HomeMy WebLinkAbout1997-10-07; Municipal Water District; 390; ACCEPTANCE AND APPROVAL OF REIMBURSEMENT AGREEMENT FOR THE OVERSIZING OF RECLAIMED WATER PIPELINE FOR COBBLESTONE SEA VILLAGE (CT 84-32A/CMWD PROJECT NO. 82-302)b
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DEPT. AB# 370 TITLE;
MTG. 10/07/97 THE OVERSIZING OF RECLAIMED WATER CITY I
C,TY, DEPT. CMWD
P CARLSB 8 MUNICIPAL WATER DISTR iT - AGENDA BI
ACCEPTANCE AND APPROVAL
OF REIMBURSEMENT AGREEMENT FOR
PIPELINE FOR COBBLESTONE SEA VILLAGE,
TRACT 84-32(A), CMWD PROJECT NO. 82-302
RECOMMENDED ACTION:
Adopt Resolution No. 9s 8 , for acceptance and approval of Reimbursement
the Oversizing of Reclaimed Water Pipeline for Cobblestone Sea Village, -
CMWD Project No. 82-302.
ITEM EXPLANATION:
On April 8, 1997, Greystone Homes, Inc., developers of the subject project, prc
identified as “Carlsbad Tract 84-32(A), Cobblestone Sea Village,” (the subdivisic
of Carlsbad for final approval under the Subdivision Map Act of the State of
represented that the Developer was in compliance with the provision of the Cit!
ordinances applicable to the filing and approval of subdivision maps. The Ci
granted approval of the Tract Map by adoption of Resolution 97-428.
encompassed by the subdivision lies within the boundaries of the District.
To develop this subdivision requires the relocation of an existing twelve (12”)
reclaimed water pipeline into proposed streets. This pipeline was constructeG
water pipeline but was converted to a reclaimed water pipeline when the Phas
Water System was developed in 1993. Based on a recent review of demands
water in a master plan update, this pipeline is required to be eighteen (1 8”) inche
The District, therefore, is requesting the Developer to oversize the pipeline fro1
inches to eighteen (18”) inches in diameter. District will pay for oversizing costs.
The Developer is willing to oversize the pipeline and has requested a reimbursem
for the increase in construction cost. The District staff has reviewed the facility cc
request and recommends that a reimbursement agreement be accepted and a
reimbursement agreement prepared for this pipeline calls for the District to
Developer one hundred (1 00%) percent for the oversizing of the relocated pipelinl
diameter to 18 inch diameter, as set forth in the reimbursement agreement, and r
Developer the total cost amount of $279,539 upon completion of the construction.
The Developer has submitted to the District all financial documents to establish
value of the facility. The District has made the final determination as to the actu;
cash payment to be made. The staff recommends that the Board of Direct0
approve the reimbursement agreement, authorize the President to execute the r
agreement for the oversizing of the reclaimed water pipeline for Cobblestone St
direct the Secretary to record the document.
ENVIRONMENTAL IMPACT:
This pipeline will be in public streets and was included in the environmental
approved June 4, 1984, and the mitigated negative declaration approved Augu!
Tract 84-32(A).
$II 0 PAGE 2 OF AGENDA L NO. 39O
FISCAL IMPACT:
The reimbursement of the estimated total cost amount of $279,539.00 for the
inch reclaimed water pipeline will be obtained from the Major Facilities Fees
improvement projects. The cost for the pipeline oversizing qualifies for inc
existing agreement with MWD for their rebate program. Staff will enter the co:
into the annual expense for reclaimed water capital cost.
EXHIBITS:
1. Location Map.
2. Reimbursement Agreement.
3. Resolution No. 9 9 8 for acceptance and approval of Reimbursem
for the Oversizing of Reclaimed Water Pipeline for Cobblestone Sea Vi1
32(A), CMWD Project No. 82-302.
PROJECT NAME: Project No.
COBBLESTONE SEA VILLAGE 82-302
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RESOLUTION NO. 998
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD,
CALIFORNIA, FOR ACCEPTANCE AND APPROVAL OF
REIMBURSEMENT AGREEMENT FOR THE OVERSIZING OF
RECLAIMED WATER PIPELINE FOR COBBLESTONE SEA
VILLAGE, TRACT 84-32(A). CMWD PROJECT NO. 82-302
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District (
California has determined it necessary and in the public interest to accept ai
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execution of a Reimbursement Agreement for the oversizing of the reclaimed water
Cobblestone Sea Village, Tract 84-32(a), CMWD Project No. 82-302, in accord;
request of Greystone Homes, Inc., a Delaware Corporation, developers c
Cobblestone Sea Village, which provide for reimbursement of construction of over!
reclaimed water pipeline, more particularly described within the Reimbursement
regarding Carlsbad Tract 84-32(A), Cobblestone Sea Village; and
WHEREAS, plans and specifications for the construction of the reclaimed u
improvements in Cobblestone Sea Village have been prepared by the Carlsbad Mui
District engineering staff and the following reclaimed water facility has been deter1
staff to be eligible for reimbursement as follows: District will reimburse Developer
percent (100%) for the oversizing of the twelve (12”) inch diameter reclaimed watc
an eighteen (18”) inch diameter reclaimed water pipeline with a reimbursement of
amount of $277,039 after acceptance of the reclaimed water system by the District;
WHEREAS, the reimbursement of the total cost amount of $279,539 wil
from the Major Facilities Fees fund for Capital Improvement Projects.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of
Municipal Water District of Carlsbad, California as follows:
1. That the above recitations are true and correct.
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2. That the oversizing of the twelve (12”) inch diameter pipeline to an eigh
inch diameter pipeline will be constructed for the amount of $279,539 and the pla
eighteen (18”) inch reclaimed water pipeline which are on file with the Carlsbad Munic
District are incorporated herein by reference and are accepted.
3. That funds in the amount of $279,539 for the eighteen (18”) inct
reclaimed water pipeline be appropriated from the Reclaimed Water fund f
Improvement Projects.
4. That the President be authorized to execute and the Secretary be
record the Reimbursement Agreement regarding Carlsbad Tract 84-32(A), Cobblc
Village Reclaimed Water Pipeline.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsba
Water District held on the 7th day of October , 1997, by the fol
to wit:
AYES: Board Members Lewis, Finnila, Nygaard, Kulchin, and H.
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, Secretary
(SEAL)
CMWD 82-302
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RECORDED REQUESTED BY:
Carlsbad Municipal Water District
AND WHEN RECORDED,
PLEASE MAIL TO
SecretarylCity 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
District (Gov. Code [6103].)
Space above this line for Rc
AG
REIMBURSEMENT AGREEMENT
REGARDING
COBBLESTONE SEA VILLAGE - RECLAIMED WATER PIPELINE
CARLSBAD TRACT 84-32, CMWD PROJECT NO. 82-302
(AGREEMENT NO. 1 OVERSIZING OF PIPELINE)
,.
This agreement is entered into on October 30 , 1997, between CARLSBAt
WATER DISTRICT (hereinafter “DISTRICT”) and GREYSTONE HOMES, INC., A
CORPORATION (hereinafter “DEVELOPER”), with respect to the following facts:
A. On April 8, 1997, by Resolution No. 97-428, City of Carlsbad approved the recc
final subdivision map for Cobblestone Sea Villaqe. Carlsbad Tract 84-32(A). CMWD Proiect N
“subdivision”) and represents that DEVELOPER is in compliance with the provisions of the Citl
ordinances applicable to the filing and approval of subdivision maps. The property encom
subdivision lies within the boundaries of the DISTRICT.
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B. DEVELOPER will construct, as part of the improvements, an eiqhteen (18”) ir PI ’. I
reclaimed water niPeline as shown on Exhibit “A, which has been determinQd by \he D\STR\CT
for reimbursement.
C. DEVELOPER has requested reimbursement from the DISTRICT pursuant to thc
Map Act and DISTRICT Ordinance No. 26 for the cost of constructing the reclaimed v
improvements described in Recital “B”,
NOW, THEREFORE, in consideration of the mutual obligations, set forth below, and the cc
DEVELOPER of the reclaimed water system improvements described above the parties agree as
1. Reimbursement for Increased Size. The DISTRICT shall reimburse DEVELC
difference in cost of constructing the eighteen (18”) inch diameter reclaimed water pipeline CIz
planned and what would have been the cost of a twelve (12”) inch diameter reclaimed water P
same location. The amount of reimbursement is $ 277,039 for construction plus $2,500 for eng
total cost of $279,539.
2. Calculation of Amount to be Reimbursed. DEVELOPER shall determine and 1
DISTRICT the estimated cost of constructing an eiahteen (18”) inch diameter reclaimed water E
DR-25 in the same location as the twelve (12”) inch diameter reclaimed water pipeline will be
DEVELOPER shall also forward to the DISTRICT the actual cost of constructing the eiahtes
diameter reclaimed water pheline. The DISTRICT shall make the final determination, reasonabl;
faith, based on the information provided by DEVELOPER, as to the actual construction cost v
reimbursed to DEVELOPER. The unit prices shown in Exhibit “B” shall be used as a reference.
3. Time of Reimbursement. Payment will be made by the DISTRICT in conformana
9-3, PAYMENT of the Standard Specifications for Public Works Construction, 1997 Edition, for t
work. A lump sum payment for one hundred (100%) percent of the oversizing cost will be made
within thirty (30) days of acceptance of the work by the District.
4. Notice. All notices or other communications required or permitted under this Agree
sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follow
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, 0 Brian Nestoroff
Grevstone Homes, Inc.
495 E. Rincon, Suite 11 5
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To DEVELOPER +.
Corona, CA 91719
To DISTRICT Robert J. Greaney, General Manaqer
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
5. Benefit and Burden. This Agreement shall inure to the benefit of, and the oblig:
hereby shall be binding upon the heirs, successors and assigns of the parties hereto.
6. Severabilitv of Provisions. The invalidity or illegality of any provision of this Agree1
effect the validity or enforcement of the remainder of this Agreement. If any provision or term herc
be invalid or unenforceable, the rest of the agreement shall remain in full force and effect as thoL
or enforceable provision was not a part of the Agreement.
7. Waiver or Amendment. No provision of this Agreement, nor any breach hereof, c
in writing. Waiver of any one breach of any provision hereof shall not be construed as a waiver
of the same or any other provision hereof. This Agreement shall be amended or modified on
agreement signed by the party to be charged with the amendment.
8. Governincl Law. This Agreement and any amendments hereto shall be governed
and enforced in accordance with the laws of the State of California.
9. Construction and Interpretation. This Agreement contains the entire unde
agreement of the parties as to the construction of the complete water system for the subdivision i
all prior agreements, statements, discussions, representation and understandings pertaining
system
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IO. Authoritv to Sign. 9 e individuals who sign this Agreement on behalf of the
corDoration certify that they have the authority and approval to do so on behalf of such comoration.
Executed bygEVELOPER Executed by DISTRICT this '2% day of this 30th day of P*M ,19=. October 1997.
DEVELOPER: D I STRl CT:
GREYSTONE HOMES, INC., A DELAWARE CARLSBAD MUNICIPAL WATER
CORPORATION D ISTRl CT
(name of developer)
By: B
Mvision President CLAUDE A. LEWIS, President
Coastel Valley Board of Directors
(title of signatory) (title of signatory)
APPROVED AS TO FORM:
RON R. BALL, General Counsel
By: (sign here) By: w (sign here)
f+7m ..
(title of signatory)
CMWD 82-302
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On October 20, 1997, before me, Linda Kaniasty, Notary Public for County of San Diego, personally
appeared TODD PALMAER , personally known to me to be the person whose name is subscribed to t
within instrument and acknowledged to me that he executed the same in his authorized capacity and th
by his signature on the instrument, the person or entity upon behalf of which the person acted, executed
the within instrument.
WITNESS my hand and officiaI.sea1. & /GL?$JZ
Linda Kaniasty, Notary Public
CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING:
Individual
- XX- Corporate Oficer
President
Partners
Greystone Homes, Inc., A Delaware
Corporation
Assistant Secretary
4. Corporation as a Partner
Other
TIE3 CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
TITLE OR TYPE OF DOCUMENT: --~Reirnbursemeat Agreerncnt re: reclaiincd Water Pipeline (Cobblestone
NUMBER OF PAGES-4 + resohitioil, exhibit “b” and notary achiowlcdgcment
WER OF SIGNERS 2
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OVERSIZING COST: $