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Home My WebLink AboutTreetops Unlimited/Pacific Scene Inc/Financial Scene Inc; 1985-06-11;WATER SYSTEM IMPROVEMENTS AGREEMENT REGARDING CARLSBAD TRACT 83-21 -UNIT NO. 2 VILLAGES O AND P-1, CALAVERA HILLS Agreement No. 3 -Temporary Offsite Water System This Agreement is entered into on __ J_u_n_e __ l_l ____ , 1982._, between COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter "DISTRICT") and TREETOPS UNLIMITED, a Joint Venture of PACIFIC SCENE, INC. and FINANCIAL SCENE, INC. (hereinafter "DEVELOPER") with respect to the following: A. DEVELOPER is about to present the map identified as "Carlsbad Tract 83-21 -Unit No. 211 (the "subdivision") to the City of Carlsbad for final approval under the Subdivision Map Act of the State of California and in compliance with the provisions of 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. HCH & Associates, of San Diego, California, has prepared plans and specifications for the construction of the water system necessary to provide water service to the subdivision. The plans and specifications are identified as "Plans for the Improvement of Carlsbad Tract 83-21 in Unit 2 of Villages 'O and P-1 111 consisting of twelve sheets, and are incorporated herein by reference ("plans"). The plans and specifications for the water improvements are set forth on all sheets of those pl ans ("improvements"). Shee t 11 sets forth an -1- ! ' above-ground temporary water main design to accommodate the initial need for a tie-in to the DISTRICT's existing 12-inch water main that serves the new 6.0 million gallon Tri-Agencies Pipeline Terminal Reservoir. The DISTRICT Board of Directors has approved the plans. C. DEVELOPER and the DISTRICT have entered into the following agreements, co~currently with and related to this Agreement, all of which together provide for the construction of a complete public water system to serve the subdivision: (1) Agreement No. 1 -Onsite Improvements. (2) Agreement No. 2 -Offsite Improvements. (3) Agreement No. 4 -Reimbursement Agreement. These agreements will hereinafter collectively be referred to as "the related agreements." D. DISTRICT has evaluated the proposal for the construction of a temporary line and has determined that water service can be provided utilizing the proposed temporary system until after the permanent alignment of Tamarack Avenue has been designed and rough graded. NOW, THEREFORE, in consideration of the convenants and conditions set forth below, and of the approval of the plans by the DISTRICT, the undersigned agree as follows: 1. DEVELOPER shall construct the "temporary pipeline" as set forth on Sheet 11 of the approved plans and specifications. 2. DEVELOPER shall be responsible for the maintenance and repair of the temporary pipeline during the entire period of utilization and upon conclusion of its need as determined by the DISTRICT, shall completely dismantle and remove the entire system. 3. DEVELOPER shall provide the necessary easements for access and maintenance of the entire temporary water system. -2- . . . I 4. DISTRICT shall exercise the control for 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 expenses incurred for such emergency conditions. 5 . Authority to Sign. The individuals who sign this Agreeme nt on behalf of the undersigned Joint Venture and municipal water district warrant that they have the authority and approval to do so on behalf of such Joint Venture and municipal water district. TREETOPS UNLIMITED, a Joint Venture of PACIFIC SCENE, INC. and FINANCIAL SCENE, INC. By: PACIFIC SCENE, INC. By: FINANCIAL SCENE, INC. By ~--(_.A )oµ • » . -3- COSTA REAL MUNICIPAL WATER DISTRICT ~ S'TATE OF CALIFORNIA) CUJNlY OF SAN DIEID) ss: On this 29th day of May , 19 85, before me, the undersigned, a Notary Public in and for said Cbunty and State, personally appeared JOHN J. SUMMERS , proved to me on the basis of satisfactory evidence to be the VICE President, and -==="D;...;.""'w""'.~~-c.;;;..;KA;..;;c.;;;;Y ____ ----:-__ known to me to be the VICE PRESIDENT ~. of PACIFIC rn, IOC. J the corporation that executed the within l.IlStnrrent on behalf of said CO:rJX)ration , said corporation being known to me to be one of the joint ventures of 'IREE'IOR:i UNLIMITED, the joint venture that executed the within instrurrent, and acknowledged to me that such corporation executed the sam2, both indi- vidually and as joint venturer of said joint venture, and that such joint venture also executed the same. WITNESS my hand and official seal. N~~~State, IC w IC ::::, 1-z w > 1-z 0 .., w I-< IC 0 0.. IC 0 0 SS. STATE OF CALIFORNI~ · COUNTY OF &wgo On this fl day of JOO<:-19 ~ before me, the undersigned, a Notary Public in nd for said '(Ounty and state, personally appeare~-~-~-, D/xr+ wesse I . and tJ.(coKI. HdlC-LCav known to me (or ?roved to me on the basis of satisfact~ry evidence) to be the / _____ _,_l ,',,1c.e""'--. __ , President and!hrr, Vu:..e tl-es. Seci:etlffy respectively of rfiiancicJ SaJU. YrlctYIX5(11;t('d . I the corporation that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, aid corpor~tion being known to me to be one of the joint venturers of Ti /((4-fe , the joint venture that executed the within instrument and acknowledged to me that such corporation executed the same both individually and as joint venturer of said joint venture and that such joint venture also executed the same. WITNESS my hand and official seal. JfdJ.fux £,(k4Jd -Notary Public in and for said county and state. FORM -CJV NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY SancOty of Contract FOR NOT ARY SEAL OR ST AMP OFFICIAL SEAL ROBiN K DE KO-LD NOTARY PUBLIC -CALIFORNIA SAN DIEGO courm My comm. expires AUG 30, 1988 CT 83-21 ( ( I r .· . LEGEND: --• I ND I CATES TEMPORARY OFFS ITE WATER SY ST Et1 ('JI' u ,' -------- r-J a. .E t:/.57. IZ. 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