HomeMy WebLinkAboutVallecitos Water District and Continental Ranch; 1998-10-10;ORIGiNAL
AGREEMENT FOR INSTALLATION, ACQUISITION,
CONVEYANCE, MAINTENANCE AND OPERATION OF IMPROVEMENTS
THIS AGREEMENT, made and entered into this 10th day of October 1998, by and
between the CITY OF CARLSBAD (hereinafter call “City”), the VALLECITOS WATER DISTRICT
(hereinafter called “District”), and CONTINENTAL RANCH, INC. (hereinafter referred to as
“Property Owner”).
WHEREAS, City is considering proceedings pursuant to the provisions of the “Municipal
Improvement Act of 1913,” being Division 12 of the Streets and Highways Code of the State of
California, for the acquisition of certain improvements, including certain sewer improvements, within
a special assessment district, and to assess the costs and expenses of such improvements against
properties benetitting from said improvements, said special assessment district known and designated
as ASSESSMENT DISTRICT NO. 96-l (RANCH0 CARRILLO) (hereinafter referred to as the
“Assessment District”);
WHEREAS, District is a public agency organized and existing under the laws of the State of
California, and is authorized and obligated to provide service to the territory and property within the
boundaries of the proposed Assessment District;
WHEREAS, Property Owner is an owner of property within the boundaries of the proposed Assessment District, and said Property Owner is constructing and installing the facilities prior to sale
of bonds for said Assessment District;
WHEREAS, the improvements to be acquired under the Assessment District include the installation
of public improvements, together with certain facilities that will be under the ownership, management
and control of District and a general description of such “facilities” is as follows:
The relocation of sewer facilities as necessary for the construction of Melrose Drive
between Palomar Airport Road and its northerly termination within the Assessment
District;
WHEREAS, City, District and Property Owner desire at this time to enter into this Agreement
pursuant to the provisions and authorization of Section 10110 of the Streets and Highways Code of the
State of California.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties as follows:
RECITALS
SECTION 1. That the above recitals are all true and correct.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
PROCEEDINGS
City shall continue to conduct proceedings for financing the acquisition of
improvements proposed for the above-referenced Assessment District, including those
facilities to be under the ownership, management and control of District, and for a full
and complete description of the facilities to be under the control, management and
ownership of District, reference is hereby made to the plans and specifications as
previously approved, all of which will be incorporated in the Engineer’s “Report” for
the above-referenced Assessment District.
PL,ANS AND SPECIFICATIONS
District shall furnish and supply, and/or approve, all plans, specifications and
drawings, as well as provide administration, supervision and inspection as necessary
and required for the construction and installation of the above referenced facilities.
PROPERTY OWNER CONSTRUCTION
In order to expedite the proceedings and to initiate the construction of the facilities,
Property Owner is constructing and installing said facilities. Upon a successful sale
of bonds, the City shall then pay to Property Owner the costs and expenses of the
facilities pursuant to the terms of that certain Acquisition/Financing Agreement by and
between Property Owner and City, which is on file and open to public inspection.
IMPROVEMENT FUND
Upon the confirmation of an assessment to pay the costs and expenses of the works
of improvement, the City shall establish a special Improvement Fund, into which shall
be deposited all payments made upon any assessment, as well as the proceeds from the
sale of bonds. This Fund shall be used exclusively for the payment of the costs and
expenses of the proceedings and to reimburse costs for the construction and installation
of the sewer facilities.
PAYMENT
All payments required to be made by City for the Assessment District shall be made
solely and exclusively from the special Improvement Fund, and City shall not be
obligated to make any such payment from any other funds or monies of said City.
This Agreement is subject to the power of the legislative body to abandon the
proceedings at any time prior to the effective date of this Agreement.
2
OWNERSHIP OF FACILITIES
SECTION 7. Upon completion of the installation of the facilities, District will own, operate and
maintain said facilities. Said facilities shall become part of the system of District and
shall thereafter be used, operated and maintained as part of said system.
AUTHORIZATION
SECTION 8. This Agreement is made pursuant to the authorization of Section 10110 of the Streets
and Highways Code of the State of California, the “Municipal Improvement Act of
1913”.
RFFECTIVE DATE OF AGREEMENT
SECTION 9. Pursuant to Section 10110 of the Streets and Highways Code, this Agreement shall
become effective after proceedings have been taken and work ordered, pursuant to the
“Municipal Improvement Act of 1913” and funds are available to carry out all of its
terms. In the event the proceedings for the formation of the special Assessment
District shall be abandoned, enjoined or held by a court of competent jurisdiction to
be illegally or improperly conducted, or if for any reason the proceedings are not
consummated, or if consummated and funds are not sufficient or available, then this
Agreement shall be terminated and any Agreement between the parties shall be
Canceled.
SECTION 10. Property Owner, its successors and assigns agree to indemnify and hold harmless the
City, the District, and their respective officers, officials, employees and volunteers
from and against all claims, damages, losses, and expenses including attorney fees
arising out of the performance of the work described herein caused by any willful
misconduct, or negligent act, or omission of the Property Owner, any contractor, any
subcontractor, anyone directly or indirectly employed by any of them, or anyone for
whose acts any of them may be liable. Property Owner, its successors and assigns also
agree to indemnify and hold harmless the District, and their respective officers,
officials, employees and volunteers from and against all claims, damages, losses, and
expenses including attorney fees arising out of this Agreement.
NOTICE
SECTION 11. Any notices authorized or required by this Agreement shall be deemed to have been
given when deposited in the United States mail, postage prepaid, addressed to the
persons below listed:
TO CITY: City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
3
TO DISTRICT: Vallecitos Water District
201 Vallecitos De Oro
San Marcos, CA 92069
TO PROPERTY OWNER: Continental Ranch, Inc.
12636 High Bluff Drive, Suite 300
San Diego, CA 92130
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first
hereinabove written.
VALLECITOS WATER DISTRICT
,
William W. Rucker
General Manager
CONTINENTAL RANCH, INC.
ITS: I/c& pee
October 21,1998
Vallecitos Water District
William W. Rucker, General Manager
201 Vallecitos De Oro
San Marcos, CA 92069
Enclosed for your records is a copy of the Carlsbad City Council Resolution No. 98-321
which was approved on October 6, 1998.
Also enclosed is a fully executed and original agreement between the City of Carlsbad
and the Vallecitos Water District for the installation, acquisition and maintenance of a
sewer line in Assessment District 96-1, Ranch0 Carrillo.
If you have any questions regarding this agreement please call Mr. Richard Allen, in the
. Carlsbad Engineering Department, at (760) 438-l 161, ext. 4389.
KATHLEEN D. SHOUP
Senior Office Specialist
1200 Carlsbad Wllage Drive l Carlsbad, California 92008-1989 l (760) 434-2808 @
October 2 I,1 998
Continental Ranch, Inc.
David A. Lother, Vice President
12636 High Bluff Drive, Suite 300
San Diego, CA 92130
Enclosed for your records is a copy of the Carlsbad City Council Resolution No. 98-321
which was approved on October 6,1998.
Also enclosed is a fully executed and original agreement between the City of Carlsbad
and the Vallecitos Water District for the installation, acquisition and maintenance of a
sewer line in Assessment District 96-1, Ranch0 Carrillo.
If you have any questions regarding this agreement please call Mr. Richard Allen, in the
Catisbad Engineering Department, at (760) 438-l 161, ext. 4389.
KATHLEEN D. SHOUP
Senior Office Specialist
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808 @