HomeMy WebLinkAbout1991-07-16; Municipal Water District; 116; Approval of Calavera Hills Village Q CT 83-32IZARLSBAD IV-YICIPAL WATER DISTRICT - --‘,GENDA BILL dJ 0 qp
AB# L TITLE: APPROVAL OF CALAVERA HILLS,
MTG. q -lb -5' / VILLAGE Q, CARLSBAD TRACT 83-32 ENG. CMWD PROJECT NO. 84-502 DEPT.
RECOMMENDED ACTION:
Adopt Resolution No. 745 for approval of Calavera Hills, Village Q, Carlsbad Tract 83-32, CMWD Project No. 84-502 and acceptance Water System Improvements Agreement.
ITEM EXPLANATION:
Lyon/Copley Carlsbad Associates, Inc., developers of the Calavera Hills, Village Q project have submitted completed plans and agreement for water system site improvements. A performance guaranty in the sum of $2,722,848 has been posted to guarantee the improvements. This subdivision lies on the north side of proposed Tamarack Avenue between proposed Harwich Drive and proposed Cay Drive.
It is recommended that the Board of Directors approve Calavera Hills, Village Q, Carlsbad Tract 83-32 and authorize the District Engineer to sign the improvement plans and the President to sign the Agreement.
FISCAL IMPACT:
None.
EXHIBITS:
1. Location Map.
2. Water System Improvements Agreement (Onsite Improvements) for Calavera Hills, Village Q, Carlsbad Tract 83-32, CMWD Project No. 84-502.
3. Resolution No.345 approval of Calavera Hills, Village
Q, Carlsbad Tract 83-32, CMWD Project No. 84-502 and acceptance of Water System Improvements Agreement.
CMWD 84-501
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-4.
LOCATION MAP
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C.M.W.0. ‘8 4- 502
?ALAV!ERAMUS - tiLLAGE “Q *’
WATER SYSTEM IMPROVEMENTS AGREEMENT
I REGARDING
CALAVERA HILLS
VILLAGE "Q"
(Onsite Improvements)
This Agreement is entered into on 18 I u u between CARLSBAD l4UNICIPAL WATER DISTRICT (hereinafter "DISTRICT")
and LYON/cOPLEY CARLSBAD ASSOCIATES, L.P. (hereinafter
"DEVELOPER") with respect to the following:
A.' DEVELOPER is about to present the map identified as
Carlsbad Tract 83-32, Calavera @.lls, Village "Q"
(the llsubdli;visiontl) to the City of Carlsbad for final approval
under the Subdivision Map Act of the State of California and
represents that D&VELOPER is in compliance with the provisions of
the City of Carl&x&#'s ordinances applicable to the filing and
approval of subdivfsion maps. The property encompassed by the
subdivision lies within the boundariars of the DISTRICT.
B. Huns&er & Associates, San Diego
has prepared plans and
specifications for the construction of the water systems necessary
to provide water service to the subdivision. The plans and
specifications are identified as Improvement & Grading Plans of
Calavera Hills, Villaqe "Q", Carlsbad Tract 83-32
consisting of 55 sheets, and are incorporated herein by
reference ("plansll). The plans and specifications for the water
improvements, which are the subject of this Agreement, are set
forth on all sheets of those plans (wimprovementsl@). The DISTRICT
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Board of Directors has approved the plans.
C. No present commitment is required of the DISTRICT as
to water service to the lots in the above described subdivision.
NOW THEREFORE, in consideration of the covenants,
conditions,and promises set forth below, and of the approval of the
plans by the DISTRICT, the undersigned agree as follows:
1. Construction of Imnrovments. DEVELOPER agrees to
construct, or cause to be constructed, all of the water
improvements set forth in the plans as described above within one
(1) year from the date of this Agreement. The improvement shall be
constructed in a good and workmanlike manner under the direction of
and subject to the approval of the DISTRICT, which approval will be
exercised in good faith and will not be unreasonably withheld. The
improvements shall be constructed in accordance with the plans
approved by the DISTRICT and in conformity with all other
applicable stand&r& for pipelines construction which have been
adopted by the DISTRICT. DEVELOPER shall construct the
improvements at its sole co& and e-&se, and without any cost or
expense to the DISTRICT.
2. Insnection Fees and De-sits. DEVELOPER agrees to
pay to the DISTRICT, on demand, the full amount of all costs
incurred by the DISTRICT in connection with the work to be
performed under this Agreement including, but not limited to,
engineering plan checking, construction inspection, right-of-way
expenses, materials furnished, and a reasonable amount for the
DISTRICT's indirect costs and overhead in connection with this
project. The fees and costs shall be charged in accordance with
the DISTRICT's standard practice. DEVELOPER shall deposit with the
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DISTRICT the sum of $26,838.00 I being the estimated amount of
' the DISTRICT's expenses, at the time this Agreement is executed.
Should the DISTRICT's expenses be in excess of the deposit,
DEVELOPER shall pay the excess expenses to the DISTRICT on demand.
Should the DISTRICT's expenses be less than the amount of the
deposit, the DISTRICT shall refund the balance to DEVELOPER upon
completion of the work and its acceptance by the DISTRICT.
3. Dedication and Accentance of Imnrovements. Upon
completion of the improvements in accordance with the plans, as
determined ia good faith by the DISTRICT's Eianager and the
DISTRICT's Engineer, DEVELOPER shall dedicate and the DISTRICT
shall accept, the improvements as the public property of the
DISTRICT. The DISTRICT shall be under no obligation to accept the
improvements as public property of the DISTRICT until such time as
the following acts have occurred:
(a) Alf public improvaknts proposed to be constructed
in said subdivision, including but not limited to, streets, curbs,
drains, sewer, gas and utility lin~as anB the improvements required
for the complete water system and necessary appurtenances thereto,
as set forth in this Agreement, shall have been completed as
determined reasonably and in good faith by the DISTRICT's Engineer.
(b) DEVELOPER, at his own expense, provides to the
DISTRICT all documents and title policies necessary to vest and
insure record title to the public, to DISTRICT and/or City, to all
easements and/or rights-of-way necessary to the ownership and
maintenance of the improvements. DISTRICT shall have the right to
approve the acceptability of said easements, documents and title
policies, which approval shall be exercised in good faith and shall
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not be unreasonably withheld.
(cl DEVELOPER provides to the DISTRICT a statement
setting forth the actual cost of constructing the improvements.
The DISTRICT's Board of Directors shall accept the
dedication on behalf of the DISTRICT upon the recommendation of the
DISTRICT Manager and DISTRICT Engineer.
4. In f i rov n . DEVELOPER shall
be responsible for the care, maintenance and repair of all damage
to the improvements constructed under this Agreement until such
time as all water systems public improvements to be constructed
under this Agreement between. DEVELOPER and the DISTRICT have been
completed and dedication thereof has been accepted by the DISTRICT.
5. Guarantv of Work and Materials. DEVELOPER
guarantees, for a period of one (I) year after the DISTRICT accepts
dedication thereof, that the improvements shall be free of any
defects in materials and/or workznanship. DEVELOPER shall repair or
replace, without cost to the DISTRX!!P, any defect in workmanship or
materials which occurs wftbin that tioset, The DISTRICT shall notify
DEVELOPER in writing of any such defect. DEVELOPER shall begin
repairs within ten (10) days after receipt of such notice, and
shall proceed expeditiously to complete the repairs within that
time, or the DISTRICT is authorized to have the defects repaired at
the expense of DEVELOPER, and DEVELOPER shall pay the cost of such
repairs upon written demand by the DISTRICT. In the event of an
emergency, as determined reasonably and in good faith by the
DISTRICT's Board of Directors, Manager or Engineer, the DISTRICT is
authorized to have the defect causing the emergency repaired,
without notice, at the expense of DEVELOPER, and DEVELOPER shall
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pay the cost thereof upon written demand by the DISTRICT.
6. Water Service and Occupancy Unon Comnletion. There
shall not be any permanent water service provided to any parcel of
land within the subdivision, nor shall occupancy of any permanent
improvement within the subdivision be permitted, until the DISTRICT
has accepted dedication of the complete water systems for the
subdivision and title of all improverments, appurtenances, easements
and rights-of-way which are a part of such system. This provision
does not lizkit DEVELOPER from requesting, or the DISTRICT from
providing, teqorary water service to the subdivision to be used
during construction. Other temporary water service may be allowed
under the terms and conditions agreed to between the DISTRICT and
DEVELOPEW.
7. Bond or Guarantv. DEVELOPER shall furnish and
deliver to the DISTRICT a performance guaranty in the penal sum of
$2,722,848.00 to insure faithful performance by DEVELOPER of
all obligations under this contract. The guaranty shall be in the
form of a Faithful Perfc&m~~~ma~y/Labor and Materials Bond 1‘. issued by a reliable surety company, as determined by DISTRICT,
authorized to do business in the State of California, or such other
form of written guaranty as is acceptable to the DISTRICT.
8. Notices. All notices or other communications
required or permitted under this Agreement shall be sent by
registered or certified mail, return receipt requested, postage,
prepaid, addressed as follows:
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To DEVELOPER Garry M. Tarquinio Lyon/Copley Carl&ad Associates, 4430 La Villaqe Drive San Dieqo, California 92122
L. P.
To DISTRICT Robert J. Greaney, General Manager Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008
9. Benefit and Burden. This Agreement shall inure to
the benefit of, an&the obligation6 created hereby shall be binding
upon the heirs, successors and assigns of 'the parties hereto. The
DISTRICT acknowledges that there did exist a dispute between it and
the City of &rlsbad as to which entity has the right to provide
retail water service to this subdivision, among others, and the
right to hold legal title to all public improvements necessary to
provide 6uah 6ervice. The DISTRICT filed an action for declaratory
relief in the North County Branch of the Superior Court of the
State of Califoz?ti-a for the County of San Diego, case no. N20027,
to resolve that dispute. The DISTRICT and the City of Carlsbad
have settled this lawsuit. The parties hereto agree that their
rights and obligations under this ent are subject to the
judgment, judicial 'declaration, settlement or other determination
made in the above-described legal proceeding on June 29, 1983.
10. Severabilitv of Provisions. The invalidity or
illegality of any provisions of this Agreement shall not affect the
validity or enforcement of the remainder of this Agreement. If any
provision or term hereof is found to be invalid or unenforceable,
the rest of the Agreement shall remain in full force and effect as
though the invalid or unenforceable provision was not a part of the
Agreement.
11. Waiver or Amendment. No provision of this
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Agreement; nor any breach hereof, can be waived unless in writing.
Waiver of any one breach of any provision hereof shall not be
construed as a waiver of any other breach of the same or any other
provision hereof. This Agreement shall be amended or modified only
by a written agreement signed by the party to be charged with the
amendment.
12. Governins Law. This Agreement and any amendments
hereto shall be governed by, construed and enforced in accordance
with the laws of*the'State of California.
1;;; Construction and Internretation. This Agreement
contains the entire understanding and agreement of the parties as
to the construction of the complete water systems for the
subdivisiti;: and supersede6 all prior agreements, statements,
discussions, representations andunderstandings pertainingtothese
water systems.
14. &ev's Fee%, The prevailing party in any action
at law or in eguity, including arbitration, brought to enforce or
prevent the breach of thihe #qremti*, or any provision hereof,
including but not limited to any action for injunctive of
declaratory relief, shall be entitled to attorney's fees and costs
incurred in such action, including those incurred in any appeal.
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15. Authority to Sian. The individuals who sign this
Agreement on behalf of the undersigned partnership
certify that they have the authority and approval to do so on
behalf of such partnership .
Executed by Developer This 12TH day of
JUNE ,19&.
Executed by District
,yYe$9yay Of, 19%.
DEVELOPER:
GA . TARQUINIO, VICE PRESIDENT . -ctige Of signatory)
By:
ROBIN ADAMSON, ASSISTANT SECRETARY (title of signatory)
APPROVED AS TO FWU#: VINCENT F. BIONDd, JR.
CM'WD 84-502
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RESOLUTION NO. 745
RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT FOR APPROVAL OF CALAVERA HILLS, VILLAGE Q, CARLSBAD TRACT 83-32 AND ACCEPTANCE OF WATER SYSTEM IMPROVEMENTS AGREEMENT, CMWD PROJECT NO. 84- 502
WHEREAS, LYON/COPLEY CARLSBAD ASSOCIATES, L.P., a
California limited partnership, have submitted completed plans and
agreement for water system onsite improvements for Calavera Hills,
Village Q, Carlsbad Tract 83-32, CMWD Project No. 84-502; and
WHEREAS, it is recommended that the Board of Directors of
the Carlsbad Municipal Water District approve Calavera Hills,
Village Q, Carlsbad Tract 83-32, CMWD Project No. 84-502 and
authorize the District Engineer to sign the improvement plans and
the President to sign the agreement:
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors
of the Carlsbad Municipal Water District as follows;
1. That the above recitations are true and correct.
2. That the approval of Calavera Hills, Village Q,
Carlsbad Tract 83-32, CMWD Project No. 84-502 and acceptance and
authorization for the District Engineer to sign the improvement
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plans and the President to sign Water System Improvements Agreement
for onsite improvements is incorporated herein by reference, is
accepted.
PASSED, APPROVED AND ADOPTED at a meeting of the Carlsbad
Municipal Water District held on the 16th day of July I
1991 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Larson, Nygaard and Stanton
NOES: None
ABSENT: None
/ ATTEST:
ALETHA L. RAUTENKRANZ, Secretar 13 II (SEAL) 14
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