HomeMy WebLinkAbout1998-09-22; City Council; 14857; APPROVAL OF REIMBURSEMENT AGREEMENTS FOR THE CONSTRUCTION OF POTABLE WATER, RECYCLED WATER TRANSMISSION MAINS, AND DEEP SEWER PIPELINE IN POINSETTIA LANE FROM AVIARA PARKWAY TO BLACK RAIL ROAD - CMWD 89-505|CIP 3661|3662I
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CITY OF CARLSBADKARLSBAD MUNICIPAL WATEH DISTRICT -
AB# &jd% TITLE: APPROVAL OF REIMBURSEMENT
AGREEMENTS FOR THE CONSTRUCTION OF POTABLE MTG. 09122198 WATER AND RECYCLED WATER TRANSMISSION MAINS
AND DEEP SEWER PIPELINE IN POINSETTIA LANE FROM DEPT. CMWD AVIARA PARKWAY TO BLACK RAIL ROAD, CMWD
PROJECT NO. 89405, CIP PROJECT 3661,3862
RECOMMENDED ACTION: c793-09
CITY MGR.q
Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. /Ub for
approving Reimbursement Agreement with the Catellus Residential Group, Inc. for the
construction of potable water and recycled water transmission mains in Poinsettia Lane from
Aviara Parkway to Black Rail Road, CMWD Project No. 89-505, CIP Project 3661, 3662.
City of Carlsbad City Council: Adopt Resolution No. ~~~~~ for approving Reimbursement
Agreement with the Catellus Residential Group, Inc. for the construction of a deep sewer
pipeline within Poinsettia Lane and Brigantine Drive, CMWD Project No. 89-505, CIP Project
3661,3662.
ITEM EXPLANATION:
The owner/developer of the Ocean Bluff Property (CT 93-09) Catellus Residential Group,
Inc., is required to construct Poinsettia Lane from Aviara Parkway to Black Rail Road and
Brigantine Drive as a condition of approval. Within the Poinsettia Lane improvements, the
District has master planned 24-inch and 16-inch diameter potable water transmission mains,
and an 8-inch diameter recycled water distribution main having a total length of
approximately 2700-feet each. In addition, it is necessary to construct approximately I ,428-
feet of an 8-inch diameter “deep sewer” in portions of Poinsettia Lane and Brigantine Drive to
provide sewer service to adjacent property referred to as the Roesch Property. The deep
sewer is approximately 38-feet in depth which is significantly deeper than the ordinary depth
of a sewer pipeline needed for CT 93-09.
The Catellus Residential Group, Inc., has agreed to construct the pipeline improvements
described above through reimbursement agreements. The 24-inch and 16-inch diameter
potable water pipelines, and the 8-inch diameter recycled water pipeline will be reimbursed
upon completion of the work. The 8-inch deep sewer will be reimbursed upon issuance of a
grading permit for the Roesch Property. The Roesch Property will be conditioned to pay the
cost of the deep sewer. The deep sewer agreement stipulates that Catellus Residential
Group, Inc. is responsible for the cost of constructing a conventional depth sewer necessary
for the benefit of the Ocean Bluff property estimated at Thirty-six thousand Three Hundred
Seventy-Seven Dollars ($36,377) which the City agrees is the reasonable estimate of the
cost to install sewer improvements solely for the benefit of the Ocean Bluff property. The
Roesch Property will pay the difference in cost to construct the “deep sewer”.
ENVIRONMENTAL REVIEW:
The Planning Director has determined that the requested actions are consistent with prior
CEQA review for the Zone 20 Program EIR 93-09 adopted by Resolution No. 3869 on
December 20, 1998 and EIR 93-09A adopted by Resolution No. 4318 on June 17, 1998,
prior environmental conditions issued by the Planning Department.
Page 2 of Agenda Bill No. & %3 7
FISCAL IMPACT:
The total cost for the work covered by the water and recycled water reimbursement
agreement is estimated to be $976,000. Funds in the amount of $976,000 are appropriated
in the Fiscal Year 1998/99 Capital Improvement Program from the water connection fee and
water replacement funds for the potable and recycled water pipelines. Following is a
summary of the project costs:
The Roesch Property only will be responsible to pay for the deep sewer.
reimbursement will be based on the cost to construct the deep sewer estimated
The total
at $69,000
less the cost of a normal depth sewer estimated at $36,377. The cost for the deep sewer will
be paid only by the developer of the Roesch property at the time of issuance of a grading
permit on the property. The developer of the Roesch Property will pay the "deep sewer" cost
to the City. The City upon receiving payment for the deep sewer will then reimburse
Catellus.
EXHIBITS:
1. Location Map for Poinsettia Lane Water Main and Recycled Water Main Improvements.
2. Location Map for Deep Sewer in Poinsettia Lane and Brigantine Drive.
3. Carlsbad Municipal Water District Board of Directors: Resolution No. for
approving Reimbursement Agreement with the Catellus Residential Group, Inc. for the
construction of potable water and recycled water transmission mains in Poinsettia Lane
from Aviara Parkway to Black Rail Road, CMWD Project No. 89-505, CIP Project 3661,
3662 and its attachment Exhibit "A", the Reimbursement Agreement.
4. City of Carlsbad City Council: Resolution No. 7fm3/5 and its attachment, Exhibit "A",
for approving Reimbursement Agreement with the Catellus Residential Group, Inc. for the
construction of a deep sewer pipeline within Poinsettia Lane and real property referred to
as Brigantine Drive, CMWD Project No. 89-505, CIP Project 3661, 3662 and its
attachment Exhibit "A", the Reimbursement Agreement.
‘. 1 - SITE PLAN -
8’ RECYCLED
-eject Name:
POINSETTIA LANE
WATER MAIN AND RECYCLED
WATER MAIN IMPROVEMENTS
Project Exhibit
No, Not 89-505 1
‘. 1 - SITE PLAN -
\ \ I I
CT 93-09
POINSETTA LANE , c -.-.
DEEP SEWER
---A.-
'0 ject Name:
Project Exhibit DEEP SEWER IN POINSETTIA LANE AND BRIGANTINE DRIVE No, Noa 89-505 2
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RESOLUTION NO. 1026
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD,
CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT
WITH THE CATELLUS RESIDENTIAL GROUP, INC. FOR THE
CONSTRUCTION OF POTABLE WATER AND RECYCLED
WATER TRANSMISSION MAINS IN POINSETTIA LANE FROM
AVIARA PARKWAY TO BLACK RAIL ROAD, CMWD PROJECT
NO. 89-505, CIP PROJECT 3661.3662
WHEREAS, the Catellus Residential Group, Inc. as a condition of approval for
Carlsbad Tract 93-09 (Ocean Bluff), is conditioned to construct potable water and
recycled water transmission mains in Poinsettia Lane from Aviara Parkway to Black Rail
Road; and
WHEREAS, the developer’s schedule precedes that of the Carlsbad Municipal
Water District for the construction of the Poinsettia Lane Water and Recycled Water
Pipeline Improvements; and
WHEREAS, the Catellus Residential Group, Inc., has requested Board of
Directors approval of a Reimbursement Agreement (attached hereto marked Exhibit “A”
and incorporated by this reference) for the construction of said improvements in
Poinsettia Lane; and
WHEREAS, the Catellus Residential Group, Inc., desires to begin construction
of Poinsettia Lane immediately; and
WHEREAS, adequate funds exist in the water connection and water replacement
funds to pay the construction of the potable water and recycled water transmission
mains and were appropriated previously and with the 1998-99 Capital Improvements
Program; and
WHEREAS, the Planning Director has determined that the requested action is in
compliance with prior environmental review conducted for Zone 20 LFMP Program EIR
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90-09 by adoption of Resolution No. 3869 approved on December 20, 1995, and EIR
90-09A by adoption of Resolution No. 4391 approved on June 17, 1998.
NOW, THEREFOR, BE IT RESOLVED by the Board of Directors of the Carlsbad
Municipal Water District of Carlsbad, California, as follows:
1. That the above recitations are true and correct
2. That the Reimbursement Agreement by and between the Catellus Residential
Group, Inc. and the Carlsbad Municipal Water District is hereby approved and the
President is authorized and directed to sign said agreement on behalf of the Board of
Directors.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad
Municipal Water District on the 22nd day of September , 1998 by the
following vote, to wit:
AYES: Board Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None
Al-TEST:
ALETHA L. RAU
(SEAL)
t \
1 DOC : 1998-0617942
RECORDING REQUESTED BY:
WHEN RECORDED, PLEASE MAIL TO:
City Clerk
City of Carlsbad 1200 Carlsbad Village Drive
Carlsbad, California 92008
439
SEP 28. 1998 3:47 PM
oFFIcs# limms ~~~~~~
i&s: ’ 34.00
Please record the documents at no fee
as it is to the benefit of the District (Gov. Code [6I 031.
Space above this line for Recorder’s Use
AGREEMENT,FOR REIMBURSEMENT OF COSTS FOR
CONSTRUCTION OF WATER AND RECYCLED WATER
PIPELINE IMPROVEMENTS WITHIN POINSETTIA
LANE FROM AVIARA PARKWAY TO BLACK RAIL ROAD
THIS AGREEMENT FOR REIMBURSEMENT OF COSTS FOR CONSTRUCTION OF WATER AND RECYCLED
WATER PIPELINE IMPROVEMENTS WITHIN POINSETTIA LANE FROM AVIARA PARKWAY TO BLACK RAIL ROAD
dated as of September 221 , 1998, (“Agreement”), is made at Carlsbad, California, between CATELLUS
RESIDENTIAL GROUP, INC., a California corporation (“Catellus”), and the CARLSBAD MUNICIPAL WATER DISTRICT,
a municipal water district formed pursuant to the Municipal Water District Act of 191 I (Water Code 8 7,000 et seq.) and a
Subsidiary District of the City of Carlsbad, (“District”), with reference to the following:
RECITALS
A. Catellus holds fee title to that certain real property in the City of Carlsbad, County of San Diego, State of
California, as more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (the
“Property”), which Catellus has in the past sought to develop as a residential subdivision (the “Project”) as contemplated
by Tentative Map CT 93-09 (the “Tentative Map”) and Amended Tentative Map CT 93-09A (the “Amended Tentative
Map”). The Planning Commission for the City of Carlsbad (the “City”), by Planning Commission Resolution No. 4318,
4319, and 4320 recommended approval of the Amended Tentative Map on June 17, 1998. The City Council has adopted
the Planning Commission’s recommendations and conditions pursuant to City Council Resolution No. 96-I I7 approved on
April 2, 1996, and City Council Resolution No. 98-255 approved on July 28, 1998.
Rev. 09/09/98 (CT 93-09, Proj
440
B. By separate agreement with the City of Carlsbad, Catellus has agreed to construct Poinsettia Lane from
Aviara Parkway to Black Rail Road in which Utility Improvements will be placed.
C. One of the conditions of approval of the Amended Tentative Map for the Project, portions of Condition 33,
requires Catellus to construct water and recycled water pipelines within portions of Poinsettia Lane from Aviara Parkway
to Black Rail Road.
D. District and Catellus desire to provide for construction of the Utility Improvements simultaneously with
Poinsettia Lane from Aviara Parkway to Black Rail Road as defined below.
E. The “Utility Improvements” shall include the following:
(I) Two (2) potable water mains within Poinsettia Lane (the “Potable Water Lines”) which shall
consist of (A) approximately two thousand seven hundred lineal feet (2,709’) of sixteen-inch (16”) steel water main pipe
(the “16-inch line”), and (8) approximately two thousand seven hundred lineal feet of twenty-four-inch (24”) steel water
main pipe (the “24-inch line”) as set forth on Exhibit “B”; and
(2) One (I) reclaimed water main within the Poinsettia Lane (the Reclaimed Water Line) which shall
consist of approximately two thousand seven hundred seventy-five feet (2,776’) of eight-inch (8”) PVC reclaimed water
main pipe, as set forth on Exhibit “B”.
D. District and Catellus recognize that the Utility Improvements include work which exceeds the needs of the
Project. Catellus agrees to construct or cause the construction of the Utility Improvements, provided the District agrees to
reimburse Catellus on a progress payments basis as set forth in this Agreement.
E. The Construction of the Utility Improvements are collectively referred to herein as the “Work”.
F. Catellus has requested reimbursement from the District pursuant to the Subdivision Map Act and District
Ordinance No. 26 for the cost of constructing the Utility Improvements.
G. District and Catellus intend that this Agreement satisfy the requirements of Government Code Q 66486.
NOW, THEREFORE, the good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
I. CATELLUS OBLIGATIONS.
In consideration of District’s reimbursement and other undertakings as set forth herein, Catellus agrees to
construction and install the Utility Improvements (which is referred to here as the [“Work]).
Rev. 09/09/98
441
2. DISTRICT OBLIGATIONS.
In the event that Catellus performs the Work for any reason whatsoever, including, without limitation, to satisfy any
condition of approval in connection with the Amended Tentative Map, the District shall reimburse Catellus an amount (the
“Reimbursement Amount”) equal to (I) the cost of the Work (the “Actual Cost”), &, (ii) an overhead allocation of four
percent (4%) of the Actual Cost in lieu of other reimbursement for Catellus’ cost incurred for salary and benefits for staff of
Catellus’ home offices, purchasing department expenses, supervision above the level of on-site superintendent, general
corporate, legal, and accounting fees, the cost of borrowed funds, insurance and bond premiums, expenses for meetings
with and presentations to governmental agencies which issue permits or otherwise regulate project approval, (collectively,
the “Overhead Costs”). The Actual Construction Cost shall include all costs associated with the installation of the Potable
Water Lines and Recycled Water Line, including, without limitation, costs of testing, surveying, inspection, and
construction, and any and all other associated costs necessary for the timely construction and implementation of the
Potable Water lines and the Recycled Water Line.
3. CONTRACTOR BUDGET: INVOICES.
(a) The Work shall be performed by a licensed contractor or sub-contractor (the “Contractor”) selected by
Catellus (which Contractor shall be selected after receipt of bids from no fewer than three (3) contractors). The Contractor
shall submit a pro-forma budget estimating the Actual Cost of the Work (the “Budget”). Catellus shall instruct the
Contractor to prepare and deliver to Catellus duplicate copies of all periodic and final invoices for labor and materials used
in the performance of the Work.
(b) During the performance of the Work, Catellus shall retain detailed payment and records and documents for all
items related to the Water Improvement for use by the District in auditing Catellus’ reimbursement request. Such
documents shall include copies of plans, specifications, engineer’s cost estimates, bids received, contracts, change
orders, invoices, payment slips, canceled checks (front and back), lien releases and other documentation (collectively, the
“Work Documentation”) reasonably required by the District to evidence the completion and payment for each item
comprising the Work.
(c) Catellus shall forward one copy of each invoice submitted to Catellus by Contractor, to the “District Engineer”,
together with an invoice for all other components of the Actual Cost not otherwise reflected on the Contractor’s invoice.
The District Engineer shall confirm and approve the Reimbursement Amount based upon the components of Actual Costs
set forth in Section 2.B. of this Agreement. If the District Engineer objects to any items comprising the Reimbursement
Amount, the District Engineer shall notify Catellus within ten (10) days of receipt of all invoices forwarded by Catellus.
Failure to so notify Catellus shall be deemed the District Engineer’s approval of such invoices. In the event the District
3 Rev. 09/09/98
442
Engineer does object, Catellus and the District Engineer shall meet to discuss the disputed amount (at which time Catellus
shall make available all of the Work Documentation) and attempt to resolve the matter through good-faith negotiation.
(d) Prior to the submission of the District Engineer of the final invoices, Catellus shall obtain necessary or
appropriate lien releases from the Contractor, and shall obtain from the City, the District, and any and all appropriate
governmental agencies, all approvals, certificates, and other documents necessary to indicate the completion of the Work
and the ability to put the Potable Water Lines and the Reclaimed Water Line into use. The date Catellus receives all such
lien releases, approvals, and certificates shall be deemed the date of completion of the Work (the “Completion Date”).
4. REIMBURSEMENT SCHEDULE.
(a) Upon selection of the Contractor and the Contractor’s commencement of the Work (which commencement
shall be deemed to occur upon the issuance to the Contractor of any permits necessary to begin the Work), the District
shall remit to Catellus a payment equal to twenty-five percent (25%) of the estimated Actual Cost set forth in the Budget
(the “Mobilization Payment:“). The Mobilization Payment shall be deemed an off-set against, and not in addition to, the
total Reimbursement Amount owing upon completion of the Work.
(b) The District shall thereafter remit the entire outstanding Reimbursement Amount to Catellus upon the
Completion Date.
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Rev. 09/09/98
443 5. NOTICE.
Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder
shall be in writing and shall be deemed to have duly delivered upon personal delivery, or by Federal Express (or similar
reputable express delivery service), or by facsimile transmission with back-up copy mailed the same day, or as of the
second business day after mailing by United States certified mail, return receipt requested, postage prepaid, addressed as
follows:
If to Catellus: Catellus Residential Group
5 Park Plaza, Suite 400
k-vine, California 92614
Telephone: (714) 251-8100
Facsimile: (714) 251-8837
If to District:
Attention: Mr. Brian J. Milich, Vice President
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
Attention: Mr. Robert J. Greaney, General Manager
or to such other address or to such other person as any party shall designate to the others for such purpose in the manner
set forth above.
8. MISCELLANEOUS.
(a) Entire Aareement. This Agreement contains the entire agreement between the parties with respect to the
matters set forth herein, and supersedes all prior or contemporaneous agreements (whether oral or written) between the
parties with respect to the matters set forth herein.
(b) Amendment. This Agreement may be modified only in writing signed by both parties.
(c) Successors and Assians. This Agreement shall be binding upon and inure to the benefit of each party and
their respective heirs, personal representatives, successors and assigns.
(d) No Third Partv Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or
entity which is not a party hereto, and the parties hereto expressly disclaim any such third-party benefit.
(e) Severabilitv. The invalidity or unenforceability of any provision of this Agreement, as determined by a court of
competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof.
5 Rev. 09/09/98
. _I 444
(9 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the
State of California.
(g) Counteroarts. This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which, taken together, shall constitute one and the same instrument.
(h) Tm. This Agreement shall be effective as of the date hereof, and shall terminate on the earlier of (I) the date
the District fully reimburses the Catellus the Reimbursement Amount, or (ii) January 1,2015.
(i) DisDutes: Claims. If a dispute should arise regarding the performance or interpretation of this Agreement, the
following procedure shall be used to resolve and question of fact or interpretation not formally resolved by the parties.
Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this
Agreement, shall be reduced to writing by the principal Catellus or the District’s General Manager (General Manager). A
copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of
resolution which would be of benefit to both parties. The General Manager, or principal, upon receipt, shall reply to the
letter, including a recommended method of resolution, within ten (IO) days. If the resolution thus obtained is
unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the Board of Directors for their
resolution through the office of the Executive Manager. The Board of Directors may, but is not obligated to resolve the
dispute. If the Board of Directors considers the dispute, and directs a solution, the action of the Board of Directors shall be
binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available
to them at law.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first
above written,
“Catellus” “District”
CAlTELLUS RESIDENTIAL GROUP, INC., a California CARLSBAD MUNICIPAL WATER DISTRICT, a
;2rporatio~ti
(sign here)
BRIAN J. MILICH. Vice President
(print name/me)
ATTEST:
By: h/w-Y ALETHA L. RAUTENKRANZ, Secretary
Stephen J. loller, Assistant Secretary
(print name/title
(S-L)
(Proper notarial acknowledgment of execution by Catellus must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the
corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that
officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
By:
aeneral
7 Rev. 09/09/98
STATE OF CALIFORNIA 1
CQWXL
) ss.
COUNTY OF J
\‘\yB efore me,
personally appeared
9 ersonally known to me m- u proveo to be the person(s) whose
name(s b r su scribed to the within instrument and acknowledged to me that executed the same in
N her authorized capacity(ies), and that by&? a her rgnature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
-
Commission # 1167018
Notary Public - Califomio $ Orange County
MvComm.Ga&esJcn1.2UX I
(This area for official notary seal.)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
CMWD 89-505
06/I 4195 Rev.
EXHIBIT “A”
Legal Description of Ocean Bluff Properly
447
CARLSBAD TRACT 93-09 BEING A SUBDIVISION OF THAT PORTION OF SECTION 22, TOWNSHIP I2 SOUTH,
RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING DESCRIBED AS PARCEL B IN
CERTIFCATE OF COMPLIANCE RECORDED ON MARCH I I, 1997 AS FILE NO. 1997-0106631 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID SECTION 22 AS SHOWN AND ESTABLISHED ON
RECORD OF SURVEY MAP NO. 12096, FILED IN THE OFFICE OF THE COUNTY RECORDER, MARCH 23, 1989, SAID CORNER BEING MARKED BY A 2 INCH IRON PIPE WITH CAP STAMPED “L-S. 3189 112M AHR 1979”; THENCE
ALONG THE EAST LINE OF SAID LOT 3 AS ESTABLISHED PER SAID RECORD OF SURVEY MAP NO. 12096,
SOUTH OI”29’12” EAST (SOUTH OI”28’59” EAST PER R OF S 12096), 1056.64 FEET OF THE SOUTHEAST
CORNER OF SAID LOT 3, SAID CORNER BEING MARKED BY J/4 INCH IRON PIPE MARKED “R.C.E. 8210” AS SHOWN AND ESTABLISHED ON SAID RECORD OF SURVEY MAP NO. 12096; THENCE NORTH 86”57’48” WEST
(NORTH 86”5735” WEST PER R OF S 12096) 663.55 FEET TO AN ANGLE POINT OF SOUTHERLY LINE OF SAID
LOT 3 BEING MARKED BY A 2 INCH IRON PIPE STAMPED “L.S. 2821” AS SHOWN AND DESCRIBED ON SAID
RECORD OF SURVEY MAP NO. 12096; THENCE NORTH 86”53’40” WEST, 663.62 FEET (NORTH 86”5331” WEST,
663.69 FEET PER R OF S 12096) TO A 2 INCH IRON PIPE STAMPED “L.S. 2821” ESTABLISHING THE SOUTHWEST CORNER OF SAID LOT 3 PER RECORD OF SURVEY MAP NO. 12096; THENCE ALONG THE WESTERLY LINE OF
SAID LOT 3 AS ESTABLISHED PER RECORD OF SURVEY MAP NO. 12096 (SAID LINE ESTABLISHED BY SAID 2
INCH IRON PIPE AND % INCH IRON PIN AS SHOWN ON R OF S 12096). NORTH OI”43’58” WEST (NORTH
OI”43’45” WEST PER R OF S 12096) 997.78 FEET TO A POINT OF THE NORTH LINE OF SAID SECTION 22;
THENCE ALONG SAID NORTH LINE, SOUTH 89”28’34” EAST, 1328.08 FEET (SOUTH 89”28’21” EAST, 1327.24
FEET PER R OF S 12096) TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF, IF ANY, LYING NORTH OF THE SOUTH BOUNDARY LINE
OF RANCH0 AGUA HEDIONDA, AS SAID SOUTH LINE WAS ESTABLISHED MAY 5, 1913, BY DECREE OF THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR SAN DIEGO COUNTY, IN THAT CERTAIN
ACTION NO. 16830 ENTITLED KELLY INVESTMENT COMPANY, A CORPORATION, VS. CLARENCE DAYTON HILLMAN AND BESSIE OLIVE HILLMAN.
Rev. 09/09198
CATELLUS RESIDENTIAL GROUP, INC.
SECRETARY CERTIFICATE
448
RESOLVED, that Brian Milich in his capacity as Vice President and
Stephen Muller in his capacity as Assistant Secretary are authorized for, on
behalf of and in the name of Catellus Residential Group, Inc. (the “Corporation”),
to sign the Deep Sewer and Water Reimbursement Agreement for the Carlsbad
Municipal Water District, and all other related documents and agreements. The
execution of such agreements and documents by them shall be conclusive
evidence of full Corporate approval thereof.
IN WITNESS WHEREOF, I have affixed my name as Assistant Secretary
of said Corporation and have caused the corporate seal of the corporation to be
hereunto atfixed this 14* day of September, 1998.
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RESOLUTION NO. 98-315
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT WITH THE CATELLUS RESIDENTIAL GROUP,
INC. FOR THE CONSTRUCTION OF A DEEP SEWER WITHIN
POINSETTIA LANE AND REAL PROPERTY REFERRED TO AS
BRIGANTINE DRIVE. CMWD PROJECT NO. 89-505
WHEREAS, the Catellus Residential Group, Inc. as a condition of approval for
Carlsbad Tract 93-09 (Ocean Bluff), is conditioned to construct a deep sewer within
Poinsettia Lane and real property referred to as Brigantine Drive; and
WHEREAS, the developer’s schedule precedes that of the City of Carlsbad for
the construction of the Poinsettia Lane Improvement and real property referred to as
Brigantine Drive; and
WHEREAS, the Catellus Residential Group, Inc., has requested the City Council
approval of a Reimbursement Agreement (attached hereto marked “Exhibit “A” and
incorporated by this reverence) pursuant to § 66486 of the Government Code for the
construction of said improvement in Poinsettia Lane and real property referred to as
Brigantine Drive; and
WHEREAS, the Catellus Residential Group, Inc. desires to begin construction of
Poinsettia Lane and real property referred to as Brigantine Drive; and
WHEREAS, the Roesch Property, which is adjacent to Tract 93-09, will be
conditioned to pay to the City the cost for the construction of the deep sewer in excess
of $36,377 upon issuance of a grading permit on the Roesch property; and
WHEREAS, the City will reimburse the Catellus Residential Group, Inc. for the
cost of the deep sewer upon receipt of payment from the Roesch Property; and
WHEREAS, the Planning Director has determined that the requested action is in
compliance with prior environmental review, conducted for Zone 20 LSMP Program EIR
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90-09 by adoption of Resolution No. 3869 approved on December 20, 1995 and EIR
90-09A by adoption of Resolution No. 4318 approved on June 17, 1998.
NOW, THEREFOR, BE IT RESOLVED, by the City Council of Carlsbad,
California, as follows.
1. That the above recitations are true and correct.
2. That the Reimbursement Agreement by and between the Catellus Residential
Group, Inc. and the City of Carlsbad is hereby approved and the Mayor is authorized
and directed to sign said agreement on behalf of the City Council.
3. That upon receipt of payment from the Roesch Property, the Finance Director
is authorized to reimburse the Catellus Residential Group, Inc.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carisbad on the 22nd day of September , 1998 by the
following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. \ RAUTENKRANZ, City Clerk
(SEAL)
RECORDING REQUESTED BY:
WHEN RECORDED, PLEASE MAIL TO:
City Clerk City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Please record the document at no fee as
it is to the benefit of the City (Gov. Code [6103].)
Space above this line for Recorder’s Use
DEEP SEWER REIMBURSEMENT AGREEMENT
THIS DEEP SEWER REIMBURSEMENT AGREEMENT (“Agreement”) is made and entered into as of the
22nd day of September , 1998 by and between CATELLUS RESIDENTIAL GROUP, INC., a California
corporation (hereinafter “Catellus”), and the CITY OF CARLSBAD, a municipal corporation of the State of California
(hereinafter “the City”), with reference to the following:
RECITALS
A. Catellus is the owner of that certain real property located in the City of Carlsbad. County of San Diego, State
of California, and more particularly described on Exhibit “A” attached hereto and incorporated herein by the reference (the
“Ocean Bluff Property”).
B. The real property located adjacent to the Ocean Bluff Property in the City of Carlsbad, County of San Diego,
State of California, is more particularly described on Exhibit “B” attached hereto and incorporated herein by this reference
(the “Roesch Property”).
C. Both the Ocean Bluff Property and the Roesch Property will receive sewer service from the City.
D. Catellus will install the sewer improvements which will serve the Ocean Bluff Property. Catellus is also
required to install the sewer improvements which will serve the Roesch Property (the sewer improvements serving both
properties being collectively referred to herein as the “Deep Sewer Improvements). The Deep Sewer Improvements will
be located beneath the real property more particularly depicted on Exhibit “C” attached hereto and incorporated herein by
this reference, which real property includes what is commonly referred to as “Brigantine Drive,” as welt as portions of what
(CT 93-09, Proj. 89-505) 09/09/98
is commonly referred to as “Poinsettia Lane” (all of the foregoing collectively being referred to herein as the “Sewer
Improvement Property”).
E. The City has informed Catellus that the sewer lines which are to be installed as part of the Deep Sewer
Improvements (in order to properly serve the Roesch Property) will need to be installed at a depth of approximately thirty-
eight (38’) feet below the existing ground surface (which is significantly deeper that the ordinary depth of sewer lines).
F. The parties recognize that the installation of sewer lines at such extraordinary depth requires significantly
greater work and expense than customary sewer line installation for a residential tract.
G. The parties acknowledge that pursuant to 5 66485 of the California Government Code, a local agency may
require a subdivider to install improvements containing supplemental size, capacity, number, or length, for the benefit of
property not within the subdivision. The parties further acknowledge that pursuant to § 66486 of the Government Code, if
such improvements are required, the local agency shall enter into an agreement with the subdivider to reimburse the
subdivider for that portion of the cost of those improvements in excess of the construction cost customarily required for the
subdivision.
H. To accommodate Catellus for such added expense, the parties hereby desire to provide for the
reimbursement by the City to Catellus for all sewer installation costs incurred by Catellus in excess of those which would
normally be incurred if the Deep Sewer Improvements were installed at a standard depth (as would be required if installed
only for the benefit of the Ocean Bluff Property).
AGREEMENT
NOW, THEREFORE, in consideration of the terms and agreements hereinafter set forth, and for other good and
valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as
follows:
1. DESCRIPTION OF WORK.
The Deep Sewer Improvements shall include approximately six hundred ninety-six linear feet (696”) of eight-inch
(8”) diameter pipeline from station 9+25.37 to station 16+21.47 and to the two (2) access holes at station 12+75.67 and
station 16+21.47 (as shown on Drawing 360-38, Sheets 6 and 7) plus approximately seven hundred thirty-two linear feet
(732’) of eight-inch (8”) diameter pipeline from station lo+16 to station 15+92.81 and from station 10+49.31 to station
12+095.20, and to three (3) access holes at station 11+78.52, station 13+87.25, and station 15+92.81 (as shown on
Drawing 360-3, Sheets 3 and 4).
Rev. 09/09/98
2. CITY REIMBURSEMENT OBLIGATION.
In the event that Catellus installs the Deep Sewer Improvements for any reason whatsoever, including,
without limitation, to satisfy any condition of approval in connection with a tentative map for either the Ocean Bluff Property
or the Roesch Property, the City shall reimburse Catellus an amount (the “Reimbursement Amount”) equal to the
difference between the cost of the Deep Sewer Improvement Installation (the “Actual Cost”) and Thirty-Six Thousand
Three Hundred Seventy-Seven Dollars ($36,377) (which the parties agree is the reasonable estimate of the cost to install
sewer improvements solely for the benefit of the Ocean Bluff Property). The Actual Cost shall include all costs associated
with the installation of the Deep Sewer Improvements.
3. CONTRACTOR: INVOICES.
The Deep Sewer Improvements shall be installed by a licensed contractor or sub-contractor (the “Contractor”)
selected by Catellus (which Contractor shall be selected after receipt of bids from no fewer than three (3) contractors).
Catellus shall instruct the Contractor to prepare and deliver to Catellus duplicate copies of all periodic and final invoices for
labor and materials used in the installation of the Deep Sewer Improvements. Catellus shall forward one copy of each
such invoice to the Engineer (the “District Engineer”) for the Carlsbad Municipal Water District (the “District”), together
with an invoice for all other components of the Actual Cost not otherwise reflected on the Contractor’s invoice. The District
Engineer shall confirm and approve the Reimbursement Amount based upon the components of Actual Costs set forth in
Section 2 of this Agreement. If the District Engineer objects to any item comprising the Reimbursement Amount, the
District Engineer shall notify Catellus within ten (10) days of receipt of all invoices forwarded by Catellus and the
Contractor. Failure to so notify Catellus shall be deemed the District Engineer’s approval of such invoices. In the event
the District Engineer does object, Catellus and the District Engineer shall meet to discuss the disputed amount, and
attempt to resolve the matter through good-faith negotiation. If the parties are unable to resolve the dispute through good-
faith negotiation, the dispute shall be submitted to judicial reference in accordance with Section 6.i. of this Agreement.
Prior to the submission to the District Engineer of the final invoices, Catellus shall obtain all necessary or appropriate lien
releases from the Contractor, and shall obtain from the City, the District, and any and all necessary or appropriate
governmental agencies, all approvals, certificates, and other documents necessary or appropriate to indicate the
completion of the Deep Sewer Improvements and the ability to put such Deep Sewer Improvements into use. The date
Catellus receives all such lien releases, approvals, and certificates shall be deemed the date of completion of the Deep
Sewer Improvements (the “Completion Date”).
3 Rev. 09/09/98
Payment or notice required or permitted to be given by one party to the other shall be in writing and shall be
deemed effective (a) on personal delivery on the second business day after mailing by Certified or Registered United
States mail, postage prepaid, return receipt or (b) on the succeeding business day after mailing by Express Mail or after
deposit with a commercial delivery service of general use, all postage or fees prepaid and addressed to the parties at the
addresses below:
If to Catellus: Catellus Residential Group
5 Park Plaza, Suite 400
Irvine, CA 92014
Attn: Mr. Brian J. Milich
If to City: Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
Attn: Robert J. Greaney, General Manager
4. REIMBURSEMENT SCHEDULE.
The City shall collect a fee (the “Deep Sewer Fee”) upon the issuance of a grading permit for the Roesch
Property. The City shall remit the entire Reimbursement Amount to Catellus no later than (30) days following collection by
the City of the Deep Sewer Fee.
5. NOTICE.
Notice of change of address shall be given by written notice in the manner set forth in this paragraph,
6. MISCELLANEOUS.
a. Entire Aareement. This Agreement contains the entire agreement between the parties with respect to the
matters set forth herein, and supersedes all prior or contemporaneous agreements (whether oral or written) between the
parties with respect to the matters set forth herein.
b. Amendment. This agreement may be modified only in a writing signed by both parties.
c. Successors and Assians. This Agreement shall be binding upon and inure to the benefit of each party
and their respective heirs, personal representatives, successors and assigns.
d. No Third Parlv Beneficiaries. This Agreement shall not be deemed to confer any rights upon any
individual or entity which is not a party hereto, and the parties hereto expressly disclaim any such third-party benefit.
e. Attomev’s Fees. In the event either party shall institute any action or proceeding against the other party
relating to this Agreement, the unsuccessful party in such action or proceeding shall reimburse the successful party for its
4 Rev. 09109198
disbursements incurred in connection therewith and for its reasonable attorneys’ fees as fixed by the court. In addition to
the foregoing award of attorneys’ fees to the successful party, the successful party in any lawsuit on this Agreement shall
be entitled to its attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment. This
provision is separate and several and shall survive any merger of this Agreement into any judgment on this Agreement.
f. Severability. The invalidity or unenforceability of any provision of this Agreement, as determined by a
court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof.
g. Govemina Law. This Agreement shall be governed by, and construed in accordance with, the laws of the
State of California.
h. Counteroarts. This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which, taker together, shall constitute one and the same instrument.
i. Disputes: Claims. If a dispute should arise regarding the performance or interpretation of this Agreement,
the following procedure shall be used to resolve and question of fact or interpretation not formally resolved by the parties.
Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this
Agreement, shall be reduced to writing by the principal Catellus or the City’s Public Works Director (Director). A copy of
such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution
which would be of benefit to both parties. The Director, or principal, upon receipt, shall reply to the letter, including a
recommended method of resolution, within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggreived
party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City
Manager. The City Council may, but is not obligated to resolve the dispute. If the City Council considers the dispute, and
directs a solution, the action of the City Council shall be binding upon the parties involved, although nothing in this
procedure shall prohibit the parties seeking remedies available to them at law.
/II
ill
I//
//I
I//
Ill
Ill
Ill
Ill
5 Rev. 09109198
i. m. This Agreement shall be effective as of the date hereof, and shall terminate on the earlier of (i) the
date the City fully reimburses Catellus the Reimbursement Amount, or (ii) January 1, 2015.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first
above written.
“CATELLUS” “CITY
CATTELLUS RESIDENTIAL GROUP, INC., a California CITY OF CARLSBAD, a municipal corporation of the
corporation
.Y:B
BRIAN J. MILICH. Vice President
(print name/ti
ATTEST:
By:
(sign here) ’ Y . . . . ..I QzcJk-Y ‘ENKRANZ, City Clerk ALETHA L. RAUT
Stephen J + hbile!,.&~ia~ Secretary
(print name/title) _.. Am‘ .- :‘- .-‘: ii:.. f-.: . ‘i,l
ww
(Proper notarial acknow&&m$? o$xecution by Catellus must be attached.) _
(President or vice-prerident.ani secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: d2*&-
-AdstaM City Attorney
6 Rev. 09/09/98
., .I
STATE OF CALIFORNIA
:) “. COUNTY OF b<c2T
personally appeared
%o personally known to me c to be the person(s) whose
I
name(s) &J@ b r su scribed to the within instrument and acknowledged to me that b&e@ executed the same in
uthorized capacity(ies), and that byl@16s signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SldNATURE (%
(This area for official notary seal.)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
CMWD 89-595
06/l 4/95 Rev.
EXHIBIT “A”
Legal Description of Ocean Bluff Properly
CARLSBAD TRACT 93-09 BEING A SUBDIVISION OF THAT PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING DESCRIBED AS PARCEL B IN
CERTIFCATE OF COMPLIANCE RECORDED ON MARCH 11, 1997 AS FILE NO. 1997-0106631 OF OFFICIAL
RECORDS OF SAN DIEGO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID SECTION 22 AS SHOWN AND ESTABLISHED ON
RECORD OF SURVEY MAP NO. 12096, FILED IN THE OFFICE OF THE COUNTY RECORDER, MARCH 23, 1989,
SAID CORNER BEING MARKED BY A 2 INCH IRON PIPE WITH CAP STAMPED “L.S. 3189 112M AHR 1979”; THENCE ALONG THE EAST LINE OF SAID LOT 3 AS ESTABLISHED PER SAID RECORD OF SURVEY MAP NO. 12096,
SOUTH Ol”29’12” EAST (SOUTH Ol”28’59” EAST PER R OF S 12096), 1056.64 FEET OF THE SOUTHEAST
CORNER OF SAID LOT 3, SAID CORNER BEING MARKED BY J/4 INCH IRON PIPE MARKED “R.C.E. 8210” AS
SHOWN AND ESTABLISHED ON SAID RECORD OF SURVEY MAP NO. 12096; THENCE NORTH 86”57’48” WEST
(NORTH 86”57’35” WEST PER R OF S 12096), 663.55 FEET TO AN ANGLE POINT OF SOUTHERLY LINE OF SAID
LOT 3 BEING MARKED BY A 2 INCH IRON PIPE STAMPED “L.S. 2821” AS SHOWN AND DESCRIBED ON SAID RECORD OF SURVEY MAP NO. 12096; THENCE NORTH 86”53’40” WEST, 663.62 FEET (NORTH 86”53’31” WEST,
663.69 FEET PER R OF S 12096) TO A 2 INCH IRON PIPE STAMPED “L.S. 2821” ESTABLISHING THE SOUTHWEST
CORNER OF SAID LOT 3 PER RECORD OF SURVEY MAP NO. 12096; THENCE ALONG THE WESTERLY LINE OF SAID LOT 3 AS ESTABLISHED PER RECORD OF SURVEY MAP NO. 12096 (SAID LINE ESTABLISHED BY SAID 2 INCH IRON PIPE AND ‘/t INCH IRON PIN AS SHOWN ON R OF S 12096), NORTH Ol”43’58” WEST (NORTH
Ol”43’45” WEST PER R OF S 12096), 997.78 FEET TO A POINT OF THE NORTH LINE OF SAID SECTION 22;
THENCE ALONG SAID NORTH LINE, SOUTH 89”28’34” EAST, 1328.08 FEET (SOUTH 89”28’21” EAST, 1327.24
FEET PER R OF S 12096) TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF, IF ANY, LYING NORTH OF THE SOUTH BOUNDARY LINE
OF RANCH0 AGUA HEDIONDA, AS SAID SOUTH LINE WAS ESTABLISHED MAY 5, 1913, BY DECREE OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR SAN DIEGO COUNTY, IN THAT CERTAIN
ACTION NO. 16830 ENTITLED KELLY INVESTMENT COMPANY, A CORPORATION, VS. CLARENCE DAYTON
HILLMAN AND BESSIE OLIVE HILLMAN.
EXHIBIT “B”
Legal Description of Roesch Property
LOT 4 IN SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, EXCEPTING THEREFROM THOSE
PORTIONS THEREOF LYING NORTH OF THE SOUTH BOUNDARY LINE OF THE RANCH0 AGUA HEDIONDA, AS SAID SOUTHLINE WAS ESTABLISHED MAY 5,1913, BY DECREE OF THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA, IN AND FOR SAN DIEGO COUNTY. IN THAT CERTAIN ACTION (NO. 16830) ENTITLED KELLY
INVESTMENT COMPANY, A CORPORATION, VS. CLARENCE DAYTON HILLMAN AND BESSIE OLIVE HILLMAN.
ALSO EXCEPTING THEREFROM THAT PORTION, IF ANY, LYING WITHIN THE LAND CONVEYED TO OCEAN
BLUFF PARTNERSHIP BY DEED RECORDED ON APRIL 28, 1997 AS FILE NO. 1997-0194116 OF OFFICIAL
RECORDS OF SAID SAN DIEGO COUNTY.
- SITE PLAN
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OCEAN
BLUFF
CT 93-09
POINSETTA
DEEP SEWER c--
1 LANE
\ \ It-
-eject Name:
DEEP SEWER IN POINSETTIA LANE AND BRIGANTINE DRIVE
Project
No,
89-505
- i-
----
\ A
- - -\
Exhibit
C
CATELLUS RESIDENTIAL GROUP, INC.
SECRETARY CERTIFICATE
RESOLVED, that Brian Milich in his capacity as Vice President and
Stephen Muller in his capacity as Assistant Secretary are authorized for, on
behalf of and in the name of Catellus Residential Group, Inc. (the “Corporation”),
to sign the Deep Sewer and Water Reimbursement Agreement for the Carlsbad
Municipal Water District, and all other related documents and agreements. The
execution of such agreements and documents by them shall be conclusive
evidence of full Corporate approval thereof.
IN WITNESS WHEREOF, I have affixed my name as Assistant Secretary
of said Corporation and have caused the corporate seal of the corporation to be
hereunto affixed this 14* day of September, 1998. h 1
\. -_-