Loading...
HomeMy WebLinkAbout2002-03-26; Municipal Water District; 522; Reimbursement Agreement w/ Western Pacific Housingn w > 0 U a a < .. F n m 2 2 0 CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL saa DEPT. TITLE: APPROVE AND AUTHORIZE !ipF? ITG. LaMa WITH WESTERN PACIFIC HOUSING-POINSETTIA LIMITED EXECUTION OF A REIMBURSEMENT AGREEMENT PARTNERSHIP, FOR WATER AND RECLAIMED WATER PIPELINE CITY Any. @ IEPT. ENG RECOMMENDED ACTION: CITY MGRT IMPROVEMENTS WITHIN POINSETTIA HILL, PROJECT NOS. 35851136752 Adopt Resolution No. I! 4 4 to approve and authorize execution of a reimbursement agreement with Western Pacific Housing-Poinsettia Limited Partnership for water and reclaimed water pipeline improvements within Poinsettia Hill, Project Nos. 35851/36752. ITEM EXPLANATION: The Western Pacific Housing-Poinsettia Limited Partnership is the developer for Poinsettia Hill, Carlsbad Tract No. 93-03. At the request of the District, they constructed a 30-inch diameter potable water transmission pipeline and an 18-inch diameter reclaimed water transmission pipeline in Cassia Road within Poinsettia Hill as a part of the water and recycled water master plans. The 30-inch diameter potable water transmission pipeline and 18-inch reclaimed water transmission pipeline were oversized from 8-inch diameter pipelines required by Tract 93-03. As a condition of project approval, Western Pacific Housing-Poinsettia Limited Partnership is required to construct within Poinsettia Hill, CT 93-03, the water, sewer and reclaimed water pipelines. The pipeline plans, prepared by Hunsaker & Associates, are shown on City Drawing No. 354-9, Sheets 3, 4 and 5, dated August 8, 1997. Western Pacific Housing-Poinsettia Limited Partnership has provided a reimbursement cost estimate of $353,706 for the water and reclaimed water pipeline improvements. what is required to serve the development. The Western Pacific Housing-Poinsettia Limited District Ordinance No. 26 provides for a reimbursement agreement on facilities greater in size than a reimbursement agreement with the District. Partnership has agreed to construct the water and reclaimed water pipeline improvements through ENVIRONMENTAL REVIEW: The Planning Director has determined that the requested action is consistent with CEQA review. A Mitigated Negative Declaration dated November 11, 1993, a Tentative Subdivision Map (CT 93-03), a Condominium Permit (CP 93-02), a Site Development Plan (SDP 93-02), and a Hillside Development Permit (HDP 93-02) were adopted by the Planning Commission and approved by the City Council on April 5, 1996 by Resolution No. 94-93. Thereafter, the City Council approved a one-year extension of time on April 9, 1996 by Resolution No. 96-122. These CEQA documents identify no environmental impact related to the activities referenced in the reimbursement agreements. FISCAL IMPACT The total cost for the work covered by the reimbursement agreements is $353,706 and will be paid from the project appropriation as shown in Table 1 : h Page 2 of Agenda Bill No. 5s TABLE 1 30-Inch Water Transmission Pipeline Reach 1: Cassia Road from El Camino Real to Reach 2 $866,400 Reach 4: Poinsettia Lane from Black Rail Road to Reach 3 $169,042 Reach 3: Aviara Phase 11, Unit No. 1 Reimbursement $248,565 Reach 2: Poinsettia Hill Reimbursement (Project 35851) $233,258 30-Inch Total $1,517,265 18-Inch Reclaimed Water Pioeline There are sufficient appropriations available for the Poinsettia Hill reimbursements. The 30-inch water transmission pipeline will be funded with Water Connection Fees; the 18-inch reclaimed water pipeline will be funded with Water Replacement Funds. EXHIBITS: 1. Location Map. 2. Agreement for reimbursement of costs for the construction of water and reclaimed water pipeline improvements within Poinsettia Hill between Carlsbad Municipal Water District and Western Pacific Housing-Poinsettia Limited Partnership. 3. District Resolution No. 114 4 to approve and authorize execution of a reimbursement agreement with Western Pacific Housing-Poinsettia Limited Partnership, for water and reclaimed water pipeline improvements within Poinsettia Hill, Project Nos. 35851/36752. LOCATIO N MAP EXISTING 18” POTABLE WA TERLlNE (TO BE REPLACED UNDER REACH 1) 18” RECLAIMED * WA TERLINE (REACH 2) EXISTING 18” RECLAIMED WATER PIPELINE (REACH 3, NOT TO SCALE PROJECT NAME WATER AND RECLAIMED WATER PIPELINE PROJECT EXHIBIT 7 IMPROVEMENTS WITHIN POINSE77IA HILL NUMBER CT93-03 35851 DRAW BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 3/6/02 C: \cAPlTAL\~UELBAAC\3585l.D~ EXISTING 12” RECLAIMED WA TERLINE (TO BE REPLACED UNDER REACH 1) 30” POTABLE WA TERLlNE (REACH 2) EXISTING 30” POTABLE WATER PIPELINE (REACH 3) AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF WATER AND RECLAIMED WATER PIPELINE IMPROVEMENTS WITHIN POlNSElTlA HILL, CARLSBAD TRACT 93-03 Between CARLSBAD MUNICIPAL WATER DISTRICT And WESTERN PACIFIC HOUSING-POINSETTIA LIMITED PARTNERSHIP Rev. 1/02/01 AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE CONSTRUCTION OF WATER AND RECLAIMED WATER PIPELINE IMPROVEMENTS WITHIN POINSETTIA HILL, CARLSBAD TRACT 93-03 (WESTERN PACIFIC HOUSING - POINSETTIA L.P.) This Agreement for Reimbursement of Costs for the Construction of Water and Reclaimed Water Pipeline Improvements within Poinsettia Hill, CT 93-03, dated as of A 9 A/1 , 2002 ("Agreement"), is made at San Diego County, California, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water District Act of 191 1, and a Subsidiary District of the City of Carlsbad ("District"), and WESTERN PACIFIC HOUSING, POINSETTIA LIMITED PARTNERSHIP, a California Limited Partnership ("Developer"), with reference to the following recitals; RECITALS A. Developer owned from February 27, 1997 to February 11, 2002 a certain real property commonly known as Poinsettia Hill, located in the City of Carlsbad, California (the "City"), more particularly described as Carlsbad Tract No. 93-03, filed in the Office of the County Recorder of San Diego County on September 12, 1997, as File No. 1997-0443862, Map No. 13475. B. The Planning Commission of the City adopted a series of resolutions on January 5, 1994 approving the Poinsettia Hill project. A Mitigated Negative Declaration dated November 11, 1993, a Tentative Subdivision Map (CT 93-03), a Condominium Permit (CP 93-02), a Site Development Plan (SDP 93-02), and a Hillside Development Permit (HDP 93-02). All of such Planning Commission actions were adopted and approved by the City Council of the City of Carlsbad on April 5, 1996 (City Council Resolution No. 94-93). Thereafter, the City Council approved a one-year extension of time on April 9, 1996 (City Council Resolution No. 96-1 22). C. The Poinsettia Hill project approvals require Developer to install water and reclaimed water pipelines in Cassia Road to meet the needs of the homes and apartments to be built within Poinsettia Hill (the "Project Requirements"). D. The District has requested Developer to install a 30-inch diameter potable water transmission pipeline, an 18-inch diameter reclaimed water transmission pipeline and other improvements in Cassia Road, collectively referred to as the "Water Work" and described more particularly in Section 3 (a) below. E. The District and Developer recognize that the Water Work exceeds the infrastructure otherwise required of Poinsettia Hill. Developer agrees to install or cause the installation of the Water Work provided that the District agrees to reimburse Developer as set forth in this Agreement. -1- Rev. 1/02/01 F. District and Developer acknowledge that Government Code Section 66485 allows the District to require a sub-divider to construct improvements benefiting property outside the subdivision; but Section 66486 requires the District to enter into a reimbursement agreement for such improvements. The parties intend that this agreement satisfies the requirements of Government Code Section 66486. NOW, THEREFORE, the District and Developer agree as follows: 1. Recitals. The Recitals are true and correct and incorporated herein by this reference. 2. Satisfaction of Obliaation. Developer's agreement to perform the Water Work, as set forth herein, and the actual construction thereof, shall fully satisfy and constitute compliance with all requirements regarding Poinsettia Hill solely with respect to the Water Work. 3. General DeveloDer Obliaations. (a) In consideration of the District's reimbursement and other undertakings as set forth herein, Developer agrees to install the Water Work, which shall include the following improvements, as shown on City Drawing No. 354-9, Sheets 3, 4, and 5, dated August 16, 1997, prepared by Hunsaker & Associates (the "Plans") and as shown in the attached Exhibit "A" and "B which is incorporated herein by reference: (i) Oversizing of approximately 2,031 lineal feet of 30-inch diameter steel CML&C (550 HGL) potable water transmission pipeline in Cassia Road; (ii) Oversizing of approximately 1,990 lineal feet of 18-inch diameter ductile-iron (384 HGL) reclaimed water transmission pipeline in Cassia Road; The Water Work shall include all necessary valves and appurtenances, including those necessary to connect the Water Work to the District's pipelines in Cassia Road. (b) Any portion of the Water Work completed before the effective date of this Agreement shall be included as a part of the Water Work for reimbursement, subject to the other provisions of this Agreement. (c) Developer shall install the Water Work substantially in compliance with the District-approved plans and specifications, and other design documentation for the Water Work. (d) Developer shall cause construction of all Non-Reimbursable Work at Developer's cost. -2- Rev. 1/02/01 (e) By entering into this Agreement, Developer waives any and all potential constitutional objections (Nolan/Dolan) relating to the Water Work improvements. Relmburseqpnt.fot'., Constiuctlo@f? Oversking $336,863 (f) It shall be the responsibility of the Developer to observe and follow the requirements of District for retention of records and the submittal of information in connection with the Water Work Improvements, as specified in this Agreement. ':*: .:;fie .;- . * %-Overhead Estimated Total Allowance Reimbursable Cost $1 6,843 $353,706 4. General District Obliqations. Relmburseqpnt.fot'., Constiuctlo@f? Oversking $336,863 (a) The District shall reimburse Developer an amount (the "Reimbursement Amount") equal to: (i) the actual Total Cost for reimbursement for construction of oversizing; plus (ii) an allowance for overhead as described in Section 6 (f) below. The actual Total Reimbursable Cost shall include all costs associated with the installation of the Water Work noted in the attached Exhibits "B" and "C" which are incorporated herein by reference. The Total Reimbursable Cost is currently 'estimated to be $353,706, calculated as follows: ':*: .:;fie .;- . * %-Overhead Estimated Total Allowance Reimbursable Cost $1 6,843 $353,706 (b) District agrees to reimburse Developer for Reimbursable Water Work as described in Sections 6 and 7 below. 5. Reimbursable Water Work. (a) With respect to all hard costs of construction comprising the Water Work Improvements, Developer shall solicit bids from three reputable contractors. Reimbursable Water Work may be bid together with Non-Reimbursable work for that portion of the Water Work Improvements which are being bid by such contractor. Upon agreement of a contract amount for the Water Work, the costs thereof shall be allocated among the categories consistent with the method and process used in the Exhibit "C." The parties agree that the spreadsheet attached hereto as Exhibit "C" is a fair allocation of the costs under such contract as among the categories of Reimbursable Water Work. Costs shown in Exhibit "C" are subject to modification through change orders pursuant to Paragraph 6(h) of this Agreement. -3- Rev. 1/02/01 (b) During the performance of any Reimbursable Water Work, Developer shall retain detailed payment records for all items of Reimbursable Water Work, for use by District in auditing subsequent reimbursement requests by Developer. Developer's requests for reimbursement (each a "Reimbursement Request") 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 reasonably required by District to evidence the completion and payment for each item of Reimbursable Water Work. Reimbursement Requests may be submitted monthly in arrears, as identified in Section 6 (a) below, by Developer for each segment of work. 6. Audit of Reimbursable ExDenses. (a) Expenses for Reimbursable Water Work (including without limitation overhead and the allowance permitted under clause (f) below) are referred to herein collectively as "Reimbursable Expenses". Developer shall be entitled to submit requests for Reimbursable Expenses monthly in arrears, and separately for each construction segment: (b) All Developer's Reimbursement Requests will be processed and audited for District by a reputable consulting engineer selected by District ("Auditing Engineer"). The costs of the Auditing Engineer shall be paid directly by District from Project Funds. The Auditing Engineer shall review all Reimbursement Requests and the payment records submitted in connection therewith and shall within thirty (30) days thereafter issue to District and Developer a report either accepting Developer's submittal or specifying with particularity any reimbursement items or amounts not approved. Any reimbursement items or amounts not approved by the Auditing Engineer may be further pursued by Developer using the dispute resolution provision of Section 8 below. (d) With each Reimbursement Request, following 30-day review by Auditing Engineer, the Auditing Engineer shall forward one copy of each invoice submitted to Developer by Contractor, to the City's Public Works Director ("Director"), together with an invoice for all other components of the Actual Cost not otherwise reflected on the Contractor's invoice. The Director shall confirm and approve the Reimbursement Amount based upon the components of Actual Costs and Overhead Costs set forth in Section 5 of this Agreement. If the Director objects to any items comprising the Reimbursement Amount, the Director shall notify Developer within thirty (30) days of receipt of all invoices forwarded by Developer. Failure to so notify Developer shall be deemed the Director's approval of such invoices. -4- Rev. 1/02/01 (e) District's reimbursement obligations hereunder shall be based upon the actual costs incurred by Developer in performing Reimbursable Work (including overhead and the allowances specified in (f) below). (f) Notwithstanding ,anything herein to the contrary, and without limitation and in addition to the Reimbursable Work, District specifically agrees that each of the following shall be deemed Reimbursable Expenses: (i) An amount fixed at five percent (5%) of the eligible costs for Reimbursable Work, exclusive of this clause (f), to compensate for overhead expenses incurred by Developer including for salary and benefits, for staff of Developer's home office, purchasing department expenses, project supervision, general corporate legal and accounting fees and other normal overhead expenses incurred by Developer, including: (a) An allowance to cover the allocable portion of premiums paid by Developer for improvement and/or payment and performance bonds relating to the construction of Water Work. (b) An allowance to cover the allocable portion of premiums paid by Developer for blanket liability insurance coverage. (9) Prior to the submission to the Director of all invoices, Developer shall obtain necessary or appropriate lien releases from the Contractor, and shall obtain from the District and all appropriate governmental agencies, all approvals, certificates, and other documents necessary to indicate the completion of the Reimbursable Work, and the ability to put the Public Improvements into use. The date Developer receives all such final lien releases, approvals, and certificates shall be deemed the date of completion of the Water Work Improvements (the "Completion Date"). (h) All change orders shall be subject to approval by both the District and Developer. At the time of approval, the parties shall also determine the portion of the change order which is allocated to Reimbursable Work. In making such decisions, the parties shall be guided by the principle that if a change order is necessary due to changed circumstances or oversight in original design, or if it is required in order to perform the applicable portion 'of the Water Work Improvements in an orderly, reasonable and prudent manner according to the standard engineering and construction practice applicable to the improvements, then the allocation of the portion to Reimbursable Work should be in proportion to the allocation as between Reimbursable Work in Exhibit "C" for that portion of the Water Work Improvements. -5- Rev. 1/02/01 allocation as between Reimbursable Work in Exhibit "C" for that portion of the Water Work Improvements. 7. Pavment of Reimbursable Expenses. (a) Payment of Reimbursable Expenses shall be made, within sixty (60) days after the Public Works Director's determination on any such Reimbursement Request (or determination pursuant to Section 8 if applicable). (b) The District shall not unreasonably withhold acceptance of the Water Work Improvements. (c) Developer and District agree that the City's General Fund is not part of this Agreement, and shall not be obligated under the terms of this Agreement nor available for reimbursement purposes. 8. Diswtes/Claims. If a dispute should arise regarding the performance or interpretation of this Agreement, the following procedure shall be used to resolve any question of fact or interpretation not informally 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 of Developer or the 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 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 from seeking remedies available to them at law. * 9. Successors: Covenant to Run with Real Property. This Agreement and the covenants contained herein shall be binding upon and inure to the benefit of the Developer and District and shall run with the real property and create an equitable servitude upon the real property. Upon the application of the credit referred to in Section 7(a) for each respective Unit and after District acceptance of District Improvements, the provisions of this Agreement shall no longer apply to, and the same shall no longer be or constitute an equitable servitude against or run with the land as to the respective Units and the equitable servitude hereby created shall automatically terminate as to each of said respective Units. Upon the request of Developer, District shall execute and deliver to Developer, in recordable form, any further documents and/or instruments reasonably necessary to evidence that each said Unit is thereafter fully released and free from the provisions of this Agreement, provided that the cost of preparing and recording such documents and/or instruments shall be paid by Developer. 10. Assiqnment of Contract. The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the District. -6- Rev. 1/02/01 11. Notices. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been 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, address as specified herein. Notices required to be given to Developer shall be addressed as follows: Western Pacific Housing-Poinsettia, L.P. Attention: Scot Sandstrom 5790 Fleet Street, Suite 210 Carlsbad, CA 92009 Telephone: (760) 929-1 600 FAX: (760) 929-1 601 Notices to District shall be delivered to the following: CARLSBAD MUNICIPAL WATER DISTRICT c/o City of Carlsbad Attention: Public Works Director 1635 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 602-2730 FAX: (760) 602-8562 Each party shall notify the other immediately of any changes of address that would require any notice delivered hereunder to be directed to another address. 12. Transfer bv Developer. The obligations and benefits of this Agreement shall not be transferred upon sale of Poinsettia Hill. 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute one and the same instrument. 14. Governincl Law and Venue. This Agreement shall be interpreted and enforced under the laws of the State of California, and venue shall reside in San Diego County, California. 15. Complete Aqreement. This Agreement contains the entire agreement between the parties with respect to the subject matter contained herein, and supersedes all negotiations, discussions, and prior drafts with respect to this subject matter. 16. Amendment. This Agreement may be amended by a written instrument executed by District and Developer (including for this purpose any successors of Developer, to the extent of their ownership of real property within Poinsettia Hill; except that no amendment regarding the provisions for reimbursement to Developer shall be valid unless executed by both the Developer and the District. -7- Rev. 1/02/01 17. Term. This Agreement shall be effective as of the date first above written, and shall terminate on the earlier of (i) the date the District fully reimburses Developer the Reimbursement Amount, or (ii) January 1, 2015. 18. No Third Pam 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. Ill Ill Ill Ill 111 Ill Ill Ill 111 Ill Ill Ill Ill ill Ill Ill Ill Ill -8- Rev. 1/02/01 19. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written. WESTERN PACIFIC HOUSING- POINSETTIA LIMITED PARTNERSHIP, a California Limited Partnership By: 7 - -k,, \- (sign here)' \ .- + ~ :':,- L< L (print name and title of signatory) L . * t --L -2tt : ' ATTEST: i / (print name and title of signatory) (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, General Counsel BY: *% d&h puty General Counsel -9- Rev. 1/02/01 UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF AP LHI, INC. We, th undersigned, as member of the Board of Directors of AP LHI INC., corporation organized under the General Corporation Law of California (the “Corporation”), being all the members of such Board as presently constituted, do by this writing consent to take the following actions and adopt the following resolutions: WHEREAS, the Corporation is the managing general partner of Western Pacific Housing-Poinettia, L.P., a California limited partnership, (“WPH”); and WHEREAS, WPH is in the business of acquiring property and engaging in the development, zoning, rezoning, design, improvement and construction of single family residences, townhouses, and condominiums upon such property for sale to the home-buying public; and WHEREAS, it is in the interest of WPH to negotiate, enter into, modify and terminate agreements involving third parties relating to the business of WPH; and WHEREAS, Scot C. Sandstrom, Vice President of the Corporation, in its capacity as the managing member of WPH, has from time to time negotiated signed, modified and terminated various agreements ‘dealing with H.O.A. documents, CC&Rs, Subdivision Agreements, Utility Agreements, Condominium Plans, all Agency Applications relating to Development, Construction Contacts, Purchase Orders, Consultant Agreements, Final Maps, Permits, and Engineering Agreements relating to the Project with third parties, relating to the business of the Corporation, in its capacity as the managing member of WPH; and WHEREAS, the Board of Directors wishes to authorize, approve and ratify the actions taken by Scot C. Sandstrom, acting in his capacity as Vice President of the Corporation, acting in its capacity as the managing general partner of WPH, in having negotiated, signed, modified and terminated such agreements, and to authorize and direct Scot C. Sandstrom to negotiate, sign, modify and terminate such agreements fiom time to time when he deems it to be in the best interest of the Corporation, in its capacity as the managing general partner of WPH.. NOW, THEREFORE, BE IT RESOLVED, the actions of Scot C. Sandstrom, acting in his capacity as a Vice President of the Corporation, acting in its capacity as the managing general partner of WPH, in having negotiated, signed, modified and terminated various agreements fiom time to time, are hereby authorized, approved and ratified; and BE IT RESOLVED FURTHER, that Scot C. Sandstrom, acting in his capacity as a Vice President of the Corporation, acting in its capacity as the managing general partner, of WPH, is hereby authorized and directed to negotiate, sign, modify and terminate, from time to time when he deems it to be in the best interest of the Corporation, in its capacity as the managing general partner of WPH, agreements relating to the business of the Corporation, in its capacity as managing general partner of WPH. We direct that this consent be filed with the Minutes of the proceedings of the directors of the corporation. - c . .. This consent is executed pursuant to Section 307(b) of the Corporations Code of the State of California, and Section 2.12 of the Bylaws of the corporation, both of which authorize the directors to take action by unanimous written consent without a meeting. DATED: January 4,2000 Craig A. Manchester - Thomas Connelly State of California ) personally known to me or < o be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand hnd official seal. r , State of California 1 1 County of 1 On before me, , Notary Public, personally appeared Claude Lewis - personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Rev. 1/02/01 2' EXISTING 12' RECLAIMED EXISTING 18' POTABLE WATERLINE , IW VATERLINE EX- -Ag CT ea-oa POIMSETTlA HILLS WA TER FACILITY REIMBRUSEMENT A GREEMENT EXHIBIT "B" TABLE 1 POINSETTIA HILL-CASSIA ROAD 30-INCH STEEL (550 HGL) WATER TRANSMISSION PIPELINE QUANTITY TAKE-OFF CONSTRUCTION OF PIPELINE, 2/14/02 CITY OF CARLSBAD I WATER--DOMESTIC I Notes: (1) The quantities shown above are from Drawing No. 354-9, Sheets 3,4, and 5, City dated 8/8/97. EXHIBIT B SHEET 1 OF2 EXHIBIT "B" TABLE 2 POINSETTIA HILL-CASSIA ROAD 18-INCH DUCTILE IRON (384 HGL) RECYCLED WATER TRANSMISSION PIPELINE QUANTITY TAKE-OFF CONSTRUCTION OF PIPELINE, 2/14/02 CITY OF CARLSBAD IWAItH-HtLYLLWJ I Notes: (1) The quantities shown above are from Drawing No. 354-9, Sheets 3, 4, and 5, City dated 8/8/97. EXHIBIT B SHEET 2 OF 2 EXHIBIT "C" water transmission pipeline: Oversizing 2. Cassia Road - 18-inch ductile-iron (384 HGL) POINSETTIA HILL-CASSIA ROAD WATER AND RECLAIMED WATER PIPELINE IMPROVEMENTS REIMBURSEMENT FOR CONSTRUCTION OF OVERSIZING $100,135.21 SUMMARY 02/1 a2002 11. Cassia Road - 30-inch steel (550 HGL) 1 $236,728.101 I reclaimed water transmission DiDeline: Oversizina I I ___ __ . __ -- ~ r- TOTAL REIMBURSEMENT I $336,863.31 1 - Note: See Tables 1 through 2. EXHIBIT C- SHEET 1 OF 3 ”-- EXHIBIT “C“ POINSEHIA HILL-CASSIA ROAD 30-INCH STEEL (550 HGL) WATER TRANSMISSION PIPELINE REIMBURSEMENT COST: CONSTRUCTION OF PIPELINE, 2/14/02 TABLE1 . Notes: CO Contract Change Order (1) Construction Contract, Civil Constructors, 1997 (2) Cost Is Included in other items specified in the Construction Contract. (3) Enghefs estimate by Civil Constructors (6!19/97). (4) Costs for reimbursaMe items provided by Western Pacific Housing-Poinseitia LP. (5) PO 2040-1035. Work requested and approved for reimbursement by Randy Klaahsen. (6) PO 2040-1019. Work requested and approved for reimbursement by Randy Klaahsen. (7) PO 2040-1044. Work requested and approved for reimbursement by Randy Klaahsen. (8) PO 2040-1024. Work requested and approved for reimbursement by Randy Klaahsen. EXHIBIT C ’ SHEET 2 OF 3 EXHIBIT "C" TABLE 2 POINSETTIA HILL-CASSIA ROAD 18-INCH DUCTILE IRON (384 HGL) RECYCLED WATER TRANSMISSION PIPELINE REIMBURSEMENT COST: CONSTRUCTION .OF PIPELINE, 2/14102 Notes: CO Contract Change Order (1) Consetion Contract. Civil Constructors. 1997 (2) Engineeh estimate by CMl Coostructors (6/19/97). (3) Costs for reimbursable items provided by Westem Pacific Housing-Poinsettia LP. (4) Addendum 1Wl. Work requested and approved for reimbursement by Randy Klaahsen. (5) PO 2040-1035. Work requested and approved for reimbursement by Randy Klaahsen. (6) PO 2040-1019. Work requested and approved for reimbursement by Randy Klaahsen. (7) PO 2040-1044. Work requested and approved for reimbursement by Randy Klaahsen. (8) PO 2040-1090. Work requested and approved for reimbursement by Randy Klaahsen. (9) PO 2040-1024. Work requested and approved for reimbursement by Randy Klaahsen. EXHIBIT C SHEET 3 OF 3 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. 1144 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO APPROVE AND AUTHORIZE EXECUTION OF A REIMBURSEMENT AGREEMENT WITH FOR WATER AND RECLAIMED WATER PIPELINE IMPROVEMENTS WITHIN POINSETTIA HILL, PROJECT NOS. 35851136752. WESTERN PACIFIC HOUSING-POINSETTIA LIMITED PARTNERSHIP, WHEREAS, Western Pacific Housing-Poinsettia Limited Partnership, is the developer of the Poinsettia Hill project: and WHEREAS, at the request of the CMWD, Western Pacific Housing-Poinsettia Limited Partnership designed and constructed a 30-inch diameter potable water transmission main and an 18-inch diameter recycled water transmission main in Cassia Road; and WHEREAS, Western Pacific Housing-Poinsettia Limited Partnership, has requested the Board approval of a reimbursement agreement pursuant to District Ordinance 26; and WHEREAS, the Planning Director determined that the requested action is in compliance with previous CEQA review; and WHEREAS, the total cost for the 30-inch diameter potable water transmission main is $248,565, a portion of which was for oversizing above an 8-inch diameter pipe; and WHEREAS, the total cost for the 18-inch diameter recycled water transmission main is $1 05,141, a portion of which was for oversizing above an 8-inch diameter pipe, and; WHEREAS, there are sufficient appropriations available in the Water Connection Fee Fund to pay for the 30-inch diameter potable water transmission main; and WHEREAS, there are sufficient appropriations available in the Water Replacement Fund to pay for the reclaimed water pipeline. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Water District (CMWD) of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. Ill Ill Ill Ill Ill 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 2. That the agreement between the CMWD and Western Pacific Housing-Poinsettia Limited Partnership for the Reimbursement of Costs for Water and Recycled Water Pipelines Improvements within Poinsettia Hill, is hereby approved and the President is authorized to sxecute said agreement on behalf of the Carlsbad Municipal Water District. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Nater District held on the 26th day of MARCH , 2002 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Finnila, Hall NOES: None ABSENT: Bo XAUDE A. LEWIS, Preside 4TTEST: Page 2 of 2 of Resolution No. 1144 (SEAL)