HomeMy WebLinkAbout1991-08-06; Municipal Water District; 122; Approval of Fairways CT 90-23. CARLSBAD M-IICIPAL WATER DISTRICT - -3ENDA BILL
APPROVAL OF FAIRWAYS CARLSBAD TRACT 90-23 CMWD PROJECT NO. 82-405
RECOMMENDED ACTION:
Adopt Resolution No. ')5/ for approval of Fairways, Carlsbad Tract 90-23, CMWD Project No. 82-405 and acceptance of Onsite Water System Improvements Agreement No. I, Offsite Water System Improvements Agreement No. II and Temporary Water System Supplemental Agreement No. III.
ITEM EXPLANATION:
Fieldstone/La Costa Associates Limited Partnership, developers of the Fairways project have submitted completed plans and agreements for water system site improvements. Performance guaranties in the sum of $402,600 for onsite improvements and $40,400 for offsite improvements have been posted to guarantee the improvements. This subdivision lies on the south side of Alicante Road, between Altisma Road and Corte De La Vista.
It is recommended that the Board of Directors approve Fairways, Carlsbad Tract 90-23, CMWD Project No. 82-405, authorize the District Engineer to sign the improvement plans and the President to sign the onsite, offsite and supplemental water system improvements agreements.
FISCAL IMPACT:
None.
EXHIBITS:
1. Location Map.
2. Onsite, Offsite and Supplemental Water System Improvements Agreements for Fairways, Carlsbad Tract 90-23, CMWD Project No. 82-405.
3. Resolution No. ?s/ approval of Fairways, Carlsbad Tract 90-23, CMWD Project No. 82-405 and acceptance of Onsite, Offsite and Supplemental Water System Improvements
Agreements.
CMWD 82-405
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LOCATiOiV /‘MP SCUE: /w%w’
VICINITY MAP R macut
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AGREEMENT I -
WATER SERVICE IMPROVEMENTS AGREEMENT
REGARDING
FAIRWAYS
CARLSBAD TRACT go-23 $...' '9 -"a;$~
(Agreement No.'i,~ - 0nsite"Improvements) *'I " ,
,,+y?% 1 is ! ‘... This Agreement entered,into on -6 , 19 91, _I. - 9, &z- Y$ .I 4 , .'
between CARLSBAD MUNICIPAL WATER,%DISTRICT (hereinafter ltDISTRICTl~) a L ‘ " 1 and Fieldstone/J,a Costa Associates Limited Partnership, a California Limited
Partnership, 9'
(hereinafter ltDEVELOPERtl), with respect to the following facts: ‘/
A. DEVELOPER is'about to present the map identified as II "2 . , ,' f -. ;' \ ; C&bad Tract 90-23, Fairwavs
i II 3 .
-.. . p< :
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r” ,’ (the "subdivision") to*"'the City of Carlsbad for final approval . . .:, /< 'a , a-
under the Subdivision Map Act of,the State of California and
J represents 'that DEVELOPER islin compliance with the provisions of i.' I
the City of Carlsbad;s ordinances applicable to the filing and ',' h 1 "y-M. .n r .: approval of subdivision*-maps. f .i' ':‘ The property encompassed by the p ,‘ subdivision lies within the ' ; / boundaries.of the DISTRICT. p ;" /' f^. - -:
B. O'Day Consultants bf iarlsbad, California
has prepared plans and
specifications for the construction of the water system and all
onsite facilities necessary to provide water service to the
subdivision. The plans and specifications are identified as
Improvements for Fairways, Carlsbad Tract 90-23
consisting of 20 sheets,
and are incorporated herein by reference (ltplans't). The plans and
specifications for the onsite water improvements, which are the
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subject of this Agreement, are set forth on all sheets of those
plans (ltimprovementstt) . The DISTRICT Board of Directors has
approved the plans.
C. DEVELOPER and the DISTRICT have entered into the
following agreement/agreements, concurrently with and related to
this Agreement, all/both of which together provide for the
construction of a complete public water system to serve the
subdivision:
(1) Agreement II, Offsite Improvements (Relocation)
(2j Aqreement III, Supplement (Temporary Water System)
These agreements will hereinafter collectively be referred to as
"the related agreements."
Il. No present commitment is required of the DISTRICT as
to water service to the lots in the above-described subdivision.
NOW, THERFFORE, 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:
. DEVELOPER agrees to
construct, or cause to be constructed, all of the onsite water
improvements set forth in the plans as described above within one
(1) year from the date of this Agreement. The improvements 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 standards for pipeline construction which have been
adopted by the DISTRICT. DEVELOPER shall construct the
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improvements at its sole cost and expense, and without cost or
expense to the DISTRICT.
2. Insnection Fees and Denosits. 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 *nspection, 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 Ordinance 29, approved June 15, 1988. DEVELOPER
shall remit to the DISTRICT the fee of $ 7,650.OO I being
the estimated amount of the DISTRICT expenses, at the time this
Agreement is executed.
3. Dedication and Acceatance of Improvements. Upon
completion of the improvements in'accordance with the plans, as
determined in good faith by the DISTRICT's Manager and the
DISTRICT's Engineer, IXWELQFEEE shall icate, 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) All improvements proposed to be constructed in said
subdivision, including but not limited to, streets, curbs, drains,
sewer, gas and utility lines and the improvements required for the
complete water system and necessary appurtenances thereto, as set
forth in this Agreement and the related'agreements, shall have been
completed as determined reasonably and in good faith by the
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DISTRICT's engineer.
(b) DEVELOPER, at its own expense, provides to the
DISTRICT all documents and title policies necessary to vest and
insure record title in the DISTRICT of 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 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 recommendation of the
DISTRICT Manager and the DISTRICT Engineer.
4, Interim Haintenance of Imnrovements . DEVELOPER shall
be responsible for l&e care, maintenance and repair of all damage
to the improvements constructed under this Agreement until such
time as all water systezk public fiuprwements to be constructed
under this and the related agreements between DEVELOPER and the
DISTRICT have been completed and dedication thereof has been
accepted by the DISTRICT.
5. Guaranty of Work and Materials. DEVELOPER
guarantees, for a period of one (1) year after the DISTRICT accepts
dedication thereof, that the improvements shall be free of any
defects in materials and/or workmanship. DEVELOPER shall repair or
replace without cost to the DISTRICT, any defect in workmanship or
materials which occurs within that time. The DISTRICT shall
notify the DEVELOPER in writing of any such defect. DEVELOPER
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shall begin repairs within ten (10) days after receipt of such I I notice, and shall proceed expeditiously to complete the repairs I within that time, 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 pay the cost thereof upon written demand by the
DISTRICT.
6. Water Service and Occunancv Unon Comnletioq. There
shall no&'- 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 system for the
subdivision and title of all improvements, appurtenances, easements
and rights-of-way which are ZL part of.such system. This provision
does not limit DEVELOPER from requesting, or the DISTRICT from
providing, temporary water service to the subdivision to be used
during construction. Other temporary water service may be allowed
under terms and conditions agreed to between the DISTRICT and
DEVELOPER.
7. Bond or Other Guaranty. DEVELOPER shall furnish and
deliver to the DISTRICT a performance guaranty in the penal sum of
$402,600.00 to insure faithful performance by DEVELOPER of
all obligations under this contract. The guaranty shall be in the
form of a Faithful Performance/Warranty/Labor and Materials Bond
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1 issued by a reliable surety company, as determined by DISTRICT,
authorized to do business in the State of California, or such other
1 form of written guaranty as is acceptable to the DISTRICT.
I 8. Notices. All notices or other communications
1 required or permitted under this Agreement shall be sent by
registered or certified mail, return receipt requested, postage
prepaid, addressed as follows:
To DEVEICIOPER: Mike Stewart
Fieldstone/La Costa Associates
5465 Morehouse Drive, Suite 250
San Dieqo, California 92121
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, and the obligations 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 Car&bad as to which entity has the right to provide
retail water service to the subdivision, among others, and the
right to hold legal title to all public improvements necessary to
provide such service. The DISTRICT filed an action for declaratory
relief in the North County Branch of the Superior Court of the
State of California 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 Agreement are subject to the
judgement, judicial declaration, settlement or other determination
made in the above-described legal proceeding on June 29,
1983.
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. 10. Severability of Provisions. The invalidity or
illegality of any provision 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
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. Governina Law. This Agreement and any amendments
hereto shall be governed by, construed and enforced in accordance
with the laws of the State of California.
13. Construction and Internretation. This Agreement is
one of ttiee (31 related agreements between DEVELOPER and the
DISTRICT pertaining to the construction of water system public
improvements for the subdivision. This Agreement contains the
entire understanding and agreement of the parties as to the onsite
improvements portion of the water system. Where possible, all/both .
related agreements shall be construed in harmony with each other,
to effectuate the parties! intent to construct a complete water
system for the subdivision. However, the specific provisions of
this Agreement shall prevail over any conflicting provision of any
other related agreement insofar as they pertain to onsite water
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C.
improvements. This Agreement and the related agreement/agreements
contain the entire understanding and agreement of the parties as to
the construction of the complete water system for the subdivision,
and supersede all prior agreements, statements, discussions,
representations and understandings pertaining to that water system. - ?,-="1 . ‘*-Yh
14. Attornev's'Fees. The p&&ailing party in any action I. >.? - ~:% ._' at law or in eq inglarbitration; brought to enforce or
prevent the bre s Agreement, or' any provision hereof, i i ' including ,:but.--.not' limited to 'any action for injunctive or
declaratory rei;ief, shall be entitled to attorney's fees and costs :
incurred in such action, including those incurred in any appeal. 'I~ ._, ; ', v'
: 15. Authoritv to Sign. The individuals who sign c. .., !,+
this Agreement on behalf/of 'the undersigned partnership
; certify that they have the authority and approval to do so on .* /*- ,-, ,' 4.. behalf of such wrtnership .
'IDEVELOPER
day.of-' '. '. Executed by District
.:' t:
ig'4/. .) this 8"‘ day of
T,.- .*' &t&&~~ " I 1gq2 i . . . DEVELOPER: ,,,:^ ' .:, :: ‘t- r
” (see attached)
(name of developer) i $
By:
/ ,,. (sign here) / Board of Directors
WATER
.dent
Y Assistant Secretary (title of signatory) APPROVED AS TO FORM:
(sign here)
Assistant Secretary (title of signatory)
CMWD 82-405
8 3/20/91 REV.
l WATER SERVICE IMPROVEMENTS AGRJZNENT
(Agreement No. I - Onsite Improvements)
LIMITED PARTNERSHIP,
a California limited partnership, as Owner:
By: The Fieldstone Company, A California Corporation, General Partner /-' _-
1 1st.
COUNTY OF,, I
u ,,z c before me. the undersigned. a Notary Public in and lor
z 44 en and
0 fi m personally known lo me (or proved lo me on lhe
the corpora:ion therein named. and acknowledged lo me that
suchcorporalion execuled lhewithininstrumen: pursuant toils
by-laws or a resolulion of hs board 01 directo:s.
WIThtESS my hand and obicial seal.
Sipnalure (This area lor otlicial no:arial seal]
lss. I QJ z r before me. Ihe undersigned, a Nolaty Public in and lor
‘Z said Slate. personally appeared STUQtT
.o ; E personally known lo me (or proved lo me on the
<F I- CE
basis of salis!aclofy evidence) IO be lhe persons who executed the within instrumenl as
iiE STbN-6-r Secrelary. on behall 0, -0 c&Q--
EV =e c-0 2s the corporalion therein named. and acknowledged to me
-5 z such corporalion execuled lhe within instrument pursuant to its I-
I bylaws or a resolution of its board 01 directors.
g
;; M’ITfiESS my hand and oflicial seal.
me
8
a Signature A . (This area lor ofiicial notarial seal)
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AGREEMENT II -
WATER SYSTEM IMPROVEMENTS AGREEMENT
REGARDING
FAIRWAYS
CARLSBAD TRACT go-23
*-:“? (Agreement No. '11 - ' Offsite Improvements)
,.f?y. (RelocaQon and Right*to,uLe Facilities) .$A"‘.. ?\ Location:! Southwest comer of Al&ante Road and ‘i :.
,i"'-.Corte De La Pina i
?’ : i ;
ThisAgreement entered into on /-a=& - , 19 91 , / between CARLSBAD MUNICIPAL WATER DISTRICT (hereinafter "DISTRICT") I** ,_
and Fielkstone/La Costa Associates Limited Partnership, a California Limited
Partnership ,i*. I
(hereinafter "DEVELOPERtl)','with respect'to the following facts: 8' ., t\ ,' k
A. DEVELOPER"'*is.about to present the map identified as _ *: . . _: /,.c..* i c‘- a^ . . -4 Carlsbad Tract 90-23, Fairways
c *. i
3 _‘ . . : (the t'subdivisiontt) _* _ *. to.+the City of Carlsbad for final approval
.$' p . ,.. *
under the Subdivision Map Act of the State of California and I' ,A ,a$ ,*I
represents that DEVELOPER is in compliance with the provisions of k f ! " ," I"? ., ', ",
the City of Carlsbad's 'ordinances applicable to the filing and
approval of subdivision maps. The property encompassed by the
subdivision lies within the boundaries of the DISTRICT.
B. O'Day Consultants of Car&bad California
has prepared plans and
specifications for the construction of the water system and all
offsite facilities necessary to provide water service to the
subdivision, which include the relocation of existing
twelve inch (12") A.C.P. as illustrated
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by the diagram which is attached hereto as Exhibit IIAII and
incorporated herein.
The plans and specification are identified as
ImpOvement Plans for Fairways, Car&bad Tract go-23 consisting
of 20 sheets, and are incorporated herein by reference
("planss) . The plans and specifications for the relocation of the
water lines which are the subject of this Agreement, are set forth
on all sheets of those plans ("improvements*@). The DISTRICT Board
of Directors has approved the plans.
C. DEVELOPER and the DISTRICT have entered into the
following agreement/agreements, concurrently with and related to
this Agreement, all/both of which together provide for the
construction of a complete public water system to serve the
subdivision:
(1) Agreement I, Onsite Imzovements
(21 mnt III (SuPP~mntal) Tmmorary Water System
(3)
These agreements will hereinafter collectively be referred to as
"the related agreements".
D. 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 Imorovements. DEVELOPER agrees to
construct, or cause to be constructed, all of the improvements set
forth in the plans as described above within one (1) year from the
date of this Agreement. The improvements shall be constructed in
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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 standards for
pipeline construction which have been adopted by the DISTRICT.
DEVELOPER shall construct the improvements at its sole cost and
expense, and without any cost or expense to the DISTRICT.
2. wpection Fees and Costs. DEVELOPER agrees to pay
to the DIST'RTCT, 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 Ordinance 29
approved June 15, 1988. DEVELOPER shall remit to the DISTRICT the
fee of $ 1,62Q.00 I being the estimated amount of the
DISTRICT expenses, at the time this Agreement is executed.
3. Dedication and Acceotance of Imorovements. Upon
completion of the improvements in accordance with the plans, as
determined in good faith by the DISTRICT's Manager and the
DISTRICTIs 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) All public improvements proposed to be constructed
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in said subdivision, including but not limited to, streets, curbs,
drains, sewer, gas and utility lines and the improvements required
for the complete water system and necessary appurtenances thereto,
as set forth in this Agreement and the related agreements, shall
have been completed as determined reasonably and in good faith by
the DISTRICTts Engineer.
(b) DEVELOPER, at its own expense, provides to the
DISTRICT all documents and title policies necessary to vest and
insure record title in the DISTRICT to all easements and/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 not be unreasonably withheld.
(c) DEVELOPER provides to the DISTRICT a statement
setting forth the actual cost of constructing the improvements.
The DfSTRICT8s Board of Directors shall accept the
dedication on behalf of the DISTRICT upon the recommendation of the
DISTRICT Manager and DISTRICT Engineer.
4. Interim Plaintenance of Imorovements. DEVELOPER
shall be responsible for the care, maintenance and repair to all
damage to the improvements constructed under this Agreement until
such time as all water system public improvements to be constructed
under this and the related agreements between DEVELOPER and the \
DISTRICT have been completed and dedication thereof has been
accepted by the DISTRICT.
5. Interim Utilization of Public Water Svstem Prior to
Final Acceptance for Operation and Maintenance. Included in the
public improvements to be constructed is a section of pipeline that
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is to be relocated in the area of the reconstruction and new
construction of twelve inch (12") steel water main
The DEVELOPER will construct a new water main facility, following
which an existing pipeline system of the DISTRICT will then be
abandoned. The DISTRICT shall have the right to utilize the new
water system facilities prior to the formal acceptance of the
public water systeat facilities.
6. Guarantv of Work and Materials. DEVELOPER
guarantees, for a period of one (I) year after the DISTRICT accepts
dedication -areof, that the improvements shall be free of any
defects in materials and/or workmanship. DEVELOPER shall repair or
replace, without cost to the DISTRICT, any defect in workmanship or
materials which occurs within that time. The DISTRICT shall notify
DEVELOPER in writing of any such defect. DEVELOPER shall begin
repairs within ten {IO) days after receipt of such notice, and
shall proceed ewitiously to oomplete the repairs within a
reasonable time. Should DEVELOPER fail to begin repairs within
that time, the DISTRICT is authorizti 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
pay the cost thereof upon written demand by the DISTRICT.
7. Water Service and Occunancv Uoon Comoletion. There
shall not be any permanent water service provided to any parcel of
land within the subdivision, nor shall occupancy of any permanent
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improvement with the subdivision be permitted, until the DISTRICT
has accepted dedication of the complete water system for the
subdivision and title of all improvements, appurtenances, easements
and rights-of-way which are a part of such system. This provision
does not limit DEVELOPER from requesting, or the DISTRICT from
providing, temporary water service to the subdivision to be used
during construction. Other temporary water services may be allowed
under terms and conditions agreed to between the DISTRICT and
DEVELOPER.
a. Bond or Other Guarantv. DEVELOPER shall furnish and
deliver to the DISTRICT a performance guaranty in the penal sum of
$ 40,400.00 to insure faithful performance by DEVELOPER of all
obligations under this contract. The guaranty shall be in the form
of a Faithful Performance/Warranty/Labor and Materials Bond issued
by a reliable surety company, as determined by the DISTRICT,
authorized to do business in the State of California, or such other
form of written guaranty as is acceptable to the DISTRICT.
9. 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:
To DEVELOPER Mike Stewart Fieldstone/La Costa Associates
5465 Morehouse Drive, Suite 250 San Dieqo, California 92121
To DISTRICT Robert J. Greaney, General Manager CARLSBAD MUNICIPAL WATER DISTRICT 5950 El Camino Real Carlsbad, California 92008
10. Benefit and Burden. This Agreement shall inure to
the benefit of, and the obligations created hereby shall be binding
6 3/12/91 REV.
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upon the heirs, successors and assigns to the parties hereto. The
DISTRICT acknowledges that there did exist a dispute between it and
the City of Carlsbad 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 such service. The DISTRICT filed an action for declaratory
relief in the North County Branch of Superior Court of the State of
California for the County of San Diego, case no. N20027, to resolve
that disputer. The DISTRICT and the City of Carlsbad have settled
this lawsuit. The parties hereto agree that their rights and
obligations under this Agreement are subject to the judgment,
judicial declaration, settlement or other determination made in the
above-described legal proceeding on June 29, 1983.
11. Severabilitv of Provisions. The invalidity or
illegality of any provision of this Agreement‘shall not affect the
validity or enfor&@nt of the remaafnder of this Agreement. If any
provision or term hereof is found to be invalid or unenforceable,
the rest of the Agreement sltall" in if' full force and effect as
though the invalid or unenforceable provision was not a part,of the
Agreement.
12. Waiver or Amendment. No provision of this
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.
13. Governinc Law. This Agreement and any amendments
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hereto shall be governed by, construed and enforced in accordance
1 with the laws of the State of California.
14. Construction and Internretation. This Agreement is
one of three (3) related agreements between DEVELOPER and the
~ DISTRICT pertaining to the construction of water system public
improvements for the subdivision. This Agreement contains entire
understanding and agreement of the parties as to the offsite
improvements portion of the water system. .Where possible, all/both
related agreements shall be construed in harmony with each other,
to effectuate the parties' intent to construct a complete water
system for the subdivision. However, the specific provisions of
this Agreement shall prevail over any conflicting provision of any
other related agreement insofar as they pertain to offsite water
improvements. This Agreement and the related agreement/agreements
contain the entire understanding and agreement of the parties as to
the construction of the complete water system for the subdivision,
and supersede all prior agreements, statements, discussions,
representations and understandings pertaining to that water system.
15. AttorneYIs Fees. The prevailing party in any action
at law or in equity, including arbitration, brought to enforce or
prevent the breach of this Agreement, or any provision hereof,
including but not limited to any action for injunctive or
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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16. Authority to Sisn. 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 .
y DEVELOPER Executed by DISTRICT
:: ,this Jtk day of Autusr I 19qc. A "-y, :. .3, ', iy L DEVELOPER: 6 : i 3 ,a: ., -'"t 'DISTRICT:
f ;, ’ (&ss&TG4 See, fCTCLr-qiS i. .
(title of, signatory) 1 '*x~,, ~<‘J .I
APPROVED ASTO+FORM: -; i
i; .'
CMWD 82-405
9 3/12/91 REV.
o Board of Directors
‘. ’
“,
WATER SYSTEM IMPROVEMENTS AGREEMENT
(Agreement No. II - Offsite Improvements)
Executed b DEVELOPER this 3dday
FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP,
a California limited nartn-r-br- -- nr.rn*ur
I
155.
I 0,’ z On before me. Ihe undersigned, a Notary Public in and lor i-
=; said Stale. personally appeared c ( C’ttlrIdrC
.I! t; 1
E , Personally known lo me (or proved lo me on Ihe
<2 zg basis Of SatiSfaClOQ evidence) 10 be the persons who executed the wi!hin instrument as
CE e.&&&@f?5%-<7ix et - Secretary. on behalf o: w 4 -0
sv c \c s%hd . f/>-,d(i4k =a 60 a: lhe corporation therein named, and acknowledged to me th c s -3 ; suchcorporalionexecutedIhewithininstrumentpursuanttoits --
r by-laws or a resolution o! its board oi directors.
FT
f; WlifiESS my hand and otlicial seal.
.- I;u
8 C-J Signature J (This area lor otficial no:arial seal)
.Y .Z before me, Ihe undersigned, a N6tat-y Public in and 101 ,- IC r. and
.o zl personally known to me (or proved IO me on the
E < g basis of satislactofy evidence) lo be the persons who executed the within instrument as ssm T
Zd ‘C E cc tCCk* -Pt&dmt an ,-A - T Secrelaty. on behall 0,
-0 CO 00 zo EZ the corporation therein named. and acknowledged lo me thal
‘2 2 u_c. such corporation execuled the within instrument pursuant lOitS
I .’ by-laws or a resolution 0: its board 01 directors.
s 0 g WliAESS my hand and otiicial seal.
w! , .
8 0 Signature J (7his area ior o?ticial notarial Seal)
I
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\Zi’Ac?To BE ,. 7;. t
L
w\-aTm .- --- -- -
;rn/ LocKnoN V$ Rw3clAi~~
-I - -! ,‘,
I
4P -___------- -C--L- _--- -- _- *--- --- ---\ _ ml--J
c- -ND--m---- -q---- --c -
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Jd LL- ----
,~ug@v. SO‘/’ - b7 -0-Z ‘\ ~“,P-r,1~ -- --m-
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AGREEMENT ~1
WATER SYSTEM IMPROVEMENTS AGREEMENT
REGARDING
FAIRWAYS
CARLSBAD TRACT 90-23
Supplemental into on ,‘ '_
, between'CARLSBAD MUNICIPAL WATER DISTRICT I : :
(hereinafter,'llDTSTRICT1l) and F;'ield&one/La Costa Associates Limited
Partnership, a California Limited Partnership, (hereinafter"DEVELOPER") ..' e . i.
with respect to the following facts: ' '" . .- ./ /"7 ,i : A. DEVELOPER,is about to present the map'identified as ii % t /
Car&baa Tract 90-23: Fairways & *I , ,* he"</ .II
.:- :-:,,i (the lIsubdjvisionl!).:::to the City of Carlsbad for final approval :. I '* '. ! , '.', under the SubdivisionMap Act of the State of California and ,i* *‘) '._ 1, -v+-
represents that DBV#FLOPER is in compliance with the provisions of
the City of Carlsbad~~k~ord,inances applicable to the filing and
:; rp * 5
approval of subdivision maps: :.'~The,'property encompassed by the
subdivision lies within the boundaries of the DISTRICT.
B. O'Day Consultant's of Carlsbad, California
is preparing plans and'
specifications for the construction of the water system necessary
to provide water service to the entire subdivision. The plans and
specifications are identified as Improvement Plans for Fairways,
Carlsbad Tract 90-23 consistingof 20 I
sheets. The DISTRICT Board of Directors has not approved the
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plans.
C. Plans and specifications for the construction of the
public water system for said subdivision have been prepared and are
currently being reviewed by the DISTRICT.
D. O'Day Consultants of Carl&ad, California
has prepared a plan
for construction of a temporary bypass pipeline which will
accommodate the grading operations of the subdivision. The plan is
entitled Inqrovement Plans for Fairways, Carlsbad Tract 90-23
consisting of 1 sheet&
or sheet@ 19 of 20 sheets,. and dated October 4, I 1990,
and is incorporated herein by reference.
E. DISTRICT has evaluated the proposal for the
construction of a temporary bypass line and has determined that
water service c&n be continued utifizing the proposed system.
NOW, FORE, in consideration of the covenants and
conditions set forth below, the un&eXsigned agree as follows:
1. DEVELOPER shall c%x&x%& the "temporary bypass
pipeline" as set forth in the approved plans and specifications
prior to the commencement of any work for removal of the
existina twelve inch (13") A.C.P. Water Main that provides
water service to DISTRICT customers. After completion of all
construction, pressure testing, and disinfection of the system, the
DISTRICT shall permit the activation of the bypass system at such
time there will be a minimum disruption of service.
- 2. DEVELOPER shall be responsible for the maintenance
and repair of the bypass pipeline during the entire period of
utilization and upon conclusion of its need as determined by the
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DISTRICT, shall completely dismantle and remove the entire system.
3. DISTRICT shall exercise the control of water system
operations and in the event of an emergency, the DISTRICT.shall
also exercise the authority to repair the pipeline in order to
restore service. DEVELOPER shall reimburse the DISTRICT for all
F-4 _,.I<. .-' -xx__
expenses incurred for such',emergency,.conditions.
/ ‘,,&"" "3t. ! "1.. \ '. Pi '*.,,^,"? --.t \
Executed by DEVELOPER ':%, ?" ' Executed by DISTRICT this day of : - :. this gfh day of ,19 . p-i-- 27" '9* _,_( DEVELOPER:' I.. -., DISTRICT: ~ * ,:('
(see attached) r"
(name of developer) ii ,j' (/P‘
By: ;;;' : r'.. .r % $3 $2. (sign'here) :, i +f; \ i \ i : 'I\ ,' ," .:* (_ I'_ ' _,* I* By: .,-at ,I
V -. .: i E ;q f y* ,; 'i, _ ::
B ‘. j ,*‘ 1 8) ; ,i it:
CMWD 82-405
3 3/12/91 REV.
WATER SYSTEM IMPROVEMENIS AGREENENT (Agreement No. I.11 - Supplemental Agreement)
FIELDSTONE/LA COSTA ASSOCIATES LIMITED PARTNERSHIP, a California limited partnership, as Owner:
By: The Fieldstone Company, A California Corporation, General Partner
By: MIKE STEWART, Assistant Secretary
” = beiore me, Ihe UnderSiQned, a Notary Public in and tor i=
5 said Stale, personally appeared .!? ii personally known IO me (or proved 10 me on the
gl,
2’“c
basis of satistactory evidence) 10 be the persons who executed the within instrument a5
iiE s% T’I; Ai- Secretary, on behall o8
-0
go V-A- Ch-a-
z 0 Eg the corporalion lherein named, and acknowledQeC b me thal
-5 $ such corporation executed the within instrument pursuanl 10 its
i- by-laws or a resolution o! its board ot directors.
iu’ ? WlTtijESS my hand and otficial seal. e n 1
: z 3 Signature 1 (This area tor otiicial notarial seal)
CMWD 82-405
7IYEMPORARY L/iT --- ” Y ./---
Fib+ fob- 7&7por~f-y Ui - /he ir, Fbir wo y s
PRCWECT -/bw/wE l * PRO3EW-
Am.
CARLSBA/3 TiPACT NO* 90-33 CM VVD
FAhmAA4 YS 82-405
EXH/BI7-
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RESOLUTION NO. 751
RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT FOR APPROVAL OF FAIRWAYS, CARLSBAD TRACT 90-23, AND ACCEPTANCE OF ONSITE AGREEMENT NO. I, OFFSITE AGREEMENT NO. II AND TEMPORARY WATER SYSTEM SUPPLEMENTAL AGREEMENT NO. III FOR WATER SYSTEM IMPROVEMENTS, CMWD PROJECT NO. 82-405
WHEREAS, FIELDSTONE/LA COSTA ASSOCIATES LIMITED
PARTNERSHIP, a California limited partnership, have submitted
completed plans and three agreements for onsite, offsite and
temporary water system supplemental for Fairways, Carlsbad Tract
90-23, CMWD Project No. 82-405; and
WHEREAS, it is recommended that the Board of Directors of
the Carlsbad Municipal Water District approve Fairways, Carlsbad
Tract 90-23, CMWD Project No. 82-405 and authorize the District
Engineer to sign the improvement plans and the President to sign
the onsite, offsite and temporary water supplemental agreements:
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 Fairways, Carlsbad Tract 90-23,
CMWD Project No. 82-405 and acceptance and authorization for the
//I/
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District Engineer to sign the improvement plans and the President
to sign Agreement I - Onsite Improvements, Agreement II - Offiste
Improvements and Agreement III - Temporary Water System
Supplemental Agreement for water system improvements is
incorporated herein by reference, is accepted.
PASSED, APPROVED AND ADOPTED at a meeting of the Board of
Directors held on the 6th day of August I 1991 by the
following vote, to wit:
AYES: Board Members Lewis, Kulchin, Larson and Stanton
NOES: None
ABSENT: Board Member Nyga
ATTEST:
(SEAL)
CMWD 82-405
2