Loading...
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 ! -4. LOCATION MAP \\ ‘\\ \ \ \ r---b 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 1 3/12/91 REV. , 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 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 2 3/12/91 REV. 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 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 3 3/12/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -. 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 4 3/12/91 REV. 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: /// - /// /// 5 3/12/91 REV. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 6 3/12/91 REV. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /// /// /// /// /// /// /// 7 3/12/91 REV. 1 2 '3 4 5 6 7 8 9 10 11 12, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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$9yay Of, 19%. DEVELOPER: GA . TARQUINIO, VICE PRESIDENT . -ctige Of signatory) By: ROBIN ADAMSON, ASSISTANT SECRETARY (title of signatory) APPROVED AS TO FWU#: VINCENT F. BIONDd, JR. CM'WD 84-502 8 “, I. ,‘nr: .CLII--*‘- #‘.I’ # _’ . . Qt... 1 ;;. - -- *j- r, il?-&Jg..9$,&, i . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 //I /// /// /// /// /// /// /// //L 1 . 1 2 3 4 5 6 7 8 9 10 11 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 15 16 17 18 CMWD 84-502 20 21 22 23 24 25 26 27 28 2