transfer all completed facilities to the City, with Developer
receiving appropriate credit for expenditures previously made
arid appropriate reservations of sewage treatment capacity in
those f aci 1 it ies .
NOW, THEREFORE, in consideration of the recitals and of
the mutual obligations of the parties established by this
agreement , City and Developer agree as follows:
SECTION 1: DEFINITIONS
A. "Acceptance": A formal action by the City
accepting any offer of dedication of the sewage treatment
facility or any portion thereof. Acceptance shall not
constitute a waiver of defects by City.
B, "Agreement" : This agreement , being a new
agreement in the place and stead of the original agreement dated
December 26, 1979,
"EDU": EDU is an abbreviation of Equivalent - C.
Dwelling Unit and is an approximation of that amount of sewage
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which is discharged daily by an average residential dwelling
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D. "EDL Line": EDL line is synonymous with the term
"jEail-safe line" used in the original agreement and means any
effluent or excess effluent disposal line which would carry
effluent from the project to the ocean outfall.
E. "Master Plan. Area or Calavera Hills": Master plan
area or Calavera Hills shall include all areas defined in the
Lake Calavera Hills Master Plan (MP-lSO(A)) on file with the
City and incorporated herein by reference.
F. "MGD" - : Plant capacity expressed in millions of
gallons per day.
G. "Original Agreement" : That certain original
agreement between the parties hereto, dated December 26, 1979,
which agreement is novated and replaced by this agreement.
SECTION 2: NOVATION OF ORIGINAL AGREEMENT
That certain agreement between the parties dated
December 26, 1979, "the Original Agreement", is hereby
superseded and extinquished and this agreement shall establish
arid control the rights and obligations of the parties in its
place and stead.
SECTION 3: RELEASE FROM MORATORIA
Upon the execution of this agreement by the parties and
the delivery of the completed facilities to City, the City shall
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promptly undertake the steps necessary to remove the lands of
Developer within the Master Plan Area from the Planning moratoria
imposed by Chapter 21.49 of the Carlsbad Municipal Code.
will immediately make available to Developer and Developer's
successors in interest sewage treatment capacity at the Encina
Treatment Plant on the same basis as any other property owners
in the City's sewer service area. The availability of this
capacity is subject to the limitations of the existing system for
the transmission of sewage to the Encina Plant; provided,
however, that City shall not unreasonably discriminate against
Developer and Developer's successors in interest in access to
tiransmi s s ion capac i ty .
City
SECTIBN 4: DELIVERY OF COMPLETED FACILITIES
Upon execution of this agreement by the parties,
Developer shall deliver to and offer to dedicate to City all
p:Lans, land, rights-of-way, completed facilities, and Developer's
interests in the San Marcos Outfall Pipeline (hereinafter
"Completed Facilities"). The Completed Facilities are described
on Exhibit "A", attached hereto and made a part hereof by this
reference. Developer will transfer all rights, title and
interest in the Completed Facilities to City free and clear of
a:L1 liens and encumbrances, subject only to any rights expressly
re served he re i m .
SECTION 5: WARRANTY
Developer shall fully guaranty and warrant all work on
the Completed Facilities for a period of one year from the
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date of this agreement. If within said warranty period any
structure or part of any structure furnished, installed, or
constructed, or caused to be installed or constructed by
Developer, or any of the work related to the completed
facilities, fails to fulfill any of the requirements of the plans
aind specifications referred to in the Original Agreement,
Developer shall without delay and without any cost to City,
repair, replace, or reconstruct any defective or otherwise
unsatisfactory part or parts of the work or structure.
will be notified in writing of any deficiencies which must be
corrected, but failure on the part of City to notify Developer
shall not affect any of City's rights under this provision.
Developer
Developer shall commence repair of any defect or
deficiency within ten working days after notification by City.
The repairs shall be completed expeditiously and within a
reasonable period of time. If Developer fails to commence or
complete repairs within these time limits, City may undertake and
i:; hereby authorized by Developer to make, at City's option, the
repairs and assess the cost to Developer. Repairs pursuant to
this warranty shall be at the cost of Developer and no credit
shall be given therefor.
SECTION 6: RELEASE FROM FURTHER OBLIGATIONS
UNDER ORIGINAL AGREEMENT
Except as expressly provided herein, Developer shall
have no further obligations under the Original Agreement and, in
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particular, shall have no obligation to complete the EDL Line
nor the water reclamation facilities; provided, however, that
this release shall not release Developer from liability for fees
or charges, if any, for water reclamation facilities which are
uniformly applied to all property owners within the City or
within the drainage basin,
SECTION 7: COMPLETION OF TAMARACK AVENUE RIGHT-OF-WAY
ACQUISITION AND IMPROVEMENT
Anything contained herein to the contrary
notwithstanding, Developer shall remain responsible for
completing the acquisition of Tamarack Avenue right-of-way as
shown on Exhibit "B" attached hereto and made a part hereof by
this reference, and for the improvement of same.
Developer's claim for reimbursement from other property
owners adjoining Tamarack Avenue shall be presented to the City
Council to be resolved by it and its decision shall be final.
That matter is not a part of this agreement.
SECTIQN 8: CREDIT FOR PAST EXPENDITURES
In consideration of the construction and transfer of
the Completed :Facilities, Developer shall receive a credit with
City in an amount equal to the audited and agreed upon costs
incurred by Developer to date, including construction interest,
in completing the facilities, in an amount of $-2;-859-,951s $2,866,771
This credit will be available to be drawn upon by Developer to
Pay sewer connection fees for development within the Master Plan
Are a.
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SECTION 9: CONNECTION FEES
The City agrees that the sewer connection fee for up to
a total of 1,000 EDU's of capacity for any development on
property within the Master Plan Area owned by Pacific Scene, Inc.
s:hall be $1,000 per EDU. City will assign a portion of
Dleveloper's credit balance in the amount of $1,000,000, to be
drawn upon by Pacific Scene, Inc. or their successors in
interest, to pay sewer connection fees. The sewer connection fee
for other developments on property in the Master Plan Area shall
be the fee generally applicable to development of the same type
elsewhere in the City's sewer service area.
Until such time as Developer's credit is exhausted,
C.ity shall not issue sewer permits for development in the master
plan area to other than Developer without either written
assignment of credit or written notification from Developer that
sewer permits :may issue without credit. Developer, in
exercising his rights under this section, shall not require
other developers to pay more for sewer capacity than the current
city charge.
SECTION IO: SUCCESSORS AND ASSIGNS
The covenants and agreements contained in this agreement
will be binding upon and insure to the benefit of City and its
siuccessors and assigns, and Developer and its successors and
aissigns; provided, however, Developer shall not convey, assign or
otherwise transfer its rights or obligations hereunder without
t:he prior written consent of the City.
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SECTION 11: ASSIGNMENT OF CREDIT
In the event Developer sells portions of the property
within the Master Plan Area to other parties who become the
developers thereof, the credits available pursuant to this
agreement may be assigned by Developer to satisfy the obligations
of such developments for the payment of sewer connection fees.
Such assignments. shall be in writing to the City indicating the
amount of such credit to be made available.
No assignment shall be made without prior written
approval of City. City reserves the right to limit the
assignments so as not to be required to account for multiple
assignees Lander circumstances which may create an administrative
burden for City.
SECTION 12: RESERVATION OF CAPACITY IN LCH
SEWAGE TREATMENT PLANT
City shall reserve sewage treatment capacity in the Lake
Calavera Hills Sewage Treatment Plant for Developer to the extent
of 41.77% of the rated capacity of the plant. The parties
contemplate that the rated capacity of the plant may increase or
decrease as conditions change and that Developer's reserve
capacity may increase or decrease accordingly. Determination of
rated capacity for the purpose of this agreement shall be in the
sole discretion of the City Council. The parties understand that
this facility will not be available for use until the EDL line is
completed in its entirety. This reservation of capacity in the
LCH Plant does not constitute a guaranty that sewage treatment
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wil.1 in fact be available to serve the Master Plan Area.
connections made from development in the Master Plan Area to the
Enc.ina Treatment Plant will be deducted from the capacity reserved
for Developer at the Lake Calavera Hills Plant.
Any
Capacity reserved for Developer shall not be used for
any development other than development within the Master Plan
Area.
SECTION 13: DEVELOPMENT SUBJECT TO ORDINANCES
Nothing in this agreement shall exempt Developer from
any local building or zoning ordinances. Developer shall be
sub:ject to any existing or future zoning, building or other laws
established or adopted by City to regulate the location,
qua:Lity, quantity, pace or other aspects of development in City.
Developer shall also be subject to all general plan requirements
of the City, including any proposals adopted to implement any
element of the general plan and to the Lake Calavera Hills
Master Plan conditions.
SECTION 14: COMPLETION OF EDL LINE
The timing of the construction by the City of the EDL
line shall be at the discretion of the City.
contemplates undertaking to complete the line under the same
terrns and conditions as any other City capital improvement
pro:ject as dictated by the needs of the City and available
financing .
The City
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SECTION 15: DEVELOPER'S OPTION TO COMPLETE EDL LINE
A. Developer ' s Opt ion :
If the City or Developer determines that sewer
service is not available to the Master Plan Area and it becomes
necessary for Developer to use the capacity reserved in the Lake
Calavera Hills Plant to serve such area and if the City is not
prepared to construct the EDL line, Developer shall have the
option, subject to the terms of this section, to complete or
cause to be completed the EDL line. Developer shall notify City
in writing of his intention to elect to exercise this option and
secure the consent of City before proceeding. The actual cost of
completing the EDL line will be added to Developer's credit with
the City.
B. Cost Estimate:
No later than the time of submission of the plans and
specifications, Developer shall submit a detailed itemized cost
estimate for the EDL line and an estimated completion date. City
shall act upon the cost estimate and completion date no later
than thirty days after submission of such estimate in a complete
arid approvable form. Upon approval of such estimate and date by
the City, they shall become a part of this agreement.
C. Actual Cost To Build The EDL Line:
Actual cost to build the EDL line shall mean the sum
total dollar cost of actual expenditures for construction
including, but not limited to, labor, materials, plan checking,
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engineering, surveying, design, interest during the construction
period of the EDL line on borrowed funds necessary for the actual
construction of the EDL line, fees for applicable permits, costs
aittributable to land, rights-of-way or other interests in real
property necessary for the EDL line not to exceed the fair market
value at the time of acquisition or acceptance of the EDL line,
whichever is less, and other costs necessary for the construction
in a good workmanlike manner in accordance with the plans and
specifications, but not including any preliminary reports,
studies, attorney's fees or other such charges. Actual costs to
build the EDL line shall be documented to the satisfaction of the
City and shall be approved by the City Council.
D. Cost Limitation:
The actual cost to build the EDL line shall not exceed
the estimates as approved pursuant to Section 15(B) above. Any
ditfference between actual costs and the estimates shall be
absorbed by Developer and shall be disregarded for purposes of
the credit. Notwithstanding the fact that construction may
extend past the estimated completion date, construction interest
accruing after that date shall not be included as part of the
actual costs and shall be disregarded for purposes of the
credit .
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City shall have no obligation to give Developer any
Risk of Development Prior to Approval of Developer:
credit until the cost estimates required by Section 15(B) are
approved by City.
loss occasioned to Developer because it commenced construction
prior to approval of the estimates. Developer shall receive no
credit and shall have no recourse against the City for any loss
occasioned to 'Developer because the estimates were not approved
or the agreement was otherwise terminated by Developer prior to
completion and acceptance of the project by the City,
Developer shall bear the full risk of any
F. Cost Monitoring:
In addition to the rights stated elsewhere in this
agreement, City shall have the right to monitor all costs for
the project. :Developer shall provide City with all receipts,
invoices, bills or other information requested by City to aid in
the cost monitoring.
G. Construction Agreement:
If Developer exercises his option and undertakes to
c'omplete the EDL line, the following provisions of the Original
Agreement shall apply and shall become part of this agreement:
SECTION 2: DEVELOPER'S OBLIGATIONS
A. Construct,
C. Dedication.
D. Warranty.
E. Acquisition of rights-of-way.
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F. Permits .
G. Inspection.
H. Compliance with laws.
I. Compliance with the Precise Development
Plan.
J. Other responsibilities prior to acceptance.
SECTION 4: CITY'S OBLIGATIONS AND RIGHTS
B. Acceptance.
C. Inspection.
D. Cooperation.
SECTION 8 : GENEPAL CONSTRUCTION
SECTION 16: SUBJECT TO FEES
Developer and the Master Plan Area are subject to all
City fees of general application including, but not limited to,
sewer connection, sewer service, line extension, pumping plant
and water reclamation, on the same basis as other similarly
situated properties within the City's sewer service area, except
that Developer may draw upon his credit with the City to pay
sewer connection fees in accordance with this agreement.
SECTION 17: MISCELLANEOUS PROVISIONS
A. Indemnity of City:
Developer shall indemnify, assume the defense of, and
hold free and harmless, City, its officers, agents, employees
and any engineer, architect or other consultant utilized by City
om the project from any and all obligations, liabilities, liens,
claims, demands, losses, damages and expenses, of whatever type
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or nature including, but not limited to, attorney's fees and all
litigation costs arising out of Developer's design or
construction of the proposed facilities or any other act or
omission to act by Developer, its agents, servants, employees,
invitees, or independent contractors which are required by this
agreement.
Notwithstanding the foregoing, the indemnity agreement
created by this section shall not indemnify the City, its
officers, agents or employees against any liability arising from
the negligence or willful misconduct of City, its officers,
directors, agents, employees or independent contractors,
B. Developer not agent of City:
Neither Developer nor any of Developer's agents or
contractors are or shall be considered to be agents of City in
connection with the performance of Developer's obligations under
t'his agreement.
C. Records:
City will maintain complete records of all connection
Such records shall be open to Developer upon fees received,
reasonable notice to City.
D. Payments on notices:
All notices, demands and requests which may be or are
required to be given or made by either party to the other party
shall be in writing. All notices, demands and requests by
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Developer to City shall be sent by United States registered
mail, postage prepaid, addressed to City as follows:
City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
All notices, demands, requests and payments by City to Developer
shall be sent by United States registered mail, postage prepaid,
addressed to Developer as follows:
& Lake Calavera Hills Associates
1207 Elm Avenue, 4k-Lke-D
Carlsbad, California 92008
Attn: Roy J. Ward w
or to such other addressee and to such other place as Developer
may from time to time designate in written notice to City.
E. Arbitration of Disputes:
Any controversy or claim between the parties to this
agreement including, but not limited to, any claims, disputes,
demands, differences, controversies, or misunderstandings
arising under, out of, or in relation to this agreement, or any
alleged breach of this agreement, shall be submitted to and
determined by arbitration in accordance with the California
Arbitration provisions contained in Code of Civil Procedure
Section 1280 et seq., as amended from time to time, except as to
those determinations under this agreement made in the sole
discretion of the City or its Council.
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Subject to the provisions of Code of Civil Procedure
Section 1296, the arbitrator or arbitrators shall determine the
rights of the parties in accordance with the law and the award
shall be subject to review as to the arbitrator's application of
the law by any court having jurisdiction of the matter, whether
or not any mistake of the law shall appear upon the face of the
award. As to all questions of fact, however, the determination
of the arbitrator or arbitrators shall be binding upon all
parties and shall be deemed final and conclusive. Each party
shall be entitled to written findings of fact and conclusions of
law as to all issues determined by the award. Subject to the
above limitations, the award granted by the arbitrator shall be
binding upon all parties to the arbitration and judgment upon
the award rendered by the arbitrator or arbitrators may be
entered in any court having jurisdiction over the matter.
F. Notice of Taxable Possessory Interest:
If this agreement results in the creation of a
possessory interest, and such possessory interest is vested in a
private party in this document, the private party may be
subjected to the payment of personal property taxes levied on
such interest.
G. Antitrust Claims of Developer or Successors:
By entering into this agreement or any subcontract
pursuant to this agreement, Developer, each contractor, and each
subcontractor who performs work or who supplies goods, or
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materials in accordance with the terms of this agreement hereby
of€ers and agrees to assign to City all rights, title, and
interest in and to all causes of action it may have under
federal or state antitrust law including, but not limited to,
antitrust action any of them may have under Section 4 of the
Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act
(Chapter 2 commencing with Section 16700 of Part 2 of Division 7
of the Business and Professions Code), arising from the
purchases of goods, services or materials pursuant to this
agreement or any related subcontract. This assignment is made
and becomes effective at the time City accepts the proposed
facilities and land transfer without further acknowledgment of
the parties. Developer agrees to insure that a comparable
provision is included in all contracts or subcontracts at all
tier levels which are executed pursuant to this agreement.
H. Venue:
In the event of any legal or equitable proceeding to
enforce the terms or conditions of this agreement, the parties
agree that venue shall lie only in the federal or state courts
in or nearest to the North County Judicial District, County of
San Diego, State of California.
I. Modification: This agreement may not be altered in
whole or in part except by modification in writing, executed by
both parties to this agreement.
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J. Attorney's Fees:
In the event any arbitration proceeding, administrative
proceeding or litigation in law or in equity, including any
action for declaratory relief, is brought to enforce or
interpret the provisions or performance of this agreement, the
prevailing party or parties shall be entitled to an award of
reasonable attorney's fees and costs associated with the
proceeding as determined by the court, the presiding officer, or
the arbitrator authorized to make a determination of the issues
in addition to any other relief to which the prevailing party
may be entitled.
In the event opposing parties have each prevailed on
one or more causes of action actually contested or admitted by
pleadings, discovery or prehearing documents on file, the
arbitrator or presiding officer may offset such fees and costs
between prevailing parties after considering the necessity of
the proceeding and the importance of the issue or issues upon
which each party has prevailed.
K. Right of City to Inspect.
Both parties to this agreement understand that City
intends to approve, or inspect and approve, all phases of design
and construction of the proposed facilities. Developer shall
supply City with such information as City deems necessary from
time to time in City's sole discretion to properly review all
design and construction phases of the contract and to provide
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City with the opportunity to inspect the proposed facilities
from time to time upon request,
L. Section Headings and Interpretation:
All clauses contained in this agreement shall be
interpreted in a manner which renders them valid under
applicable provisions of state or federal law to the maximum
feasible extent. By Resolution No. 5871 the City Council, of
City, approved a Precise Development Plan for the development of
the sewage treatment facility and all necessary appurtenances.
The provisions of the Precise Development Plan as adopted by
Resolution No. 5871 shall prevail over any inconsistent
provisions of this agreement,
The headings of sections herein are used for
convenience only and shall not affect the meaning or the
contents thereof.
M. Approval by City:
Except as otherwise expressly provided herein, approval
by City shall mean written approval by the City Manager,
N. Risk of Loss:
Prior to acceptance of the project, the risk of loss
shall be on Developer.
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(Partnership)
STATE OF CALIFORNIA
COUNTY OF, sNg Dm
before me, the undersigned, a Notary Public in and for said State, personally appeared
} ss.
January 20, 1982
ROY J. Ward
W !Y
r known to me
t On
2 to be the g-d-the partner9 of the partnership 2 that executed the within instrument, and acknowledged to me
UJ that such partnership executed the same.
Notary Public - California
'I
(This area far official notarial seal)
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IN WITNESS WHEREOF, the parties have executed this
agreement in duplicate as of the day and year above-written.
ATTEST : CITY OF CARLSRAD, a municipal
corporation of the State of
California
BY
City Clerk
LAKE CALAVERA HILLS ASSOCIATES,
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CALAVERA HCLS SEWAGE YREATX
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I 2354 .* a749 , c , -*.-I; h p ., 'RECORDING REQUESTED , BY AND MAIL TO . -. . a.
T.ECORDLD iN GFFiC1AL RECOfiE OF ORANGE COUNJY. CALIFOAN
-2% PM APR 1 197 !. WYLIE CARLYLE. Countv Reco
jBc8.q
CERTIFICATE OF LIMITED PARTNERSHIP OF
LAKE CALAVERAS HILLS ASSOCIATES
THIS CERTIFICATE OF LIMITED PARTNERSHIP is prepared q
recorded under Section 15502 of the California Corporatioi
Code .
1. The name of the Partnership is LAKE CALAVERAS
HILLS ASSOCIATES.
2. The character and general nature of the busines
to be conducted by the Partnership is to acquire, subdivi
develop, and sell a certain parcel of unimproved real pro
described in Exhibit "A" attached hereto and made a part
hereof, and to do all things necessary, related or incide
to said purpose, as may be determined from time to time b
the General Partner.
1 Y
3. The principal place of business of the Partners
shall be 4321 Birch Street, Newport Beach, California 926
4. The name and place of residence of each member
the Partnership are as follows:
General Partner: Roy J. Ward
\ 4321 Birch Street
Newport Beach, Califor
as Tzustee of the Martha Killifer Trust
343 "B" Street
Oxnard, California 930
Limited Partner: Don N. Bowker,
5. The term of the Partnership shall commence on
August 20, 1976, and shall continue for ten (10) years
I . thereafter .
!
6. The Limited Partner shall contribute cash in ar;
amount equal to the balance of the Development Loan funds
available for contribution to tqe Partnership under the E
I f , I
BK 0 2 l30P6 I : 0 -0 ,r .. ., .r*
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visions of Article VI11 of that'certain Option Agreement
dated August 20, 1976, between Don N. Bowker as Trustee of
the Martha Killifer Trust under Trust Agreement dated
.February 27, 1962, as Seller, and Roy J. Ward as Buyer.
e 7. The additional contributions agreed to be made by
the Limited Partner and the time at which or events on the
happening of which the additional contributions shall be
made are as follows: If the General Partner decides that
additional capital must be Contributed, he shall notify the
Limited Partner in writing, and within thirty (30) days
aftef: notice is given the Limited Partner shall contribute
such additional cash up to a maximum of TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250#000.00), subject to the availability
of such additional funds being obtained through the DeveloF
ment Loan referred to in that certain Option Agreement date
August 20, 1976, between Don N. Bowker as Trustee of the
Martha Killifer Trust under Trust Agreement dated February
1962, as Seller, and Roy J. Ward as Buyer. -
8. The contribution of the Limited Partner shall be
returned only from the annual net receipts of the partners1
as defined, if and when such annual net receipts exist. \
9. The Limited Partner, by reason of its contributic
shall share in the income and profits of .the Partnership aE
follows:
(a) All net receipts, as defined, shall be alloc
to the Limited Partner until the aggregate of all alloca-
itions of annual net receipts to the Limited Partners for a1
calendar years including the calendar year for which the
allocation is being made equals one hundred percent (100%)
of all contributions made by him to the capital of the
Partnership.
i
,i
i. 731 BK12IZOP6,
(b) If any net receipts remain after the alloc
tion is provided for in paragraph (a) above, and after th
General Partner has received FIFTY THOUSAND DO+LARS ($50,
or such other amount as may be determined as the contribu
of the General Partner by-reason of his contribution of sl
real property, such remaining net receipts shall be allocl
sixty percent (60%) to the General Partner and forty perc
(40%) to the Limited Partner.
10, The Limited Partner shall not be entitled to se
assign, transfer, convey, pledge, encumber, hypothecate.0
otherwise dispose of his interest in bhe Partnership unle
he shall have first complied with the following provision
and any such purported sale, assignment, transfer, convey
i pledge, encumbrance, hypothecation or other disposition n
made strictly in accordance with the following provisions
shall be entirely null and void.
(a) Should the Limited Partner desire to sell,
assign, transfer or convey all or any part of his interes
stituted Limited Partner who shall make an offer for the
purchase thertof (hereinafter referred to as the "Outside
Purchaser") the Limited Partner (the "Selling Partner" )
shall send a written notice to the General Partner, by
registered or certified,mail, setting forth the name and
address of the Outside Purchaser, the purchase price and
terms of the proposed sale. Upon the receipt of said not
.l and statement, the General Partner shall have five (5) da
to approve or disapprove the Outside Purchaser in writins
which approval or disapproval shall be in his sole and
' absolute discretion. In the event that the General Partr
3
. a * ' L i... f
i' BK12BQP6[3(
* i zi2
disapproves the Outside Purchaser, any sale, assignment,
transfer, conveyance, pledge, encumbrance or other dis-
position of the Selling Partner's interest sha1l;be null a1
void.
a (b) In the event the General Partner approves ar
Outside Purchaser, such Outside Purchaser shall be entitled
to be admitted to the Partnership as a substituted Limited
Partner provided that the following conditions are compliec
with:
(1) The General Partner shall approve of tl:
'form and content of the instrument of assignment.
(2) The assignor and assignee or assignees
. named therein shall execute and acknowledge such other
instrument or instruments as the General Partner may
deem necessary or desirable to effectuate such admissj
. (3) The assignee or assignees shall in
writing accept and adopt all of the terms and pro-
visions of this Agreement, as the same may have been
amended .
(4) Such assignor shall pay or obligate
\ himself to pay, as the General Partner may determine,
all reasonable expenses connected with such admission,
including but not limited to, legal fees and costs
(which costs may include, for example, the cost of
filing and publishing any amendment to the Certificate
of Limited Partnership and amendment to the Certificat
I of Fictitious Name to effectuate such admission); and
(5) The assignee or assignees shall file
with the Partnership, if required by the General Partr
such proof of age as the General Partner may deem
71
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necessary. In no event shall a limited partnership
interest, or any portion thereof, be assigned or tran
ferred to a minor or incompetent. Any such attempted
assignment or transfer shall be'null, void and inef-
fectual.
11, Except as otherwise specifically provided in the
Limited Partnership Agreement, the General Partner shall n
have the right to admit additional limited partners.
12. Upon the death, retirement, or insanity of the
General Partner, the Partnership shall dissolve.
,13. No right is given the Limited Partner to demand
and receive property other than cash for his contribution.
14. Without the written consent of the Limited Partn
the General Partner shall not: (a) do any act in contra-
vention of the Limited Partnership Agreement in its presen
form or as amended; (b) do any act which would make it
impossible to carry on the ordinary business of the Part-
nership; (c) confess a judgment against the Partnership; (
possess Partnership property in.his individual name or
assign his rights in specific Partnership property for otk
than a Partnership purpose; or (e) admit any other person,
firm or corporation as a-General Partner.
IN WITNESS WHEREOF, the General Partner and the 1% Limited Partner have signed this Certificate this /7 -
day of November, 1976.
"General Partner"
DON N. BOWKER, Trustee of tl Martha Killifer Trust under
Trdist Agreement dated
February 27, 1962
"Limited Partner"
.< *
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61 12 13OP6 1 $j(
$* " -- i
' STATE OF CALIFORNIA )
) ss.
C0UNT.Y OF ORANGE )
On /;r3d 29 I 1978, before me, the und'ersigned,
Notary Public in and for said State, personally appeared
ROY J. WARD, known to me to be the person whose name is
subscribed to the within instrument. and acknowledged that
he executed the same.
' WITNESS my hand and official seal,
h
Ndary Public Li- 4db
STATE OF CALIFORNIA )
) ss.
COUNTY OF (- 1
On hT %- 3 I 1976, before me, the undersigned,
a Notary Public in and for said State, personally appeared
DON N. BOWKER, known to me'to be the Trustee of the Martha
Killefer Trust, and acknowledged to me that he ejrecuted the
same on behalf of the Trust.
'
WITNESS my hand and official seal. \
- 4ggL-zdhFd LLoq-
Notary Public
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&md 4 $2+s?A+ 'hP 1- \+KO
gca-oWgG
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1200 ELM AVENUE TELEPW
CARLSBAD, CALlFORNtA 92008 (714) 438-
aitp of Carlsbab
January 10, 1980
Vera L. Lyle, Recorder
COUNTY OF SAN DIEGO
Post Office Box 1750 San Diego, CA 92112
Attention: Eve Blair, Deputy
Re: AGREEMENT BETWEEN CITY OF CARLSBAD AND
CATAVERA HILLS ASSOCIATES
-. Per your Transmittal of January 8, 1980, enclosed is the origi of the above-referenced Agreement €or recordation, to which is attached the Notarial Acknowledgment of the Mayor’s signature,
you required.
/I
fi r\ /R :;I
/&‘&&gz!L4 A, GLi/ A>, ITA DA~K MURPHY , yfi
Deputy C$,ty Clerk
ADH : am
Encloszre
C&NTY OF SAN Dl&O
ANN
CH VERA L. LYLE
RECORDER c
-E
P.O. BOX 1750
SAN DIEGO, CALIFORNIA 92112
(714) 236-2696 Jan 8 1980
City of Carlsbad
1200 Elm Avenue
Carlsbad CA 92008
We are returning UNRECORDED-t Between
naming
with your remittance of $ NO FEE Check
M. 0.
City of Carlsbad and CalaGera Hills Associates
Signature of the Mayor needs to be acknowledged by a Notary Public.
Recording Fees are $3.00 for the first page, plus $1.00 for each additional
page of each document.
NOTICE: SHOW NAME AND ADDRESS ON DOCUMENT FOR RETURN BY MAIL.
HARLEY F. BLOOM, County Recorder B
Eve Blair
- Form 4 12-75
F
w
1200 ELM AVENUE TELEPH(
CARLSBAD, CALIFORNIA 92008 (714) 438.
Cltp of QLarIs’bab
December 28, 7979
Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112
4 Enclosed for. recordation is the following de-
scribed document:
Agreement between the City of Carlsbad and Lake Calavera Hills Associates for -’ construction of a 1.2 Million Gallon Capacity Sewage Treatment and Waste- water Reclamation Facility and necessary
appurtenances and to provide for the fi-
nancing and reimbursement for costs of
overs i zing thereof.
Out- staff has determined that the recordation of this document is of benefit to the City, there-
fore, it is requested that the fees be waived.
Thank you for your assistance in this matter.
ALETHA L. RAUTENKRANZ
City Clerk
ALR: krs
Enclosure (1)
-3.
2
3
4
RE:SOLUTION NO. 6000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSEAD, CALIFORNIA, APPROVING AN
AGREEMENT BETTSEEN THE CITY OF CZ'IRLSRAD AXD
LAKE CFLAVERA HILLS ASSOCIATES FOX CONSTRUCTION OF A 1.2 MGD CAPACITY SEWAGE TRXATMENT AND
WASTEWATER RECLx;\ZAT I ON FAC I L I TU 2'-ND N ECE S S AliY
5 APPURTENANCES AND TO PROVIDE FOR THE FIEANC-
7
8
9
10
11
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The City Council of the City of Carlsbad, California, doc
hereby resolve as follows:
1. That tha% certain agreement between the City of Carl
and Lake Calavera Hills Associ.ates for construction of a 1.2
million gallon per day capacity Sewage Treatment and ViastEwate
Reclanation Faci.Xity and necessary appurtenances and to provde
for the financing and reimbursement for costs of oversizing
thereof, a copy of which is attached 'rereto marked Exhibit A an
made a part hereof, is hereby approved.
17 1 52 y
>; 5
tv t 18
19
20
21
,. 22
0
23
24
25
26
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27
28
L
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad. I PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
18th day of December -- , 1979 - by the.following vote, to wit:
AYESr Councilmen Packard, Skotnicki, Anear, Lewis and
NOES: None Councilwoman Casler ad&? JLL22..f ABSENT: N~~~
RONALD C. PACKARD, Mayor :
ATTEST:
&.&&&, z! &&-Am- ALEZ'HA L. RAUTENXZGNZ, City Clpk
(SEAL)
1 9 ii 4 3> f'\ p -333 p 3 4 >?
, ' k-- k,
a 9 1 E"=i+@J h $1 { p. /\ L- k.
Recording requested by:
When recorded, return to:
CITY OF CARLSBAD a,
CITY CLERK 1200 Elm Ave.
Carlsbad, CA 92008
AGREEMENT BETWEEN CITY OF CARLSBAD,
CALIFORNIA AND LAKE CALAVERA HILLS ASSOCIATES
FOR CONSTRUCTION OF A 1.2 MILLION GALLON CAPACITY SEWAGE TREATMENT AND WASTEWATER RECLAMATION FACILITY AND
NECESSARY APPURTENANCES AND TO PROVIDE FOR THE FINANCING
AND REIMBURSEMENT FOR COSTS OF OVERSIZING THEREOF.
0
FllE /PAGE t3nfIx
RECORDED REUlJESi 0
4Q5lRsrsseg
Jm4 N IO 30 88 *!jr
IIECOREER
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0.
TABLE OF CONTENTS
Section Page
1
4
RECITALS
1. DEFINITIONS
2. DEVELOPER'S OBLIGATIONS
5
6
7
7
8
9
9
9
9
10
A. Construct
B. Percolation tests
C. Dedications
D. Warranty
E. Acquisition of rights-of-way
F. Permits
G. Inspections 0 H. Compliance with laws
I.
J.
Compliance with the precise development plan
Other responsibilities prior to acceptance
3. DEVELOPER'S RIGHTS
10
11
A. Reserve capacity
B. Reimbursement
4. CITY'S OBLIGATIONS AND RIGHTS
11
11
12
12
A. Set and collect fees
B. Acceptance
C. Inspection
D. Cooperation
5. RESERVATION OF CAPACITY
12
13
A. Reservation for Developer 0 B. Developer subject to growth limitations
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t
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Section Page
Discretionary approvals and building permits
0.
13 C.
6. PHASING
14
14
15
15
A. Permitted
B. Phase I
C. Phase I1
D. Discretionary approvals and building permits
7. REIMBURSEMENT
15
16
16
16
17
17
A. Calculation of amount
A.l Calculation if project built in phases
B. Definition of cost
B.l Cost estimate
B.2
B.3 Cost limitation
B.4
Actual cost to build the project 0
Risk of development prior to approval
on Developer 18
18
18
18
19
19
20
20
21
21
C. Cost monitoring
D. Collection of reimbursement fee
E. Calculation of amount of fee
F. Switchovers
G.
H. Waiver of reimbursement fee
I. Article XIIIA risk
J. Claim or dispute
K. Service and facility fee
Delivery of fees collected to Developer
0
ii.
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3 ,I .'e e *
Section Page
8. GENERAL CONSTRUCTION
0-
A. Preparation of plans and specification-- change orders 22
B. Right to approve contractor 22
C. Right to approve equipment 22
D. Developer to maintain insurance 23
9. MISCELLANEOUS PROVISIONS
A. Indemnity of City 23
B. Developer not agent of City 24
C. Records 24
D. Payments on notices 24
E. Successors and assigns 25
F. Arbitration of disputes 26
G. Notice of taxable possessory interest 27
H. Antitrust claims of Developer or Successors 27
I Venue 28
J. Modification 28
K. Attorneys' fees 28
L. Right of City to inspect 29
M. Integrated agreement 30
N. Section headings and interpretation 30
0. Approval by City 30
P. Risk of loss 31
Q. Participation in future works 31
R. Amendment of Precise Development Plan 31
0
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a. AGREEMC" BETWEEN CITY OF CARLSBAD, CALIFORNIA AND LAKE CALAVERA HILLS ASSOCIATES FOR CONSTRUCTION OF A 1.2 MILLION GALLON CAPACITY SEWAGE TREATMENT AND WASTEWATER RECLAMATION FACILITY AND NECESSARY APPURTENANCES AND TO PROVIDE FOR THE FINANCING AND REIMBURSEMENT FOR COSTS OF OVERSIZING THEREOF.
This agreement is made this ab*4 day of DECE~BER , 19 '7?
by and between the City of Carlsbad, California, a municipal
corporation (hereinafter called "City") and Lake Calavera Hills
Associates, a California partnership (hereinafter called "Developer'
RE C I T A L S:
A. Developer wishes to develop for residential and other
purposes certain parcels of property described in the Lake
Calavera Hills Master Plan (MP-l50(A)) as approved by the City
Council in Ordinance No. 9571, on file with the City and incorpor-
ated by reference (hereinafter called "Calavera Hills") .
B.
of City for provision of sewer service to Calavera Hills by
constructing and dedicating to City a satellite sewage treatment
and wastewater reclamation facility.
Developer wishes to comply with and satisfy requirements
C. The public facilities element of City's General Plan
requires, among other things, that sewage treatment capacity be
available before development occurs. Presently no sewer facility
exists with capacity to service Calavera Hills.
sewer capacity is not available for proposed development, the
required finding of consistency with the City's General Plan
cannot be made and development cannot proceed. Construction of
If sufficient
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this satellite sewage treatment and wastewater reclamation facility
would satisfy the requirements of the General Plan for provision
of sewage capacity concurrent with need for the development. In
addition Chapters 18.05 and 21.49 of the Carlsbad Municipal Code
prohibit development unless sewage treatment capacity is available.
0,
D. To ensure the health, safety and welfare of the citizens
of Carlsbad it is necessary that the satellite sewage treatment and
wastewater reclamation facility built by Developer be of sufficient
capacity to provide sewage treatment service to development other
than Calavera Hills.
E. A portion of the capacity of the sewage treatment and
wastewater reclamation facility to be constructed by Developer will
be used by Calavera Hills. The remainder of the capacity will be
used by development other than Calavera Hills. 0
F. Developer desires to be reimbursed for sums expended to
oversize the sewage treatment and wastewater reclamation facility
to serve development other than Calavera Hills. The City has
determined that the public interest is served by construction of
the satellite sewage treatment and wastewater reclamation facility
by Developer. The public interest is further served by reimbursemei
to the Developer by those who will use the plant other than Calaver,
Hills of the costs of oversizing. However,Developer recognizes,
that because of factors yet unknown, there is no assurance he will
receive the full amount of the reimbursement or even any portion
thereof.
G. Developer desires to have reserved for Calavera Hills
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.Cr a a
certain rights to utilize capacity in the sewage treatment facilj
without payment of a sewer connection fee for plant capacity.
Without such reservation of capacity, Developer would not
enter into this agreement. However, both City and Developer
recognize that City has an obligation to serve the best
interest and meet the needs of all residents, present and
future, in the City. Developer recognizes that its rights
to capacity must be subject to the City's obligation to all
City's residents. Therefore, Developer's rights to reserved
capacity in the plant will be limited to a proportionate
share based on a ratio of projected development in Calavera
Hills to projected development in the entire area to be
served by the plant. Reserved capacity rights are established
by Sections 3 and 5 herein.
0.
H. Developer recognizes that utilization of capacity
in the sewage treatment and wastewater reclamation facility shall
be subject to all existing or future planning, zoning, building
or other ordinances which the City Council in its discretion
imposes to regulate the location, quality, quantity, pace or
other aspects of development on a city wide basis.
0
I. By Resolution No. 5871 the City Council, of City,
approved a Precise Development Plan for the development of
the sewage treatment facility and all necessary appurtenances.
Resolution No. 5871 is on file with the City and is
incorporated herein by reference.
that resolution.
the Precise Development Plan, as adopted by Resolution No. 5871
This agreement implements
Subject to the provisions of Section 9.R., a
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,
' I. </ a e 3 e- shall prevail over any inconsistent provisions of this
agreement.
NOW, THEREFORE, in consideration of the recitals, and of
the mutual obligations of the parties established by this
agreement, City and Developer agree as follows:
SECTION 1: DEFINITIONS
Whenever the following terms occur in this agreement, the
meaning shall be interpreted as follows unless the context in
which the term is used clearly requires a different interpretatic
A. "Acceptance": A formal action by the City accepting
any offer of dedication of the sewage treatment facility.
Acceptance may be of the entire project or of Phase I and
Phase I1 of the project, respectively, as provided herein.
Acceptance shall not constitute a waiver of defects by City.
B. "Board": The Regional Water Quality Control Board
0
with jurisdiction over the project.
C. "Drainage basin: Drainage basin shall mean all areas
described on the map contained in Exhibit A, attached hereto
and incorporated by reference herein.
D. "EDU": - EDU is an abbreviation of Equivalent Dwelling
Unit and is an approximation of that amount of sewage which is
discharged daily by an average residential dwelling. Actual
structures or developments built or proposed are assigned an
EDU value by the City Engineer. The number of average daily
gallons per EDU as used in this agreement shall be updated
annually and adjusted to reflect actual metered flow exper-
ienced during the previous years in the subject area provided, 0
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I 1% e e
L,
. however, that such adjustment may take into account condition of
the system, weather and any other factors which may affect flow.
0
E. "Fail-safe Line": Fail-safe line means any effluent or
excess effluent disposal line which would carry effluent from the
project to the ocean outfall.
F. "Master Plan Area or Calavera Hills": Master plan area
or Calavera Hills shall include all areas defined in the Lake
Calavera Hills Master Plan (MP-l50(A)) on file with the City and
incorporated by reference herein and shown for convenience on
Exhibit B, attached hereto and incorporated by reference herein.
"NGD": Plant capacity expressed in millions of gallons - G.
per day.
H. "Project": The 1.2 MGD capacity satellite sewage
0 treatment and wastewater reclamation facility and necessary appur-
tenances, including a fail-safe line, designed and constructed by
Developer and approved by City in conformance with this agreement
Project includes all facilities necessary to collect, treat and
dispose of 1.2 MGD of sewage, and to reclaim water from the treatI
of 1.2 MGD of sewage.
I. "Work": Any and all obligations, duties and respon-
sibilities necessary to the successful completion of the project
assigned to or undertaken by Developer pursuant to this agreement,
including but not limited to all labor, materials, equipment and
other incidentals and the furnishing thereof.
SECTION 2: DEVELOPER'S OBLIGATIONS
A. Construct: Developer agrees to construct at Developer':
cost and expense the project in full conformance with plans and SI
fications which are to be prepared by Developer and submitted to (
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' f b 'I, e e
e , Public Works Administrator for approval. Work, except for gradin<
approved by the Public Works Administrator, may not commence unti:
the plans and specifications are approved. Developer shall be
solely responsible for completing all phases of design and constri
tion of the project. Developer shall bear all design and construc
tion costs associated with building the project, including but no1
limited to all professional fees, applicable permit fees, taxes 01
other assessments, and all labor and material costs of the projecl
All design, contract awards and construction contracts shall be
acted upon by City within thirty days after receipt of the complet
plans and specifications and contract documents for the project tc
ensure their conformity with the Precise Development Plan, the
provisions of this agreement and any applicable state or local
laws. Developer shall submit the plans and specifications and
contract documents in a complete and approvable form. Except as
otherwise provided in Section 6 herein construction of the project
shall be completed in one phase. Construction obligations and
rights are established more fully in Section 8 of this agreement.
E;. Percolation tests: Developer shall conduct tests
e
necessary to determine if sufficient capacity exists in either the
Buena Vista recharge basin or the Aqua Hedionda recharge basin to
provide for reclamation. These tests shall include, but not be
limited to, tests necessary to establish sufficient dynamic and
static capacity in the aquifer(s) for 90 day storage, or such
lesser capacity as may be required by the Board for reclamation
of water from the project. Developer shall also conduct tests
necessary to provide the Board with sufficient data to make the @
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~ I ln@cessary findings ? o revise existing groundwa 9 r objectives in e . each affected basin to the extent that demineralization of treated
effluent would not be required before use of the effluent for
Type I irrigation. If the Board determines demineralization will 1
required in any event, Developer's obligation to conduct tests
regarding revision of the groundwater objectives shall cease.
Such tests shall be initiated immediately upon the execution of
this agreement and shall be completed prior to commencing con-
struction of the project unless the City Manager, in writing,
extends such period or decides no further tests are necessary.
Upon the completion of such tests, Developer shall submit the test
results and accompanying data to the City's Public Works Adminis-
trator for review and verification. Developer shall be responsiblr
for any additional testing required by the Board for approval of * the project*
C. Dedication: Upon full and satisfactory completion of
the project, in conformity with the approved plans and specificatic
and the items specified in Paragraphs I and J of this section,
Developer shall offer to dedicate the project to City. If this
offer of dedication is accepted by City, Developer shall immediate:
transfer all rights, title and interest in the project free and
clear of all liens and encumbrances whatsoever to City. Prior to
any offer of dedication, Developer shall secure all approvals,
certifications or permits required by the State Regional Water
Quality Control Board or any federal, state or local law.
D. Warranty: Developer shall fully guarantee or warranty
all work for a period of one year from the date of final acceptancr
by City. City shall conduct periodic inspections of the project
and a final inspection prior to the expiration of the warranty.
@
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0. If within said period any structure or part of any structure
furnished or installed or constructed, or caused to be installed
or constructed by Developer, or any of the work done under this
agreement, fails to fulfill any of the requirements of this
agreement or the plans and specifications referred to herein,
Developer shall without delay and without any cost to City,
repair or replace or reconstruct any defective or otherwise 1
unsatisfactory part or parts of the work or structure. Developer
will be notified in writing of any deficiencies which must be
corrected but failure on the part of City to notify Developer
shall not affect any of City's rights under this provision.
Developer shall commence repair of any defect or deficiency
within ten working days after notification by City. The repairs
shall be completed expediently and within a reasonable period of
time. If the Developer fails to commence or complete repairs wit
these time limits, City may undertake and is hereby authorized
by Developer to make, at City's option, the repairs itself and
assess the costs to the Developer. Repairspursuant to this
warranty shall be at the cost of the Developer and no reimburseme
shall be given therefor. Should the exigencies of the case
require reports or replacements to be made before Developer can
be notified, City may, at its option, make the necessary repairs
or replacements or perform the necessary work and assess the
costs of such repairs to Developer. Costs assessed may be
retained by City from any reimbursement collected and due to
Developer.
0
E. Acquisition of rights-of-way: Developer shall be 0
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0. responsible for acquisition of any land, rights-of-way, or other
interests in property necessary for required testing or for the
construction of the project. City shall participate in such acqui-
sition to the extent specified in the Precise Development Plan.
F. Permits: Developer shall not commence work, except for
grading approved by the Public Works Administrator, under this
agreement until Developer has obtained the necessary permits and
made the necessary deposits as may be required by a federal, state
or local law. Necessary permits include but are not limited to
building permits, discharge permits or any other discretionary or
mandatory government approval. If the City Council decides that
the project may be built in phases, Developer shall submit appli-
cations for permits to the Board for each phase concurrently.
G. Inspections: Developer shall provide for all required
inspections as provided herein. Inspection costs shall be include
in the actual project cost.
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H. Compliance with laws: Developer shall comply with all
applicable federal, state or local laws in the execution of this
agreement. Developer shall also comply with all orders, regulatio
and requirements of the State Regional Water Quality Control Board
or any other federal, state or local agency with jurisdiction
over the project.
I. Compliance with the Precise Development Plan: In
execution of its obligations under this agreement, Developer
shall comply with all conditions of the Precise Development Plan
as adopted by the City Council of City in Resolution No. 5871
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and with any amendments thereto, with the Lake Calavera Hills
Master Plan (MP-105 (A)) and with the City of Carlsbad
Environmental Impact Report and Facilities Plan for a satellite
Sewage Treatment and Wastewater Reclamation Facility as certified
by the City Council, a copy of which is on file with the City.
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J. Other responsibilities prior to acceptance: Until such
time as all work required by this agreement is fully completed
and accepted by City, Developer will be responsible for the
care, maintenance of and any damage to such work. Developer
shall give good and adequate warning to the traveling public
of each and every dangerous condition existent in said work,
and will protect the traveling public from such defective or
dangerous conditions.
SECTION 3: DEVELOPER'S RIGHTS
A. Reserve capacity: Consistent with the provisions of
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Section 5 herein, City shall reserve for the sole and exclusive
use of Developer 41.77 percent of the sewage treatment capacity
in the project as approved by the State Regional Water Quality
Control Board, provided, however, that nothing in this agreement
shall exempt Developer from any local building or zoning ordinancc
Developer's capacity rights may be adjusted by mutual agreement
of the parties to conform with the latest growth projections for
the basin and City's most recent gallon requirement per equivalen.
dwelling unit as calculated based on the average daily dry weathe:
flow. Such agreement shall not be unreasonably withheld.
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0. B. Reimbursement: Developer shall have the right to
reimbursement for the cost of oversizing the project as provided
in Section 7 herein. This right shall continue for twenty years
at which time it will cease whether or not Developer has been
reimbursed for the cost of oversizing.
SECTION 4: CITY'S OBLIGATIONS AND RIGHTS
A. Set and collect fees: City agrees to collect a sewer
connection fee from any person or development other than Calavera
Hills connecting to or using capacity of the project as provided
in Section 7 herein.
B. Acceptance: Upon offer of dedication; receipt of
inspector's certificate; receipt of any approvals, certificates
or permits required by the State Regional Water Quality Control
Board or any federal, state or local law; and warranty or guarant
as provided in Section 2.D of this agreement, City shall consider
acceptance of project from Developer. City shall act on the offe
of dedication within 60 days of tender of all items required by
this paragraph. City shall not unreasonably withhold acceptance.
Prior to acceptance City may require Developer to repair, correct
or reconstruct any defect in the project or any work not in
conformity with the approved plans and specifications or as
required for final certification by the Regional Water Quality
Control Board. Developer shall then make any repair, correction
or reconstruction required by City at Developer's own cost and
expense and shall receive no reimbursement for any portion thereo
City's obligations and rights under this section are contingent
upon the construction of the sewer plant in conformance with the
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, ' 1pLans and specific d ions to the satisfaction ? o the City and upon
0, approval and certification of the plant by the State Regional
Water Quality Control Board or any other federal, state or local
agency with jurisdiction to approve, permit or certify the plant.
Acceptance may be made in two phases as provided in Section 6
herein.
C. Inspection: City may provide a project inspector or
qualified operator to act as inspector of the project. City shall
have the right to conduct periodic inspections during constructior
and prior to its acceptance of the plant. Developer shall allow
access to the plant and all premises whereon construction is occur
for the purpose of these inspections. The inspections defined in
this section are in addition to any other required inspections.
D. Cooperation: City agrees not to unreasonably withhold
any necessary local permits required by Developer for the project
any part thereof. City also agrees to use its best efforts to
assist Developer in obtaining any certification, approval or permi
required by this agreement: in establishing a reasonably feasible
and economic alignment for the fail-safe line utilizing, when
feasible, existing public rights-of-way; and in obtaining, main-
taining, preserving or confirming connection rights to the ocean
outfall sufficient to dispose of the full treatment capacity of tk
project .
SECTION 5: RESERVATION OF CAPACITY
A. Reservation for Developer: Upon acceptance of this
sewage treatment and wastewater reclamation facility, all rights
to sewer capacity shall vest in City. City shall reserve for the
sole and exclusive use of Developer 41.77 percent of whatever
capacity is approved by the State Regional Water Quality Control
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of this agreement. Capacity reserved for Developer shall not be
used for any development other than Calavera Hills.
shall, however, be subject to the provisions of Section 5.B. of
this agreement.
City may allocate such capacity consistently with Section
Developer
B. Developer subject to growth limitations: Developer
shall be subject to any existing or future zoning, building or
other laws established or adopted by City to regulate the locatio
quality, quantity, pace or other aspects of development in City.
Developer shall also be subject to all General Plan requirements
the City including any proposals adopted to implement any element
of the General Plan and to the Lake Calavera Hills Master Plan
conditions.
0 C. Discretionary approvals and building permits: Discreti
approvals for Calavera Hills and the issuance of building permits
for structures to be served by the project shall be governed by a
existing or future City ordinances regarding the issuance of such
approvals or permits. Developer agrees that no structures con-
structed pursuant to building permits issued as authorized by thi
section, or no individual lots created by discretionary approvals
if any, shall be transferred or conveyed in any manner, including
but not limited to sale or lease, or occupied until the project h
been certified as operable by the Regional Water Quality Control
Board and accepted by the City. If a final map is approved,
Developer may transfer or convey that land described in approved
Tentative Map No. CT 76-12, as approved by the City Council in
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) Resolution No. 5145, to a single transferee, provided that such la
and transferee shall be subject to Sections 6.D and 9.E of this
agreement.
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SECTION 6: PHASING
A. Permitted: If it appears to the satisfaction of the Cit
Council that Board action on the application for the water reclama
tion system will occur after certification of the treatment and
disposal system, the project may be accepted in no more than two
phases as provided in this section.
B. Phase I: Phase I shall consist of the following items:
1. Construction of the proposed sewage treatment and
wastewater reclamation facility as substantially shown on Precise
Development Plan Exhibits G (except for that portion describing
the water reclamation system), A-1, B, D and F-4 of Resolution
No. 5871 of the City Council of the City of Carlsbad as may be
amended, of sufficient capacity to fully treat 1.2 MGD of sewage,
including but not limited to the complete treatment plant, force
mains, mechanical fail-safe protection, excess effluent disposal
pipeline with pumps and other appurtenance necessary to connect
to and dispose of 1.2 MGD of sewage through the ocean outfall 6f
the Encina Water Pollution Control Facility, and any other
appurtenance necessary for operation of the plant;
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2. Construction of the reversible force main as specif
in Condition No. 4 of the Precise Development Plan:
3. Acquisition of the easement to Tamarack Avenue as
described in Condition No. 11 of the Precise Development Plan:
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4. Certification by the State Regional Water Quality
Control Board of the plant with discharge rights of at least 1.2
MGD of secondarily treated effluent to the ocean outfall.
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C. PHASE 11: Phase I1 shall consist of the reclamation syst
as described in Exhibit G of the Precise Development Plan as
approved by Resolution No. 5871 of the City Council or any sub-
sequent amendments thereto, or as required by the Board. If the
project is built in phases, construction on Phase I1 shall be
completed not later than two years after City acceptance of
Phase I and its certification as operable by the State Regional
Water Quality Control Board, unless such time is extended by
the City Council on a showing of good cause.
D. Discretionary approvals and building permits: Subject
to the limitations of Section 5.C. of this agreement, if the
project is built in phases, discretionary approvals may be process
except that no building permits may be issued until Phase I is
certified by the Board and accepted by the City, valid sewer
permits have been issued and Developer has provided City with a
surety bond, instrument of credit, or other security in favor of
City and acceptable to City guaranteeing the Developer's performan
of obligations and completion of work on Phase 11. Such security
bond shall remain in effect until the certification of Phase I1 by
the Board and acceptance of Phase I1 by City.
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SECTION 7: mIMBURSEMENT
A. Calculation of Amount: City agrees to collect a fee
as provided in this section so that Developer may be reimbursed 0
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‘1 for certain costs of oversizing the project; that is, the actua
cost to build Phase I of the project, minus the estimated cost to
build a sewage treatment facility and all necessary appurtenances
including a fail-safe line of capacity sufficient to serve the
projected total build out of Lake Calavera Hills alone as if no
other project were being built, plus 58.23 percent of the actual
cost to build Phase 11, regardless of whether the project is buil
in phases.
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City and Developer agree that, for the purposes of this
section, a project of capacity to treat and dispose of .5 MGD of
sewage is deemed sufficient to serve Lake Calavera Hills alone.
A.l Calculation if project built in phases: If the
project is built and accepted in phases, the reimbursement amount
for the period after completion and acceptance of Phase I, but
before completion and acceptance of Phase 11, shall be equal to t
actual cost to build Phase I, minus the estimated cost to build a
sewage treatment facility and all the necessary appurtenances of
capacity sufficient to serve the projected total build out of Lak
Calavera Hills alone, plus 58.23 percent of the estimated cost tc
build Phase 11.
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B. Definition of cost:
B.1. Cost Estimate. No later than the time of submissi
of the plans and specifications, Developer shall submit a detail€
itemized cost estimate for the project and a detailed itemized cc
estimate for a sewage treatment facility and all necessary appur-
tenances including a fail-safe line, of capacity sufficient to
serve the projected total build out of Calavera Hills alone as il
no other project were being built. If the project is to be
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constructed in phases, Developer shall also submit a detailed
itemized cost estimate of the construction of each phase of the
project. City shall act upon the cost estimates no later than
thirty days after submission of such estimates in a complete and
approvable form. Upon approval of such estimates by the City, th
shall be attached to this agreement as Exhibit C and shall become
part hereof. Developer, at its option, may terminate this ageerne
if it does not agree with City's determination under this sectior
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B.2. Actual cost to build the project. Actual cost to
build the project, or either phase thereof, shall mean the sum
total dollar cost of actual expenditures for construction of the
project, including but not limited to labor, materials, plan chec
engineering, surveying, design, interest during the construction
period of the project on borrowed funds necessary for the actual
construction of the project, fees for applicable permits, costs
attributable to land, right-of-way or other interests in real
property necessary for the project not to exceed the fair market
value at the time of acquisition or acceptance of the project,
whichever is less, and other costs necessary for the constructiol
of the project in a good workmanlike manner in accordance with t!
plans and specifications, but not including any preliminary rep0
studies, attorney's fees or other such charges. Actual cost to
build the project shall be documented to the satisfaction of the
City and shall be approved by the City Council.
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B.3. Cost limitation. The actual cost to build the project
and the actual cost to build Phase I or Phase I1 shall not excee
the estimates as approved pursuant to Section 7.B.1. above. Any
difference between actual costs and the estimates shall be
absorbed by Developer and shall be disregarded for purposes of
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’ determining reimbursement.
B.4. Risk of development prior to approval on Developer.
City shall have no obligation to reimburse Developer until the cos
estimates required by Section 7.B.1 are approved by City. Develop1
shall bear the full risk of any loss occasioned to Developer becau
it commenced construction prior to approval of the estimates.
Developer shall receive no reimbursement and shall have no recours
against the City for any loss occasioned to Developer because the
estimates were not approved or the agreement was otherwise termina
by Developer prior to completion and acceptance of the project by
the City.
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C. Cost monitoring: In addition to the rights stated elsew
in this agreement, City shall have the right to monitor all costs
for the project. Developer shall provide City with all receipts,
invoices, bills or other information requested by City to aid in
the cost monitoring.
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D. Collection of reimbursement fee: City agrees to collect
a fee for each connection to the plant other than Calavera Hills
as a condition of permitting connection to the sewer plant, subjec
to the limitations provided below.
Subsection E( of this section, no sewer connection fee shall be
charged to units in Calavera Hills.
reimbursement except from the collection of these fees.
Except as provided in
Developer shall receive no
E. Calculation of amount of fee: City shall set the
fee by dividing the amount to be reimbursed as determined by
Subsection A of this section by the total projected number of
units which will use capacity in the plant other than Calavera
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e Hills. City and Developer agree that the projected number of
units, other than Calavera Hills, which will use capacity in the
project is 3,645 EDU's. This figure may be adjusted by City as
necessary to accommodate changes in City's land use policies.
Developer may request City to take the action necessary to revise
the reimbursement fee if the figure is significantly reduced. Upon
such request, City may, in the reasonable exercise of its discretic
adjust the fee or not adjust the fee. This projected number of
units is based on calculations shown in Exhibit D of this agreement
F. Switchovers: Notwithstanding Subsection D of this sectic
City may connect units presently serviced by the Encina Sewage Trei
ment Plant to the project without obligation to collect a reimbursc
ment fee. However, upon allocation to new construction in the Cit]
of capacity in Encina which became available from a switchover
connection, City agrees to collect a fee as provided in this sectic
as a condition of such allocation.
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G. Delivery of fees collected to Developer: City shall
periodically deliver to Developer as reimbursement 95 percent
of their reimbursement fees collected as they are from time to
time collected. City will retain 5 percent of the amount
collected as compensation for the expense of administration
of this agreement. If the project is built in two phases,
City shall deliver to Developer only that amount attributable
to Phase I. Amounts attributable to Phase I1 shall be
retained by City until the completion and acceptance of Phase I1
at which time the retained funds shall be paid over to 0 -19-
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0 Developer. If Phase I1 is not completed within the time stated
in Section 6 of this agreement, or any extension pursuant thereto,
the funds retained shall become the property of the City and any
right, title or interest Developer may have in those funds shall
cease. Such funds shall be applied by City to completion of
Phase I1 or if such application is deemed by the City Council to
be not feasible, the funds shall be deposited in the Joint Sewer
Construction Fund.
H. Waiver of reimbursement fee: Developer may waive
reimbursement for any unit using capacity in the plant. Such
waiver shall be made by letter to the City. No reimbursement
fee shall be collected on connections for which a waiver has
been made.
I. Article XIIIA risk: Developer recognizes that the
City’s right to collect fees and its right to reimbursement
from those fees may be subject to the provisions of Article
XIIIA of the California Constitution. If it is determined
by a court of competent jurisdiction that the fees levied
pursuant to this agreement or other fees of similar charac-
teristics are subject to Article XIIIA of the California
Constitution, City and Developer shall in coordination use
their best efforts to provide for collection of the fee in
conformance with Article XIIIA. If it is determined that
fees cannot be collected under this agreement because of
the provisions of Article XIIIA, Developer shall receive no
other compensation or reimbursement hereunder. Any attorney
fees or other costs expended in the determination of whether
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@ ' the fees are governed by the provisions of Article XIIIA shall
not be reimbursed to Developer.
J. Claim or dispute: In the event of a claim or a
dispute over the City's rights to collect the reimbursement
charge hereby established, or to withhold the water or sewer
service to any property pending receipt of said reimbursement
charge, Developer shall have the option to (1) waive such
reimbursement charge or (2) assume all obligations and liability
and hold City harmless from any loss, cost or expense, including
judgments and attorneys' fees arising from the City's attempt
to collect said disputed charges. City agrees to use due
diligence to preserve and maintain Developer's reimbursement
benefits and exercise good faith with respect to Developer's
interest in the event of a dispute. If it is determined by
a court of competent jurisdiction that the disputed claim
or charge shall not be paid, then Developer shall not receive
reimbursement therefor and any amounts paid to Developer on
account of collection of the disputed fee shall be refunded
to City.
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K. Service and facility fee: City reserves the right
to levy a fee on each connection to the plant in an amount
sufficient to pay for the cost of any capital improvement
including, but not limited to sewers, drains, pumps or other
appurtenances necessary to provide sewer service. Such
fee shall be in addition to any reimbursement fee, but may
be levied at the same time. City may also levy a periodic 0 -21-
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1 ' \r . service charge on each connection to the plant to pay for
costs of continued service, maintenance and operation.
Developer or his successors or assigns shall pay upon
connection to the plant the fees or charges described in this
paragraph, but shall not pay a reimbursement fee, unless the
number of units connected to the plant results in utilization
of capacity in excess of 41.77 percent of the total plant
capacity.
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SECTION 8: GENERAL CONSTRUCTION
A. Preparation of plans and specification--change orders:
Developer shall prepare at Developer's cost and expense all plans
and specifications necessary for construction of the project.
Said plans and specifications shall be approved by City's
Public borks Administrator prior to the commencement of any
work on the project except for grading approved by the Public
Works Administrator. City shall act within thirty days after
submission of completed plans and specifications. All work
shall be done in conformance with the approved plans and
specifications, unless prior written authorization from the
City's Public Florks Administrator is secured by Developer.
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B. Right to approve contractor: City shall have the
right to approve all contractors or subcontractors performing
any work on the project.
days after submission. Written approval of the Public Works
Administrator shall be deemed approval of the City.
City shall act within ten working
C. Right to approve equipment: City shall have the
right to approve all equipment, material, or goods used in
construction of the project. City shall act within ten 0
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. working days after submission of the final plans and specifi-
cations. Written approval of the Public Works Administrator
shall be deemed approval of the City.
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D. Developer to maintain insurance: Developer or its
contractors shall maintain in force during the full period of
construction pursuant to this agreement a full comprehensive
public liability and property damage insurance policy insuring
against any and all claims for injuries or death of persons or
damage to property occurring in, upon, or about the property
subject to this agreement. The proposed insurance contract shall
be submitted to City for its approval prior to initiation of
insurance coverage. The insurance contract shall have limits
of not less than $1,000,000.00 single limit coverage and City
shall be listed as an additional named insured. Prior to
commencement of actual construction, Developer shall submit
a certificate of the insurance to City which shall provide for
at least forty-five days notice of cancellation or modification
of coverage or limits. Developer or its contractors shall
also maintain any bonds or insurance required by law, including
Worker's Compensation, and City shall be listed as an additional
named insured.
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SECTION 9: MISCELLANEOUS P ROVI S IONS
A. Indemnity of City: Developer shall indernify, assume
the defense of, and hold free and harmless, City, its officers,
agents, employees and any engineer, architect or other consultant
utilized by City on the project from any and all obligations,
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liabilities, liens, claims, demands, losses, damages and
expenses, of whatever type or nature, including, but not
limited to, attorneys' fees and all litigation costs arising
out of Developer's design or construction of the proposed
facilities or any other act or omission to act by Developer,
its agents, servants, employees, invitees, or independent
contractors which are required by this agreement.
e*
Notwithstanding the foregoing, the indemnity agreement
created by this section shall not indemnify the City, its
officers, agents or employees against any liability arising
from the negligence or willful misconduct of City, its officers,
directors, agents, employees or independent contractors.
B. Developer not agent of City: Neither Developer nor
any of Developer's agents or contractors are or shall be
considered to be agents of City in connection with the per-
formance of Developer's obligations under this agreement.
Q
C. Records: City will maintain complete records of
all connection fees received. Such records shall be open
to Developer upon reasonable notice to City.
D. Payments on notices: All notices, demands and
requests, which may be or are required to be given or made by
either party to the other party, shal-1 be in writing. All
notices, demands and requests by Developer to City shall be
sent by United States registered mail, postage prepaid,
addressed to City as follows:
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1,
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City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
0.
All notices, demands, requests and payments by City to Developer
shall be sent by United States registered mail, postage prepaid,
addressed to Developer as follows:
Lake Calavera Hills Associates
3088 Pi0 Pic0 Avenue, Suite D Carlsbad, California 92008
Attn : Roy J. Ward
or to such other addressee and to such other place as Developer
may from time to time designate in written notice to City.
E. Successors and assigns: The covenants and agreements
contained in this agreement will be binding upon and inure
to the benefit of City and its successors and assigns, and
Developer and its successors and assigns; provided, however,
Developer shall not convey, assign or otherwise transfer its
rights or obligations hereunder without the prior written
consent of the City.
0
Developer shall not assign the right to receive reimburse-
ment pursuant to the provisions of this agreement without
prior written approval of City.
limit the assignments so as not to be required to make
payments to multiple assignees under circumstances which may
create an administrative burden for City. Developer may
grant a security interest in or pledge the rights of Developer
to receive reimbursement hereunder to institutional lenders
for the purpose of securing obligations of Developer to such
City reserves the right to
lenders.
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If prior to the completion of the project Developer conveys
any land located within Calavera Hills to any person, such conveyan
shall expressly include a provision that the grantee shall assume
a proportionate share of Developer's obligations under this
agreement.
grant.
Said provision shall be approved by City prior to the
This agreement shall be recorded in the County Recorders
Office and a notation of the fact of this agreement and its
restrictions shall be noted on any final map for any property in
Calavera Hills.
F. Arbitration of disputes: Any controversy or claim
between the parties to this agreement, including but not
limited to any claims, disputes, demands, differences, contro-
versies, or misunderstandings arising under, out of, or in
relation to this agreement, or any alleged breach of this agree-
ment, shall be submitted to and determined by arbitration in
accordance with the California Arbitration provisions contained in
Code of Civil Procedure Section 1280 et seq., as amended from time
to time, except as to those determinations under this agreement
made in the sole discretion of the City or its Council.
Subject to the provisions of Code of Civil Procedure
0
Section 1296, the arbitrator or arbitrators shall determine
the rights of the parties in accordance with the law and the
award shall be subject to review as to the arbitrator's
application of the law by any court having jurisdiction of
the matter, whether or not any mistake of the law shall appear
upon the face of the award. As to all questions of fact,
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e. however, the determination of the arbitrator or arbitrators
shall be binding upon all parties and shall be deemed final
and conclusive. Each party shall be entitled to written
findings of fact and conclusions of law as to all issues
determined by the award.
the award granted by the arbitrator shall be binding upon all
parties to the arbitration and judgment upon the award
rendered by the arbitrator or arbitrators may be entered in
any court having jurisdiction over the matter.
Subject to the above limitations,
G. Notice of taxable possessory interest: If this
agreement results in the creation of a possessory interest,
and such possessory interest is vested in a private party in
this document, the private party may be subjected to the
payment of personal property taxes levied on such interest. e
H. Antitrust claims of Developer or Successors: By
entering into this agreement or any subcontract pursuant
to this agreement, Developer, each contractor, and each
subcontractor who performs work or who supplies goods,
services or materials in accordance with the terms of this
agreement, hereby offers and agrees to assign to City all
rights, title, and interest in and to all causes of action
it may have under federal or state antitrust laws including
but not limited to antitrust action any of them may have
under Section 4 of the Clayton Act (15 U.S.C. Section 15),
or under the Cartwright Act (Chapter 2, commencing with
Section 16700 of Part 2 of Division 7 of the Business and
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@- Professions Code) , arising from the purchases of goods, services
or materials pursuant to this agreement or any related
subcontract. This assignment is made and becomes effective
at the time City accepts the proposed facilities and land
transfer without further acknowledgment of the parties. Develope]
agrees to insure that a comparable provision is included in
all contracts or subcontracts at all tier levels which are
executed pursuant to this agreement.
I. Venue: In the event of any legal or equitable
proceeding to enforce the terms or conditions of this agree-
ment, the parties agree that venue shall lie only in the
federal or state courts in or nearest to the North County
Judicial District, County of San Diego, State of California. e J. Modification: This agreeaent may not be altered
in whole or in part except by modification in writing, executed
by both parties to this agreement.
K. Attorneys' fees: In the event any arbitration
proceeding, administrative proceeding or litigation in
law or in equity, including any action for declaratory relief,
is brought to enforce or interpret the provisions or performance
of this agreement, the prevailing party or parties shall be
entitled to an award of reasonable attorneys' fees and
costs associated with the proceeding as determined by the
court, the presiding officer, or the arbitrator authorized
to make a determination of the issues in addition to any
other relief to which the prevailing party may be entitled. 0 -28-
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If either party to this agreement becomes a party to
litigation, an administrative proceeding or arbitration
concerning the enforcement or interpretation of the provisions
of this agreement or the performance of this agreement by
reason of any act or omission of the other party,its agents,
employees, officers, directors, or any other representative
of the other party, and not by any act or omission of the
party that becomes a party to that proceeding or its
authorized representatives, the party that causes the other
party to become involved in the proceedings shall be liable
to that party for reasonable attorneys' fees and costs of
the proceeding incurred by that party.
able attorneys' fees and all costs shall be determined as
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The award of reason-
0 provided above.
In the event opposing parties have each prevailed on
one or more causes of action actually contested or admitted
by pleadings, discovery or prehearing documents on file,
the arbitrator or presiding officer may offset such fees
and costs between prevailing parties after considering the
necessity of the proceeding and the importance of the issue
or issues upon which each party has prevailed.
L. Right of City to inspect: Both parties to this
agreement understand that City intends to approve, or inspect
and approve, all phases of design and construction of the
proposed facilities. Developer shall supply City with
such information as City deems necessary from time to time
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0. in City's sole discretion to properly review all design and
construction phases of the contract and to provide City with the
opportunity to inspect the proposed facilities from time to time
upon request.
M. IEtegrated agreement: The reimbursement provisions for
payments to Developer by the City (which is conditioned on City's
receipt of connection fees as a source of funds for payment) is
severable. Except for that severable provision, this agreement i
an integrated agreement and in the event any provision of this
agreement is held to be invalid, void or unenforceable for any
reason so as to defeat the objectives that either party seeks to
attain pursuant to this agreement, the entire agreement shall be
null and void. 0 N. Section headings and interpretation: All clauses
contained in this agreement shall be interpreted in a manner
which renders them valid under applicable provisions of state
or federal law to the maximum feasible extent. By Resolution
No. 5871 the City Council, of City, approved a Precise Developmer
Plan for the development of the sewage treatment facility and
all necessary appurtenances.
Development Plan as adopted by Resolution No. 5871, and any amenc
rnents to said Plan, shall prevail over any inconsistent
provisions of this agreement.
The provisions of the Precise
The headings of sections herein are used for convenience on1
and shall not affect the meaning or the contents thereof.
0. Approval by City: Except as otherwise expressly provic
herein, approval by City shall mean written approval by the City
Manager.
o
-30-
f * .’ e e i
P. Risk of loss: Prior to acceptance of the project, the
risk of loss shall be on Developer. If the project is built in
phases, the risk of loss for Phase I shall pass to City after
acceptance, but the risk of loss for Phase I1 shall remain on
Developer until acceptance of Phase 11.
0.
Q. Participation in future works: If at any time before
expiration of the warranty period detailed in Section 2.D above,
City is required by the Regional Water Quality Control Board,
or any other state or federal agency, to install additional
treatment works, disposal systems or reclamation facilities
in order to ensure continued certification and ability to treat
dispose and reclaim up to 1.2 MGD of sewage, Developer agrees, on
behalf of himself and his successors or assigns, to pay 41.77
percent of the cost of such works or systems. If such works or
systems are required after such warranty period expires, Develope]
agrees, on behalf of himself and his successors or assigns, to no1
oppose an assessment district formed to finance such works, and
that City may collect a fee to finance such required works or
systems levied on all units to be constructed thereafter which
will be served by the plant, including units in Calavera Hills.
The provisions of this section shall be in addition to any warran-
or guarantee required by this agreement.
0
R. Amendment of Precise Development Plan: The parties
recognize the City is considering the amendment of the Precise
Development Plan as approved by the City Council in Resolution
No. 5871, because of certain proposed changes on the design of thc
project as reflected in this agreement. A copy of a revised Prec 0
-31-
I '3 0 e f
c
Development Plan, including Exhibit G thereof, is attached as
Exhibit E of this agreement and is incorporated by reference.
If approved, Developer agrees to be bound by Exhibit E, or any
other amendments to the Precise Development Plan as approved in
Resolution No. 5871, in the performance of any obligations or
assertion of any rights under this agreement.
0.
IN WITNESS WHEREOF, the parties have executed this agreement
in duplicate as of the day and year above written.
ATTEST : CITY OF CARLSBAD, a municipal
corporation of the State of
LAKE CALAVERA WILLS ASSOCIATES,
A California partnership
BY
BY
r.
8
APPROVED AS TO FORM:
Assistant City Attorney
0
-32-
8 TO 449 C ‘9 (Corporation) 3 (j {j 1 ss. STATE OF CALIFORNIA
COUNTY OF Sari Diego
December 17, 1979 before me, the undersigned, a Notary Public in and for said r :,e, personally appeared RonAld-kard
w known to me to be the-~OY--BA~ , 5 k~~g~~g~~~&~ of the corporation that executed the within Instrument, ‘ known to me to be the persons who executed the within
J Instrument on behalf of the corporation therein named, and % acknowledged to me that such corporation executed the within & instrument pursuant to its by-laws or a resolution of its board
of directors.
1
W
1-
STATE OF CALIFORNIA
0 c COUNTY OF-.San Di eqo
On ___ December 17, 1979
1 ss.
SAFE ---___ # g n6
(o
2
5 a
r) - Liio~n to me j . to he --genera1 -- --g(f/t$e partne&hf the r)artnei,hip
2 th,lt euecuted the within instrument, and ‘i( kno\*ledged to i~le that
r: >u( h partnership executed the kame
before me, the undersigned, a Notary Public in and for said Count)
and State, personally appeared--!@?!d-l -ward FOR NOTARY SEAL OR STAMP
> m. --- ---- ---__ _______ __
~~. ~__ -~ ____ ~ -__-_______
--- __- - .~ - ~ ~_._. L
i
r- 4 - I /-/ a’ JI. I/ /
a* . L. -1 L <. /k.L-:3- t7 Signaturc - --k__ ~~ _____-_ ~
m?i Carol A. Dodds
;> 6
m
0
28
yl 2
e *- L 38
c
I ‘1 x
Fi
13).
0
t , 382 1) L e e
e-
EXH1BIT"C" WILL CONSIST OF CERTAIN
COST ESTINATES PREPARED AND APPROVED
ACCORDING TO SECTION 7 OF THIS AGREEMENT.
WHEN THOSE ESTIMATES ARE PROPERLY PREPARED
AND APPROVED, THEY SHALL BE ATTACHED HERE AS EXHIBIT "c". '0
I
0
\
I ', e e
e' -383 IGMORANDUM
DATE : October 19, 1979
TO : City Manager
FROM : Planning Director Ac&
SUBJECT: CALAVERA HILLS SATELLITE TREATMENT PLANT - EDU PROJECT11
Per your request, herein are the EDU projection figures that were
developed by this department for use in the Calavera Hills Drain-
age Basin. The land use projections have been coordinated with and accepted by the consultant for Calavera Hills. The gallonage
used for an EDU was established by the Public Works Administrator
ASSUMPTIONS:
1.
-
Existing development will generate sewage at an EDU rate of
246 gpd.
New development will generate sewage at an EDU rate of 200 g]
attached exhibits) ,
_. 2.
3, Actual build-out shall not exceed the projections used (see ..
Projected Gallons/ Total Gal/ Tota: Ba! EDUs Pex EDU Development :. .
Calavera Hills = 2704 X 200 = 540,800 (41..
Switchover - - 629 X 246 = 154,734 (11.:
Approved TM's = 478 X 200 -= 95,600 ( 7.:
Remainder GP = 2518 X 200 = 503,600 (38.5
Total Gallons/Basin 1,294,734
MZ
B
0-
~~~~~~~~ D
384 e
e
POTENTIAL SWITCHOVER APPROVED PROJECTS
Royal Homes ......,.. 68 edu's Chestnut Hills...,. .,108
El Camino Mesa.,.,... 68 edu's Quail Ridge ..,....... 234
Woodbine...,.,,,,.,.,l48 edu's Palisades........,,..l36
Tota1..,...,478 Meadows..,..,...,.,,. 90 edu's
Palisades.,...,.,.,,.119 edu's
Chestnut Hills.,.,.,.136 edu's
Tota1..,,.,.629 edu's
-
-
GENERAL PLAN LAND USES IN REMAINDER
1.
LAND USE ACRES MAX. EDU's PROJECTED EDU'
330 495 0 (Sepl Tootsie K
RL(0-1.5) Kelly Mt,
Robertson, Kelly, 1113" 4452 238'6 **
RLM(0-4) Sunny Creek Road
I.
. 3 Elementary Schools 30 30 30
1 Junior High School 20 20 20
1 High School 40 40 40
Open Space 420 42 42
TOTAL 2518
I
. * 1360 gross acres - 247 acres undevelopable = 1113 net acres
\ ** Acres x -67 (percentage of buildable land less area for stree.
x 3.2 (average build-out density) = Projected EDU's
0.
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ejch vi:kqz I thz ;~:p~~Lc:hk+ ;<c~?~<.YI<J SIZF:?ITA% I n?zcsi?n:n,hinh:n c?.wlli
units ill :LC ~4, qxo:;s acrcqa a?jd ql?c?lr s;xrce C~CJXXJ~. 7% tAAc aXso
devc:l.cip:xt .c;;tcm&rrds hi: CZ.~] I vj.ll.qs.
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788
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L FD-J.1-Q T~XI~OUSC or Flat; 220 154 22 4 2,10,1
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I s Financing and Re a ment Agreement ',
.*
0- LAKE CALAVERA HILLS
PRECISE DEVELOPMENT PLAN
REVISED CONDITIONS
GENERAL
1. Development of the site shall occur substantially as shown
on Exhibit "G", dated December 11, 1979, attached hereto,
and as shown on Exhibits A-1, B, D and F-1, dated April 11,
1979, for the wastewater treatment plant; and Exhibits
A-2 and E, dated April 11, 1979, for the percolation ponds;
except for modifications and necessary back-up systems not
affecting the plant's operational efficiency that are approved by the Public Works Administrator.
In addition to the approval of the development indicated in the exhibits noted above, all other requirements and appurtenances as listed in this approval shall be indicated on the final Precise Development Plan.
2.
TREATMENT PLANT a 3. The proposed treatment plant shall be constructed in one
phase as a 1.2 MGD capacity plant with a "fail-safe" excess effluent disposal line to the ocean outfall at the Encina Water Pollution Control Facility, and all other appurtenances
necessary to operate the treatment plant at its fully rated capacity of 1.2 MGD.
to the Encina line at El Camino Real shall be constructed
as part of this project.
4. A reversible force main connecting the treatment facilities
RE C LAMAT I ON
5. All wells, pumps, check dams and other appurtenances necessary to reclaim water from the recharge basin, which basin is described in Exhibit E, shall be constructed as part of this project. Plans for the water reclamation system shall be submitted to and approved by the City Engineer and by the Planning Commission prior to commencement of any grad- ing, construction, or the placing of any equipment for the project.
6. All effluent from the treatment plant shall be reclaimed and utilized for replacement of existing or planned potable
water (Type I). The amount of sewer capacity allocated to
future developments shall be limited to the amount of
reclaimed water that can be guaranteed for use by the appli-
cant of such development or otherwise guaranteed to the satisfaction of the City Council.
0
I a m sf;%.4 e
@ 'Revised Conditions Page 2
7. All proposed users of the treatment plant shall prepare and provide a plan acceptable to the City establishing and guaranteeing a method to utilize any reclaimed water prior to any approval of their project. The reclaimed
water may not be applied to native vegetation or areas
where there are no existing or planned potable water uses.
As a guide for determining the acreage of land necessary
to utilize the reclaimed water, the ratio of gallons of water to acres of land should be as follows:
3,000 gallons to one acre of agricultural land, or 800 gallons to one acre of landscaped land
per day.
This ratio may be adjusted by the Planning Director to accommodate particular locations, soil types and plants.
8. Any plan required by Condition No. 7 shall be submitted
to the Planning Director for approval. Approval of the
plan by the Planning Director shall constitute acceptance
of the plan by the City.
Director shall give primary consideration to systems where
the land using the reclaimed water is either near the recharge basin or served by gravity flow from the water
reclamation system, in order to conserve energy required for pumping. Approval by the City shall not constitute a claim to or a guarantee for availability of reclaimed water. This condition and Conditions 6 and 7 shall be modified as necessary to accommodate such City plan for the use of reclaimed water as the Council may adopt.
In approving the plan, the Planning
0
9. The applicant shall be responsible for construction of a fail-safe effluent disposal system sufficient to serve and consistent with the 1.2 MGD design capacity of the treatment plant. The applicant shall also be responsible for construction of additional treatment as may be required to meet State and County Health Department requirements
as well as those of the Regional Water Quality Control
Board, and of mains, wells, pumps, check dams, and all other
appurtenances necessary to reclaim water from the treatment of 1.2 MGD of sewage.
The applicant shall be responsible for construction and
implementation of the complete Sewage treatment and water reclamation facilities. Plans for the reclamation facilities
shall be approved by the Planning Commission by a conditional use permit prior to any grading, construction or placing
of any equipment for the project. Construction of the project 0
I
1 * 0
0 . Revised Conditions Page 3
shall be completed within a reasonable time as specified in
the Master Reimbursement Agreement.
The applicant shall be responsible for the acquisition of
land, easements, or other rights necessary for the construc- tion required by this condition. In the event the applicant cannot acquire same after the exercise of due diligence, the City shall have the option of acquiring the same through
its power of eminent domain, after due satisfaction of all
legal requirements, including environmental review and
public hearings, if required. In such event, the applicant
shall be responsible for the direct expense of environmental
and planning review, retention of special counsel to prosecute
the condemnation action or actions, and payment of any
required compensation to property owners. Acquisition must
be reasonably certain, to the satisfaction of the City,
prior to their acceptance of any portion of the plant.
10. Any additional appurtenances necessary for reclamation, storage, or use of the plant effluent, but not included for approval in this application, shall be subject to Planning
Commission review and approval. At the time of review the
Planning Commission shall determine if such appurtenances
will have a significant adverse effect on surrounding property.
If it is determined that the appurtenances may have a signifi-
cant adverse effect, a conditional use permit shall be requirec Such conditional use permit shall contain conditions sufficient to mitigate any such potential significant adverse effect.
0
11. The applicant shall be financially responsible for and shall
make all reasonable efforts to acquire and provide a thirty
foot wide access way from Tamarack Avenue to the treatment facility, with necessary easement rights to accommodate the reversible force main required by Condition 4 hereof.
In the event applicant cannot acquire same after the exercise
of due diligence, the City shall have the option to acquire the same through its power of eminent domain, after due satisfaction of all legal requirements, including environ- mental review and public hearings, if required. In such event, the applicant shall be responsible for the direct expense of environmental and planning review, retention of special counsel to prosecute the condemnation action or actions, and payment of any required compensation to property owners. Acquisition must be reasonably certain, to the satisfaction of the City, prior to any grading, construction or placing of any equipment for the project.
e
e 395 @
el
0 kevised Conditions Page 4
ADMINISTRATION
12. Upon completion of construction and such inspection and testing as required by City, the site, and all structures
and appurtenances for the treatment facilities, fail-safe
effluent disposal system, recharge basin as shown on approved exhibits, the thirty foot wide access way from Tamarack Avenue to the treatment facility, and all other appurtenances approved by and pursuant to this approval shall be offered for dedication to the City of Carlsbad, free and clear of liens and encumbrances.
The applicant shall be responsible for the payment of all
costs of construction of the facilities as approved.
Applicant may be reimbursed for certain costs expended in
construction of the treatment facility with more capacity
than necessary to serve Lake Calavera Hills alone. City and applicant shall enter into a Master Reimbursement
Agreement to provide for such reimbursement and to implement the requirements of this Precise Development Plan. This agreement must be completed and accepted by the City Council before any application for discretionary approval may be
submitted or accepted on any project in the drainage basin,
except projects already approved or in the process of acquir-
ing discretionary approval. If no agreement is reached within
one year from the date of approval of this Precise Develop-
ment Plan, all rights and approvals provided to applicant
by this plan shall terminate and this plan shall no longer
have any force or effect.
14. Upon acceptance of the treatment facility, ownership shall
vest in the City. Provided, however, that applicant, in
consideration of its initiation and financing of this
facility, shall have reserved for it such capacity as may be
provided in the Master Reimbursement Agreement. Except as
provided herein, or as otherwise authorized by law, applicant shall be subject to all existing or future ordinances regarding sewer allocation, permit issuance, or acceptance or approval of applications for discretionary approvals.
or other property rights necessary for operation and main- tenance of the percolation ponds, excess effluent disposal
line, and necessary appurtenances which have not previously been vested in City pursuant to Conditions 9, 10 and 11 herein shall be granted to the City by applicant free and clear
of liens and encumbrances.
13.
0
15. If the City agrees to accept the facility, access easements
0
iY J 7
1. 1 .' (I) a36
Page 5 Revised Conditions a-
16. The applicant shall provide such easements over its own property as determined by the City Council to be necessary
to accommodate sewer service and reclamation for the other
properties in the drainage basin.
also be made a condition of applicant's Master Plan.
The applicant shall include in its master CC&R's for the entire project and in the subdivision public reports for
each phase a detailed description of the facility, its
proximity to dwelling units, and the potential for adverse
impact. The CC&R's shall provide that the property owners
and their successors in interest covenant not to object to or take any action, directly or indirectly, in opposition
to the location of the facility nor its continued operation,
except to the extent that such objections and/or action in furtherance thereof relate to the negligence or willful
misconduct of the persons or entities then operating the
facility.
water softeners shall be placed on all development permitted to use this waste water treatment facility. The Lake Calavei
Hills development shall contain such prohibition in the
This condition shall
17.
18. A condition that prohibits the use of self-regenerating
0 CC&R' s.
19. The applicant shall submit and process a parcel map creating separate lots for the treatment plant and recharge basins,
20. The Lake Calavera Hills Master Plan (MP-l50(A)) shall be amended as required by the approval of the zone change and
Precise Development Plan.
The applicant shall secure easement rights for the City prohibiting the location of any habitable building within one hundred yards from the outside edge of the service road or structure and equipment, whichever is nearer to habitable
buildings as indicated on Exhibit A-l. Tentative Map 76-12 and PUD-4 shall be amended if necessary showing such ease- ment prior to final map and final PUD.
To insure that the project will be designed with adequate
safety margins, a design study for the facility shall be
submitted by Lake Calavera Hills Associates to the Public
Works Administrator or his designee and shall include the following special studies: foundation, seismic safety, expansive soil, soil stability, and special engineering
requirements.
21.
22.
0
@ 397 e Page 6 22vised Conditions ,: '.
@ c 23. Grading plans for all facilities shall be approved by the
Public Works Administrator or his designee, prior to
issuance of building permits. Such plans shall include provisions to limit grading, cut and fill and excavation to the minimum areas necessary to prepare construction
pads and excavate for treatment, transport and disposal facilities,
24, Drainage facilities adjacent to the treatment plant and
percolation ponds shall be designed to accommodate a
one hundred year flood and protect the treatment plant
and percolation ponds. These facilities shall be constructed concurrently with grading activity.
Surfaces shall be graded to direct runoff toward designed
drainage facilities and away from any cut and fill slopes.
Land shall not be cleared of vegetation except immediately
before grading, and grading should take place only during the dry season (April 16 to October 31).
25.
26.
27. All graded slopes shall. be stablized for erosion control
immediately following grading by the developer.
Landscape and irrigation plans shall be submitted for
the approval of the Planning Director. shall be designed to screen the treatment faciliti.es 7
recharge basins from surrounding properties. Plans
shall include fast growing, tall trees as well as a combination of shrubs and ground cover. Plants shall be drought tolerant, fire retardant where necessary and
easily maintained, shall be fully installed prior to the City accepting the facilities.
28. The landscaping a
The approved landscaping and irrigation
29. Natural vegetation and existing Eucalyptus trees shall be
retained wherever possible.
30. All pumps, generators and other noise producing mechanisms shall be placed underground and/or shielded in such a manner
to reduce noise attributed to the facility to a maximum of fifty-five dba at property line of all facilities.
31. The applicant shall submit an archaeological investigation for the approval of the Planning Director that indicates the
location of any archaeological resources that could be
affected by the construction of the treatment facility,
recharge basins, effluent line and any accessory pumps,
access roads, wellso etc. The final Precise Development
Plans shall include means to mitigate any potential impacts
noted in this investigation. e
e 38 T Page 7 Nvised Conditions ‘ -, b-
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32. The access way from the plant to Tamarack shall be improved
with a minimum of twenty foot wide asphalt concrete drive-
way and shall be approved by the City Engineer and Fire Chief.
33. Fire hydrants shall be installed at locations and with flow rates as approved by the Fire Chief or his designee.
percolation ponds. The location, dimension and construction of the driveway shall be to the satisfaction of the City Engineer and the Planning Director.
The equestrian trail through the treatment plant site as
shown on Exhibit A-1, dated April 11, 1979, shall be
constructed by the applicant and maintained by the Lake
Calavera Hills Homewoners Association.
the equestrian trail located between the treatment plant
and the recharge basins shall be’placed within the effluent
line easement, and shall be constructed by the applicant and maintained by the Lake Calavera Hills Homeowners
Association. The CC&R’s for Lake Calavera Eills shall contain this condition.
34. An asphalt concrete driveway shall be provided to the
\
35.
The portion of
36. Final plans for treatment facilities and recharge basins 0
shall indicate appropriate lighting to provide adequate
night time operations. Such lighting shall be designed in a manner so that nearby residences or public streets are not adversely affected. The lighting plan shall be
subject to the approval of the Planning Director.
37. The treatment facility, recharge basins and any other mechanical appurtenances shall be totally enclosed by a fence a minimum of eight feet in height and designed for
security purposes, subject to the requirements of the State Water Quality Control Board.
The applicant shall provide a method approved by the Public
Works Administrator for the disposal of. sludge created by the treatment plant.
All equipment proposed to be placed on any roof shall be screened from public view and subject to the approval of the Planning Director.
38.
39.
40, After approval, the applicant shall submit a reproducible
copy of the Precise Development Plan which incorporates all requirements of the approval to the City Manager for
signature. Prior to signing the final Precise Development e
a39 9
Page 8
a . I 1,
1. ' ?>
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*' Revised Condi-ti.ons a-
Plan, the City Manager shall determine that all applicable requirements have been incorporated into the plan and that
all conditions of approval have been satisfactorily met or otherwise guaranteed. The final signed Precise Develop- ment Plan shall be the official site layout plan for the property and shall be attached to any application for a
building permit on the subject property.
This Precise Development Plan shall be effective only
when an ordinance approving Zone Change 203 becomes
effective.
41,
0
0
I ,IC. vw December 77, 197
a : I-' , ' e '&
EXHIBIT 'IG"
LAKE CALAVERA HILLS WASTEWATER TREATMENT,
DISPOSAL, RECLAMATION AND ASSOCIATED FACILITIES
0'
The facility to be furnished to the City by Lake Calavera Hills Associates shall be a complete functional system capable of op- erating at the rate of 1,200,000 gallons per day, average daily flow, in conformance with approved plans and specifications as well as in conformance with the regulations of all applicable regulatory agencies. The facility shall include, but not be
limited to, the following, unless certain specific items are not required by the applicable regulatory agencies:
1. Land and Easements
a. Land for the treatment plant site and access road from Tamarack Avenue;
b. Non-specific easements for the pipelines from the treat- ment plant to the percolation fields;
c. Non-specific easements for the pipelines required as part of the reclamation system;
d. Land for the Buena Vista percolation field and access road ;
e. A non-specific easement for an effluent disposal fail- safe line from the treatment plant to the Encina Water
Pollution Control Facility; and
f. Land and easements as may be required for the percola- tion system (see #4 below) approved by the Regional Water Quality Control Board and by the City of Carlsbad. The reclamation system shall include, but may not be limited to, additional effluent treatment works, chlor-
ination facilities, demineralization, brine lines, wells pumps, grout curtains, force mains, underground storage and above-ground balancing reservoirs.
*
2. Treatment Plant
a. Headworks:
b. Two-600,000 gallon oxidation ditches (activated sludge-
extended aeration, 24-hour detention time) with at least two each brush-type aerators, drive motors, weirs control valves;
c. Two adequately sized clarifiers with systems capable of accepting effluent from either of the oxidation ditches
d. Aerobic sludge digestor;
a
c
7 e .s. ,- ,L i’ ”- q a
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e. Sludge thickener;
f. Chlorination contact chamber;
g. Sludge compactor;
h. Building housing auxiliary space, facility controls,
i. Pumps, force main, gravity line, booster pumps as
e*
machine shop, laboratory, office;
necessary for transportation of 1.2 million gallons
per day of treated effluent to either the reclamation system or to the Encina Water Pollution Control Fa- cility ocean outfall;
Pump station and force main to transport raw sewage
from sewer main in El Camino Real, at its intersec-
tion with Tamarack Avenue or Kelly Drive, to the
treatment plant. This sytem shall be designed to accommodate reverse flow from the treatment plant to
the sewer main in El Camino Real;
Drainage facilities as may be required to protect the
plant from a 100-year Elood; and
1. Any necessary appurtenances required to operate a 1.2
million gallons per day plant.
j.
k.
0 ..
3. Effluent Disposal
a. Pump station, force main, gravity line and booster pcmp as required to transport treated effluent to the
Encina Water Pollution Control Facility ocean outfall per #2i above.
4. Reclamation System
a. Water purification facilities satisfactory to the State
and County Health Agencies, to the Regional Water Quali-
ty Control Board and to the City of Carlsbad for the purpose of meeting reclaimed water standards and basin
objectives. Such purification facilities could consist
of:
(1) Coagulation and sedimentation, reverse osmosis and
(2)
extended chlorination; or
Such other combination of facilities approved by the regulatory agencies.
b. Percolation fields, check dams, drainage control systems and other appurtenances as may be required to operate a
spreading bed in the Buena Vista drainage shed capable of aquifer storage of a minimum of 90 days’ production
at 1.2 mi’lllon gallons per day.
*
VI -4-
-2-
c. , 'q 5, ;J Pt
PI n. i\ c. Wells, pumps, grout curtains, force ns, balancing
c reservoir and other appurtenances as may be required
to operate a system to transmit reclaimed water from
either the purification facilities or the aquifer stor- age to such distribution systems as may be approved.
* ..
*
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