HomeMy WebLinkAbout2000-04-04; City Council; 15685; Rancho Carrillo Sewer & Water Transmission Main0
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4B# 15; Ms-- TITLE. . APPROVE AND AUTHORIZE EXECUTION OF
REIMBURSEMENT AGREEMENTS FOR RANCH0 CARRILLO HTG. 4/04/00 OFF-SITE SEWER AND WATER TRANSMISSION MAIN IN
EL FUERTE STREET AND VALLECITOS WATER DISTRICT IEPT. ENG INTERTIE AND METER VAULT, CMWD PROJECT NO. 86-502
RECOMMENDED ACTION:
CITY bF CARLSBADkARLSBAD MUNICIPAL WATER DlsI-RICT -AGENDA BILL
That the City of Carlsbad City Council Adopt Resolution No. 2000-108 to Approve and
Authorize Execution of a Reimbursement Agreement for the Ranch0 Carrillo Off-Site Sewer with
Continental Residential, Inc, CMWD Project No. 86-502
That the Carlsbad Municipal Water District Board of Directors Adopt Resolution No. 1079 to
Approve and Authorize Execution of a Reimbursement Agreement for the Water Transmission Main
Improvements In El Fuerte Street and Vallecitos Water District Inter-tie and Meter Vault with
Continental Residential, Inc, CMWD Project No. 86-502
ITEM EXPLANATION:
Continental Residential, Inc. is the developer of Ranch0 Carrillo, a land development project in
Carlsbad, and has constructed master planned sewer and water facilities having system capacities
greater than the develw.ent requires. The sewer facilities include a gravity flow trunk sewer, a
sewage lift station, and a sewer forcemain. These facilities collectively are referred to as the Ranch0 Carrillo Off-Site SewerikThe water facilities include a 30-inch diameter transmission main in El
Fuerte Street and a lntertie and Meter Vault in Melrose Drive. The intertie connects the potable
water system with Vallecitos Water District, and this allows the Carlsbad Municipal Water District
and Vallecitos Water District to transfer available water supplies to either agency upon request.
Continental Residential, Inc. agreed to construct oversized sewer and water facilities under a reimbursement agreement. The sewer reimbursement will be paid through the Sewer Benefit Area
“H” fee program established for this project. The water facilities will be paid from the water
connection fee fund.
ENVIRONMENTAL REVIEW:
The City Council adopted Resolution No. 97-645 on October 21, 1997, approving Addendum to
Master Environmental Impact Report 93-01 that included the water and sewer facilities for Ranch0 Carrillo.
FISCAL IMPACT:
The total estimated cost for the sewer work is $2978,491, plus $42,494 for the addition of a third
pump at the sewage lift station. Reimbursement to Continental Homes is estimated to be
$1,387,977 plus $77,040 for eighty residential units tributary to Vallecitos Water District, which are connecting to the Ranch0 Carrillo Off-Site Sewer under a separate agreement with the City
approved on March 14,200O. The Sewer Reimbursement Agreement calls for the City’s payment to
be made from Sewer Benefit Area “H” fees collected from areas outside of Ranch0 Carrillo. Payment for the sewer work will be made subject to the availability of the funds collected. Further,
payment by the City would be made in semiannual installments occurring on June 30 and
December 31 of each year as fees are collected.
The total cost for the water work is $347,224. Funds would be obtained from the water connection
fees. Payment would be made within 30 days after execution of the reimbursement agreement.
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‘6 Pige 2 of Agenda Bill No. \ 4 I b85
COST FOR WATER TRANSMISSION MAIN EL FUERTE, ALGA TO POINSETTIA
Reimbursement to Continental Residential, Inc. $266,021
Future Extension from Ranch0 Carrillo to Alga Road $700,000
Future Extension from Ranch0 Carrillo to Poinsettia Lane $369,729
TOTAL ESTIMATED PROJECT COST $I,335750
EXISTING APPROPRIATION $1,335,750
ADDITIONAL APPROPRIATION -O-
COST FOR INTERTIE & METER VAULT IN MELROSE DRIVE
Reimbursement to Continental Residential, Inc.
Future Inter-ties
TOTAL ESTIMATED PROJECT COST
EXISTING APPROPRIATION
ADDITIONAL APPROPRIATION
$81,203
$293,307
$374,510
$374,510
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EXHIBITS:
1. Location Maps (2 pages).
2. Agreement for Reimbursement of Costs for Construction of Ranch0 Carrillo Off-Site Sewer.
3. Agreement for Reimbursement of Costs for Construction of Water Transmission Main
Improvements within El Fuerte Street and Vallecitos Water District lntertie and Meter Vault.
4. City of Carlsbad City Council Resolution No. 2ccc-10s to Approve and Authorize Execution
of Reimbursement Agreement for Ranch0 Carrillo Off-Site Sewer with Continental Residential,
Inc., CMWD Project No. 86-502.
5. Carlsbad Municipal Water District Board of Directors Resolution No. lo7’ to Approve
and Authorize Execution of Reimbursement Agreement for Construction of Water
Transmission Main Improvements within El Fuerte Street and Vallecitos Water District lntertie and Meter Vault with Continental Residential, Inc., CMWD Project No. 86-502.
PUMP STA TIO
WET I OF 2
PROJECT NAME PROJECT EXHIBIT
RANCH0 CARRILLO OFF-SITE SEWER NUMBER 86-502 I
WN By: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 3
SHEET 2 OF 2
PROJECT NAME WA TER TRANSMISSION MAIN IMPROVEMENTS PROJECT EXHIBIT
IN EL FUERTE STREET AND VALLECITOS NUMBER
WATER DISTRICT INTERTIE AND METER VAULT 86-502 I
4w BY: SCOTT EVANS, CARSBAD ENGINEERING DEPT. Y
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Exhibit 4
I RESOLUTION NO. zcco-108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE
EXECUTION OF REIMBURSEMENT AGREEMENT FOR
RANCH0 CARRILLO OFF-SITE SEWER WITH CONTINENTAL
RESIDENTIAL. INC.. CMWD PROJECT NO. 86-502.
WHEREAS, Continental Residential, Inc., is the developer of Ranch0 Carrillo, and has
constructed the Ranch0 Carrillo Off-Site Sewer and installed a third pump to the Sewage Lift
Station; and
WHEREAS, the Ranch0 Carrillo Off-Site Sewer was oversized to accommodate future
land development outside of the Ranch0 Carrillo development; and
WHEREAS, the Ranch0 Carrillo Off-Site Sewer was constructed by Continental
Residential, Inc. with the understanding that a reimbursement agreement would be made in the
estimated amount of $1,387,977 for Continental Residential, Inc. share of the Ranch0 Carrillo
Off-Site Sewer plus $77,040 for eighty residential units tributary to Vallecitos Water District; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor is authorized and directed to execute the Agreement for
Reimbursement of Costs for Construction of Ranch0 Carrillo Off-Site Sewer.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 4th day of April , 2000 by the following vote, to wit:
AYES: Council Members Lewis 11, Finnila, Nygaard, Kulchin.
ATTEST:
I %%m (.M RR#INE M. WOOD, City Clerk (SEAL)
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WHEREAS, Continental Residential, Inc., constructed a water transmission main and a
inter-tie and meter vault with Vallecitos Water District as oversized facilities with the
understanding that they would be reimbursed through a reimbursement agreement; and
WHEREAS, the total cost to be reimbursed by the District to Continental Residential, Inc.
is $347,224 from funds obtained from the water connection fees.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad
Municipal Water District of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Executive Manager and the Secretary are authorized to approve the
agreement for Reimbursement of Expenses for the Water Transmission Main Improvements in
El Fuerte Street and Vallecitos Water District Inter-tie and Meter Vault with Continental
Residential, Inc.
19 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
20 Water District held on the 4th day of April I 2000 by the following vote, to wit:
21 embers Lewis, Finnila, Nygaard, Kulchin.
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CLAUDE A. LE~I~!?%iden‘f V
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&(737.2&iGvA
LO#RAtNE M. WOOD, Secretary (SEAL)
Exhibit 5
II RESOLUTION NO. lo-79
A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS, TO APPROVE OF AND AUTHORIZE AGREEMENT FOR REIMBURSEMENT OF COSTS FOR CONSTRUCTION OF WATER TRANSMISSION MAIN
IMPROVEMENTS WITHIN EL FUERTE STREET AND VALLECITOS
WATER DISTRICT INTERTIE AND METER VAULT WITH
CONTINENTAL RESIDENTIAL. INC.. CMWD PROJECT NO. 86-502.
WHEREAS, Continental Residential, Inc., is the developer of Ranch0 Carrillo
development project; and
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AGREEMENT FOR REIMBURSEMENT OF COSTS
FOR CONSTRUCTION OF RANCH0 CARRILLO OFF-SITE SEWER
CMWD PROJECT NO. 86-502
THISAGREEMENTFORREIMBURSEMENTOFCOSTSFORCONSTRUCTIONOFRANCHO
CARRILLO OFF-SITE SEWER dated as of e ,200O (“Agreement”), is made at Carlsbad,
California, between CONTINENTAL RESIDENTIAL, INC., a California corporation (“Continental”), and
the CITY OF CARLSBAD, a municipal corporation of the State of California (“City”), with reference to the
following recitals:
RECITALS
A. Continental is the developer of real property located in the City of Carlsbad, California, as
shown on Exhibit “A” attached hereto and made a part hereof (Ranch0 Carrillo). Ranch0 Carrillo consists
of several Villages, as designated on Exhibit “A.” As used herein, the term “Villages” shall refer, as indicated,
to one or more of such Villages so designated on Exhibit “A.” The various Villages as shown on Exhibit “A”
either are, or will become, separate legal parcels in accordance with the applicable legal requirements of the
State of California and the City of Carlsbad.
B. As separate legal parcels, Continental intends to convey or cause conveyance of record title
to the Villages to other persons pursuant to contractual commitments not related to this Agreement. Any further
development activity with respect to any ofthe Villages will be the responsibility ofthe respective transferee.
All of the Villages of Ranch0 Carrillo are herein referred to collectively as the “Ranch0 Carrillo Project.”
Continental is the developer of the Ranch0 Carrillo Project.
C. The City Council of City adopted Resolution No. 97-645 on October 2 1, 1997, approving
Ranch0 Carrillo Master Plan Amendment, General Plan Amendment, Addendum to Master Environmental
Impact Report 93-O 1, and the findings and conditions of the Planning Commission Resolutions No. 4 165,
4 166 and 4 167 (GPA 96-05 and MP 139[F]) relating to development of a mixed-use, master-planned community
within the City of Carlsbad. Finding No. 2 of Resolution No. 4 167 provides as follows:
All necessary public facilities can be provided concurrent with need and adequate
provisions have been provided to implement those portions ofthe capital improvement
program applicable to the subject property. The Master Plan has language in the text
stating that all future development shall comply with the public facility performance
standards and phasing requirements of the Local Facilities Management Plan (LFMP)
for Zone lg. Public facilities are required to be constructed as development in the
Master Plan creates demand for additional facilities. A financing plan approved by
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the City Council for the Zone 18 LFMP will provide mechanisms for the financing
of the required public facilities.
D. Continental has advanced on behalf of City the cost of constructing off-site sewer facilities
consisting of a new sewage lift station, a force main and a trunk sewer pipeline as identified by the Zones
10, 17 and 18 Local Facilities Management Plan, hereinafter collectively referred to as the “Sewer Work.”
E. Pursuant to Resolution No. 91-2 1, adopted by Carlsbad City Council on January 22,199 1,
City has implemented a plan for levying and collecting sewer benefit area fees in order to fund improvements
in various sewer benefit areas within the City of Carlsbad. Said plan is set forth in the January 1992 Update ,
to the December 1987 Master Plan of Sewerage, prepared by Wilson Engineering (hereinafter the “Wilson
Report”), and is subject to further review and modification by City. The sewer benefit area fees, in addition
to sewer connection fees, will be collected by City from builders upon City’s issuance of building permits.
The Sewer Work is contained in Sewer Benefit Area “H.”
F. City will utilize funds collected from Sewer Benefit Area “I-I” fees to reimburse the costs
advanced hereunder by Continental for the Sewer Work. The sewer benefit area “II” fee is currently $626
per equivalent dwelling unit.
G. City and Continental recognize that the Sewer Work exceeds the infrastructure otherwise
required of the Ranch0 Carrillo Project as required by the Growth Management provisions of the LFMPs for
Zones 10, 17 and 18. Continental’s share of the estimated costs of the Sewer Work is currently estimated to
be $1,387,977. City agrees to reimburse Continental the balance of the project cost (which, based on the
percentages and amounts given elsewhere in this Agreement, is currently estimated not to exceed $1,590,5 14)
(the “Reimbursable Work”), with the understanding that any reimbursement paid to Continental is dependent
on City’s receipt of funds within Sewer Benefit Area “H.” The amounts are derived from Ranch0 Carrillo’s
currently anticipated share (46.6%) of equivalent dwelling units (“EDUs”) within future Area“H.” (The Wilson
Report anticipated that Zone 18B, Ranch0 Carrillo, would have 2,254 of the 4,836 total future EDUs in Area
“H.“) However, the terms of this Agreement shall govern City’s actual reimbursement obligations.
H. City and Continental desire to enter into a Reimbursement Agreement which covers the
Reimbursable Work contemplated by the construction of the Sewer Work.
I. A fuller description of the “Sewer Work” is the various items of construction described in
subsections (1) through (3) below:
(1) Poinsettia Sewage Lift Station. Continental agrees to construct a sewage lift station,
referred to as Poinsettia Sewage Lift Station. The Poinsettia Sewage Lift Station is located along future Poinsettia
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Lane northeast ofthe La Costa Golf Course in the area as shown in the attached Exhibit “B.” The work necessary
for said construction is shown on Drawing No. 33 1-lE, Carlsbad Municipal Water District ProjectNo. 95-402.
(2) Ranch0 Carrillo Force Main. Continental will advance the costs necessary to construct
the Ranch0 Carrillo Force Main, a 1Zinch diameter pipeline, extending from the Poinsettia Sewage Lift Station
west to El Camino Real as shown on Drawing No. 33 I-lF, Carlsbad Municipal Water District Project No.
86-502.
(3) Ranch0 Carrillo Trunk Sewer. Continental will advance the costs necessary to construct
Ranch0 Carrillo Trunk Sewer, a 15inch diameter pipeline, as shown on Drawing No. 33 1-lC, Carlsbad
Municipal WaterDistrict ProjectNo. 86-502(referencedas“ReachesVBTlA,VBTlC,VBTlDandVBTlF”
in the Wilson Report), extending from the subdivision’s west boundary to the Poinsettia Sewage Lift Station.
J. Estimated Cost of Sewer Work. The Total Cost of the Sewer Work (subject to verification
and audit) is currently estimated to be $2,978,491. The estimated Total Cost includes the total of the Hard
and Soft Costs shown below plus, (i) an overhead allocation of four percent (4%) of the Total Hard Cost in
lieu of other reimbursement for Continental’s cost incurred for salary and benefits for staff of Continental’s
home offrices, supervision above the level of on-site superintendent, general corporate, legal, and accounting
fees, the cost of borrowed funds, insurance and bond premiums, expenses for meetings with and presentations
to governmental agencies which issue permits or otherwise regulate project approval (collectively, the “Overhead
Costs”), and (ii) an additional two and one-half percent (2.5%) of the “Total Hard Cost” for construction
administration.
Item
Hard Costs:
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soft costs:
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DC~SCI~D~~OIB Total Cost
Poinsettia Sewage Lift Station $ 1,464,500
Ranch0 Carrillo Force Main 343,700
Ranch0 Carrillo Trunk Sewer 460,900
Total Hard Cost:
Utility Fees
City Plan Check & Inspection Fee
Bond Premiums
Preliminary Design
% 2,269,100
$ 70,700
153,500
14,600
42,800
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8 Environmental Consultant
9 Planning Consultant
10 Design Consultant
12,000
2,100
187,800
11 Landscape Architect 12,000
12 Soils Engineer 33,600
;. 13 Surveying 23,600
14 Property Acquisition 9,200
Total Soft Cost: $ 561,900
Overhead Costs (4% of Hard Costs)
Construction Administration
(2.5% of Hard Costs)
Total Estimated Costs of Sewer Work
$ 90,764
56,727
$2.978.491
K. Additional Work. In addition to and separate from the Sewer Work, as defined above,
Continental installed a third pump and motor (the “Additional Work”) at City’s request. The Total Cost of
the Additional Work was $42,494. The Additional Work was requested by City to provide increased reliability
for pumping flows from Ranch0 Carrillo, but is also required to pump the sewage flows tributary to the Poinsettia
Sewage Lift Station from other areas. The cost of the Additional Work (the “Immediate Reimbursement
Amount”) will be paid to Continental by City. However, City shall be reimbursed for the Immediate
Reimbursement Amount through payment of Sewer Benefit Area “H” fees collected from areas outside Ranch0
Carrillo before reimbursement payments other than those described in Sections4(d) and 4(f), below, are made
to Continental; in addition, the Sewer Benefit Area“H”fee estimate will include the Immediate Reimbursement
Amount.
L. Vallecitos Reimbursement. By separate agreement between the City and Vallecitos Water
District (“Vallecitos”), eighty (80) residential lots in Vallecitos will be allowed to connect to the Sewer Work.
Further, there is an understanding among the City, Continental, Vallecitos, and Presley Homes, Inc. (the
developer in Vallecitos) that the sewer connection fee to be paid by Vallecitos to the City will be $963 per
EDU for a total of $77,040. This sum (the “Vallecitos Reimbursement”) will be deposited into the Sewer
Benefit Area “H” fund to be used for project cost reimbursement.
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NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency ofwhich is
hereby acknowledged, the parties hereto agree as follows:
1. RECITALS.
The above Recitals are true and correct.
2. SATISFACTION OF OBLIGATION.
Continental’s agreement to perform the Sewer Work, as set forth herein, and the actual construction
thereof, shall fully satisfy and constitute full compliance with all requirements regarding the Ranch0 Carrillo
Project with respect to the Sewer Work.
3. CONTINENTAL OBLIGATIONS.
(a) In consideration of City’s reimbursement and other undertakings as set forth herein,
Continental agrees to construct and install the Sewer Work and the Additional Work.
(b) Continental will obtain all property interest necessary for the construction, operation
and maintenance of the improvements herein described.
(cl Continental shall complete all work no later than three (3) years from the effective
date of the Agreement. Sewer Work and Additional Work completed before the effective date ofthis Agreement
shall, subject to the other provisions of this Agreement, also satis@ this Agreement.
(4 Continental shall use the complete set of City approved plans, specifications and
other design documentation for the Sewer Work and Additional Work.
(e) By entering into this Agreement, Continental waives any and all potential constitutional
(Nollan/Dolan) objections relating to the Sewer Work and Additional Work.
4. CITY OBLIGATIONS.
(4 Subject to the availability of funds in City’s Sewer Benefit Area “H” fund, City shall
pay Continental the “Reimbursable Amount,” which is the Total Cost ofthe Sewer Work (as defined in Recital
“J”) multiplied by the percentage of the Sewer Work serving portions of Sewer Benefit Area VI” outside the
Ranch0 Carrillo Project.
(9 The percentage of the Sewer Work serving portions of Sewer Benefit Area
“H” outside the Ranch0 Carrillo Project shall be measured by dividing the number of EDUs within Sewer
Benefit Area “H” outside the Ranch0 Carrillo Project by the total number of EDUs within Sewer Benefit Area
“H” (including the Ranch0 Carrillo Project).
(ii) The parties anticipate that the City will revise the Sewer Benefit Area “H’
fees before building permits are issued for other properties within Area “H.” However, the City Council retains
the right to determine whether and when to make that determination. Any change may require a consultant
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study and a Council ordinance and/or resolution. Continental shall have the same right as any other property
owner within Sewer Benefit Area “H” to request that the Council order preparation of a fee revision.
(iii) Any revision to the Area “H” fees would reflect(i) the actual cost of the Sewer
Work including the cost of the Additional Work, rather than the amount estimated in the Wilson Report, (ii)
changes in (or best estimates of anticipated changes to) EDU counts within Area “H,” and (iii) the cost of
preparing the revision. Continental does not hereby waive the right to comment on the proposed revision
before Council adoption thereof.
(iv) Nothing in this Section 4(a) (including subsections (i) through (iii)) shall
be deemed to affect Sections 4(c) or 4(d).
@I City shall pay Continental for the Reimbursable Work in compliance with the process
described in Sections 5 and 6 below.
(cl The City shall collect the sewer benefit area fee for all EDUs within the boundary
of Sewer Benefit Area “H,” except those within the Ranch0 Carrillo Project, whether or not the Sewer Work
is utilized.
(4 Any sewer benefit area fees paid for any property within the Ranch0 Carrillo Project
shall be refunded to Continental or the appropriate guest builder (whichever paid the fee), within thirty (30)
days of the execution of this Agreement or within thirty (30) days of payment, whichever comes fust.
(4 City shall pay Continental the Vallecitos Reimbursement. Upon payment by City,
the Vallecitos Reimbursement shall count as a payment toward the Reimbursable Amount.
03 City shall pay Continental the Immediate Reimbursement Amount within thirty (30)
days of signing this Agreement. In addition, City shall pay Continental the Vallecitos Reimbursement within
twenty (20) days of City’s receipt ofthose funds. Section 5 ofthis Agreement shall not apply to City’s payment
of the Vallecitos Reimbursement.
5. ACCOUNTING OF COSTS.
(a> When an item of the Sewer Work has been completed, as described in Section 5(e)
below, Continental shall present City with a complete and detailed accounting of the costs and expenses
advanced by Continental in connection with such Sewer Work. Upon its receipt of a written request therefor
from City, Continental will allow an audit of such costs and expenses to be prepared at Continental’s expense
by certified public accountants specified by City.
(b) With respect to all “Hard Costs” of construction comprising the Sewer Work,
Continental shall solicit bids from three reputable contractors. Reimbursable Work shall be bid together with
non-Reimbursable Work for that portion ofthe Sewer Work which is being bid by such contractor. Continental
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may reject a low bid if, in its reasonable discretion, it does not believe the low bidder will be able to complete
its portion of the Sewer Work competently or timely.
(cl During the performance of any Sewer Work, Continental shall retain detailed payment
records for all items of Sewer Work, for use by City in auditing any subsequent requests by Continental.
Continental’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 City to evidence
the completion and payment for each item of Sewer Work. Reimbursement Requests may be submitted in
stages upon completion of any item of the Sewer Work in conformance with Section 5(e).
(4 Continental shall send one copy of each contractor invoice to the City’s Deputy City
Engineer together with an invoice for all other components of the Sewer Work. The Deputy City Engineer
shall consider and approve the request pursuant to this Agreement. If the Deputy City Engineer objects to
any items comprising the Sewer Work, the Deputy City Engineer shall notify Continental within ten (10) days
of receipt of all invoices forwarded by Continental. Failure to notify Continental shall be deemed the Deputy
City Engineer’s approval of such invoices. In the event the Deputy City Engineer does object, Continental
and the Deputy City Engineer shall meet to discuss the disputed amount (at which time Continental shall make
available all ofthe Sewer Work documentation) and attempt to resolve the matter through good-faith negotiation.
69 Prior to the submission to the Deputy City Engineer ofthe final invoices, Continental
shall obtain necessary or appropriate releases from the contractor, and shall obtain from City, and from any
and all appropriate governmental agencies, all approvals, certificates and other documents necessary to indicate
the completion ofthe Sewer Workandthe ability to put the Sewer Work into use. The date Continental receives
all such lien releases, approvals, and certificates shall be deemed the date of completion of the Sewer Work
(the “Completion Date”). Continental may submit its accounting and Reimbursement Requests at any time.
Any delay by Continental in such submittals shall not prejudice Continental’s rights, but shall delay day-for-day
the time in which City must take any responsive action.
(0 Notwithstanding the foregoing, if Continental disputes the Deputy City Engineer’s
determination of Reimbursable Work or believes that sum established by the Deputy City Engineer is not
consistent with the specific provisions of the Agreement, then Continental may elect to appeal the Deputy
City Engineer’s decision pursuant to Section 7(a).
6. CITY’S COLLECTION AND PAYMENT OF REIMBURSABLE WORK.
City shall collect sewer benefit area fees upon its issuance of building permits to developers within
Sewer Benefit Area“H,” excluding those in the subdivision boundary ofRanch Carrillo MP 139(F) in Sewer
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Benefit Area “H,” described in detail in the Wilson Report and depicted in the attached Exhibit “C.” As each
item of the Sewer Work identified in Recital “I” is completed and accepted by City, as manifested by City’s
approval of a notice of completion for said item, then the City’s reimbursement payment for said item is due
and payable. Thereafter, City shall pay to Continental in semiannual installments on each June 30 (for sewer
benefit area fees collected by City through the preceding May 3 1) and on each December 3 1 (for sewer benefit
area fees collected by City through the preceding November 30) any such fees collected by City for building
permits issued within Sewer Benefit Area “H,” until Continental is fully paid the Reimbursable Amount.
Continental acknowledges that ultimate build-out of the properties within Benefit Area “II” (outside of the
Ranch0 Carrillo Project) may not include enough EDUs to fully reimburse Continental prior to expiration
of this Agreement.
7. MISCELLANEOUS.
(a) Disuutes: 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
formally resolved by the parties. Such questions, ifthey become identified as apart of a dispute among persons
operating under the provisions of this Agreement, shall be reduced to writing by City’s principal engineer
or the Deputy Public Works Director. A copy of such documented dispute shall be forwarded to both parties
involved along with recommended methods ofresolution which would be ofbenefit to both parties. The Deputy
Public Works Director, or principal engineer, shall reply to the letter, including a recommended method of
resolution, within ten (10) days of receipt. If the resolution thus obtained is unsatisfactory to the aggrieved
party, a letter outlining the dispute shall be forwarded to the City Council through the office of the City Manager
for the Council’s resolution. The City Council may, but is not obligated to, resolve the dispute. If the City
Council considers the dispute and directs a solution, the action of the City Council shall be binding upon the
parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to
them at law.
(b) Jurisdiction. Continental agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out ofthis Agreement is San Diego County,
California.
(cl Obligations and Benefits Not Running With Land; No Third Partv Beneficiaries.
This Agreement shall bind and inure to the benefit of the parties and their respective successors and assigns.
However, it shall not run with the land or be recorded, and all payments due from the City shall be made only
to Continental Residential, Inc. or such assignee as Continental Residential, Inc. designates in writing. This
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Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto;
the parties hereto expressly disclaim any such third-party benefit.
(4 Notice. 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, addressed as follows:
If to Continental: Continental Residential, Inc.
Attention: Mr. David Lother
2237 Faraday Avenue, Suite 100
Carlsbad, California 92008
Telephone: (760) 93 1 - 1980
Facsimile: (760) 93 l-0237
If to City: Carlsbad Municipal Water District
Attention: Mr. Robert J. Greaney, Deputy Public Works Director
5950 El Camino Real
Carlsbad, California 92008
Telephone: (760) 438-2722 X 7106
Facsimile: (760) 43 l-160 1
or to such other address or to such other person as any party shall designate to the others for such purpose
in the manner set forth above.
(d Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original, but all of which, taken together, shall constitute one and the same
instrument.
(0 Governing Law. This Agreement shall be governed by, and construed in accordance
with, the laws of the State of California.
(g) Comnlete Agreement. This Agreement contains the entire agreement between the
parties with respect to the matters set forth herein, and supersedes all prior or contemporaneous agreements
(whether oral or written) between the parties with respect to the matters set forth herein.
(h) Amendment. This Agreement may be amended only by a written instrument signed
by both City and Continental Residential, Inc. or such assignee as Continental has previously designated in
writing.
(9 m. This Agreement shall be effective as of the date hereof, and shall terminate
on the earlier of(i) the date City fully reimburses Continental the Reimbursable Amount, or (ii) January 1,
2015.
L:\CONTHOMEXARRILLO\reim6.agr
February 16,200O -9-
W Pavments to Continental. Any payments to Continental by City hereunder shall be
made payable to Continental Residential, Inc. and shall be forwarded to the following address, or to such other
address as Continental specified in writing to the City Manager of City:
c/c Continental Residential, Inc.
Attention: Mr. David Lother
2237 Faraday Avenue, Suite 100
Carlsbad, California 92008
W Citv Authoritv. City warrants, represents and agrees that it has the legal authority
to collect the funds that it will use to reimburse Continental. City further warrants, represents and agrees that
it has the legal authority to pay these funds to Continental. These warranties, representations and agreements
are a material inducement to Continental to enter into this Agreement.
L:\CONTHOIvU3CARJULLO\reim6.agr
February 16,200O -lO-
. ‘. , .
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe date first set forth above.
kecuted by DEVELOPER this M day of
-2000 .
XWELOPER:
:ONTlNENTAL RESIDENTIAL, INC.,
California Corporation
Sign here
ATTEST:
By:
LORRAINE M. WOOD, City Clerk
(SEAL)
(Chairman, president or vice-president and secretary or 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 that officer(s) signing to bind the corporation.)
(Ifsigned by an individual partner, the partnership must attach a statement of partnership authorizing the partner
to execute the instrument.)
APPROVED AS TO FORM:
RONALD R. BALL
L:\CONTHOMEKARRlLLobeii6.agr
February 16,200O -ll-
h
State of California
County of San Diego
1
1 ss.
)
On February 24, 2000, before me, Toni Carter, Notary Public, personally
appeared David A. Lother, of Continental Residential, Inc., personally
known to me 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.
SS my hand and official seal.
Toni Carter, Notary Public
State of California 1
1 ss.
County of San Diego )
On February 24, 2000, before me, Tom Carter, Notary Public, personally
appeared Gregory A. Hastings, of Continental Residential, Inc., personally
known to me 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.
TONI CIARTER
Commission # 1211801 h
Notary Public - California
sanDiiccmfy --
wcarm.tirptesFeb27,m
WITIjESS my hand and official seal.
u Toni Carter, Notary Public
EXHIBIT A
RANCH0
EXHIBIT C
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Benefit Area H contains sewer drainage
zones 6B, lOA, lOB, lOC, 17A, 17B and
18B. Zone 18B is the subdivision
boundary of Ranch0 Carrillo MO 139(F).
Exhibit 3 .
.
AGREEMENT FOR REIMBURSEMENT OF COSTS FOR
CONSTRUCTION OF WATER TRANSMISSION MAIN
IMPROVEMENTS WITHIN EL FUERTE STREET AND
VALLECITOS WATER DISTRICT INTERTIE AND METER VAULT
CMWD PROJECT 86-502
THIS AGREEMENT FOR REIMBURSEMENT OF COSTS FOR CONSTRUCTION OF WATER TRANSMISSION
MAIN IMPROVEMENTS WITHIN EL FUERTE STREET AND VALLECITOS WATER DISTRICT INTERTIE AND METER
// owa VAULT dated as of I r 44-t (“Agreement”), is made at Carlsbad, California, between
CONTINENTAL RESIDENTIAL, INC., a California corporation (“Continental”), and the CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized kder the Municipal Water District Act of 1911, and a Subsidiary District of the
City of Carlsbad, (“District”), with reference to the following recitals:
RECITALS
A. Continental is the record owner of certain real property located in the City of Carlsbad, California, more
particularly described on Exhibit “A” attached hereto and made a part hereof (the “Ranch0 Carrillo”). The Ranch0
Carrillo consists of several villages, as designated on Exhibit “A”. As used herein, the term ‘l/illage” shall refer, as
indicated, to one or more of such Villages so designated on Exhibit “A.” The various Villages as shown on Exhibit “A”
either are, or will become, separate legal parcels in accordance with the applicable legal requirements of the State of
California and the City of Cartsbad.
B. As separate legal parcels, Continental intends to convey or cause conveyance of record title of the Villages
to other persons pursuant to contractual commitments not related to this Agreement. Any further development activity
with respect to any of the Villages will be the responsibility of the respective transferee. All of the Villages of Ranch0
Carrillo, are herein referred to collectively as the “Ranch0 Carrillo Project.” Continental is the developer of the Ranch0
Carrillo Project.
C. The City Council of City adopted Resolution No. 97-645, on October 21, 1997, approving Ranch0 Carrillo
Master Plan Amendment, General Plan Amendment, Addendum to Master Environmental Impact Report 93-01, and the
1 Rev.06/28/99
findings and conditions of the Planning Commission Resolutions No. 4165, 4166, and 4167(GPA 96-05 and MP 139[F])
relating to development of a mixed-use, master-planned community within the City of Carlsbad. Finding No. 2 of
Resolution No. 4167 provides as follows:
“All necessary public facilities can be provided concurrent with need and adequate provisions have been
provided to implement those portions of the capital improvement program applicable to the subject property. The Master
Plan has language in the text stating that all future development shall comply with the public facility performance
standards and phasing requirements of the Local Facilities Management Plan (LFMP) for Zone 18. Public facilities are
required to be constructed as development in the Master Plan creates demand for additional facilities.
D. Continental has advanced on behalf of District the cost of constructing water facilities consisting of a new
water transmission main within El Fuerte Street and an intertielmeter vault with Vallecitos Water District, hereinafter
collectively referred to as the Water Work.
E. District will utilize funds collected from water connection fees to reimburse the costs advanced hereunder by
Continental.
F. District and Continental rewgnize that the Water Work exceeds the infrastructure otherwise required of
Continental as required by the Growth Management provisions of the LFMP’s for Zones 10, 17, and 18. Continental
agrees to construct or cause the construction of the Water Work provided the District agrees to reimburse Continental as
set forth in this Agreement.
G. District and Continental desire to enter into a reimbursement agreement which covers the Reimbursable
Work contemplated by the construction of the Water Work.
H. The Water Work shall include the following improvements, as set forth on Exhibit “B”.
(1) El Fuerte Water Transmission Main. Continental agrees to advance all costs necessary to construct
2,058.84 feet of 30-inch diameter potable water pipeline (700 pressure zone) in El Fuerte Street within the north to south
limits of the subdivision identified in the attached Exhibit “6”. The work necessary for said construction is shown on
Drawing 331-1, Sheets 21, 22, and 23, Carlsbad Municipal Water District Project No. 95-402.
2 Rev. 06/28/99
.’
I \
(2) Intertie/Meter Vault with Vallecitos Water District. Continental will advance the costs necessary to
construct the Intertie/Meter Vault in Melrose Drive near the south boundary of the subdivision identified in the attached
Exhibit ‘B” as shown on Drawing 331-1, Sheet 10, Carlsbad Municipal Water District Project No. 86-502.
(3) Definition of “Water Work”. The various items of construction, described in subsections (1) and (2)
above are hereinafter collectively referred to as the “Water Work”.
(4) Estimated Cost of Water Work. District shall reimburse Continental in the manner described in
Section 4 below for the total costs advanced by Continental for the Water Work. The Total Cost and
the Reimbursable Cost for each of the items of Water Work is currently estimated to be as follows:
item Description
1 30-Inch Transmission Main
2 IntertieAfleter Vault
Total Cost
$255,425
$ 70.607
Reimbursable Cost
$255,425
$ 70,607
Total Construction Cost of Work is $326,032 $326,032
NOW THEREFORE, the good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. The Recitals are true and correct.
2. SATISFACTION OF OBLIGATION.
Continental’s agreement to perform the Water Work, as set forth herein, and the actual construction thereof,
shall fully satisfy and constitute full compliance with all requirements regarding the Ranch0 Carrillo Project with respect
to the Water Work.
3. CONTINENTAL OBLIGATIONS.
(a) In consideration of District’s reimbursement and other undertakings as set forth herein, Continental
agrees to construct and install the Water Work.
(b) Continental shall complete all work no later than three ( 3 ) years from the effective date of the
Agreement. Work completed before the effective date of this Agreement shall, subject to the other provisions of this
Agreement, also satisfy this Agreement.
(c) Continental shall use the complete set of City approved plans, specifications, and other design
documentation for the Water Work.
3 Rev. 06128199
(d) By entering into this Agreement, Continental waives any and all potential constitutional
(Nollan/Dolan) objections relating to the Water Work.
4. DISTRICT OBLIGATIONS.
(a) The District shall reimburse Continental an amount ( the “Reimbursement Amount” ) equal to ( i ) the
cost of the Water Work (the “Actual Total Construction Cost of all items of Water Work identified in Recital ‘H” of this
Agreement”), plus, ( ii ) an overhead allocation of four percent ( 4% ) of the Actual Total Construction Cost ($13,041) in
lieu of other reimbursement for Continental’s cost incurred for salary and benefits for staff of Continental’s home offices,
supervision above the level of on-site superintendent, general corporate, legal, and accounting fees, the cost of
borrowed funds, insurance and bond premiums, expenses for meetings with and presentations to governmental agencies
which issue permits or otherwise regulate project approval, (collectively, the “Overhead Costs”), plus, (iii) an additional
two and one-half percent (2.5%) of the Actual Total Construction Cost ($6,151) for construction administration,
engineering design, construction fees and permit fees advanced by Continental, soils engineering, pipeline surveying,
staking, and other incidental costs. The Actual Total Construction Cost shall include all costs associated with the
installation of the Water Work.
Total Reimbursable Costs are:
$326,032 + $13,041+ $6,151= $347,224
(b) District agrees to reimburse Continental for the Water Work as described in Section 5 and 6 below.
5. ACCOUNTING OF COSTS.
(a) When an item of the Water Work has been completed, as described in Section 5(e) below,
Continental shall present District with a complete and detailed accounting of the costs and expenses advanced by
Continental in connection with the Water Work. Upon its receipt of a written request therefor from District, Continental
will allow an audit of such costs and expenses to be prepared at Continental’s expense by certified public accountants
specified by District.
(b) With respect to all hard costs of construction comprising the Water Work, Continental shall solicit
bids from three reputable contractors. Reimbursable Work shall be bid together with Non-Reimbursable work for that
4 Rev. 06/28/99
portion of the Water Work which is being bid by such contractor. Continental may reject a low bid if, in its reasonable
discretion, it does not believe the low bidder will be able to complete its portion of the Water Work competently or timely.
(c) During the performance of any Reimbursable Water Work, Continental shall retain detailed payment
records for all items for Reimbursable Water Work, for use by District in auditing any subsequent requests by
Continental. Continental’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 Work. Reimbursable Requests may be submitted in stages upon
completion of any item of the Water Work in conformance with Section 5 (e).
(d) Continental shall send one copy of each contractor invoice to the “District Engineer” of the Carlsbad
Municipal Water District together with an invoice for all other components of the Reimbursement Amount. The District
Engineer shall consider and approve the request pursuant to this Agreement. If the District Engineer objects to any items
comprising the Reimbursement Amount, the District Engineer shall-notify Continental within ten (10) days of receipt of all
invoices forwarded by Continental. Failure to notify Continental shall be deemed the District Engineer’s approval of such
invoices. In the event the District Engineer does object, Continental and the District Engineer shall meet to discuss the
disputed amount (at which time Continental shall make available all of the Work Documentation) and attempt to resolve
the matter through good-faith negotiation.
(e) Prior to the submission to the District Engineer of the final invoices, Continental shall obtain
necessary or appropriate lien releases from the Contractor, and shall obtain from the City of Carlsbad, the Carlsbad
Municipal Water District, and any and all appropriate governmental agencies, all approvals, certificates, and other
documents necessary to indicate the completion of the Water Work and the ability to put the Water Work into use. The
date Continental receives all such ken releases, approvals, and certificates shall be deemed the date of completion of
the Water Work (the “Completion Date”). Continental may submit its accounting and requests for payment (Section 5)) at
any time. Any delay by Continental in such submittals shall not prejudice Continental’s rights, but shall delay day-for-day
the time in which the District must take any responsive action.
5 Rev.06/28/99
.
(f) Nature of Reimbursable Costs, Notwithstanding the foregoing, if Continental disputes the District
Engineer’s determination of reimbursable costs or believes that sum established by the District Engineer is not consistent
with the specific provisions of the Agreement, then Continental may elect to ( i ) appeal the District Engineer’s decision to
the Board of Directors (and thereafter, at Continental’s option, a Court of proper jurisdiction) for final determination, or ( ii
) submit the dispute for the review and rewmmendation of a neutral and independent civil engineer qualified in
engineering, design and construction and mutually approved by District and Continental; provided, however, said
engineer’s recommendation shall be non-binding and shall not preclude Continental from thereafter appealing the District
Engineer’s decision as described in item ( i ) above.
6. DISTRICT’S PAYMENT OF REIMBURSEABLE EXPENSES.
District shall pay Continental the Reimbursement Amount for its costs (as approved pursuant to Section
5, above) within 30 days after the District’s acceptance of the Water Work, or execution of this Agreement which ever is
later.
7. MISCELLANEOUS.
(a) Disputes: Claims: If a dispute should arise regarding the performance or interpretation of this
Agreement, the following procedure shall be used to resolve and question of fact or interpretation not formally 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 Continental or the Districts General Manager
(General Manager). 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 General Manager, 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 City Manager of the City of Carlsbad. 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 seeking remedies available to them at law.
Rev.06/28/99
(b) Jurisdiction. Continental agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County, California.
(c) Obliaations and Benefits Not Runnina With Land: No Third Partv Beneficiaries. This Agreement
shall bind and inure to the benefit of the parties and their respective successors and assigns. However, it shall not run
with the land or be recorded, and all payments due from the District shall be made to Continental or such assignee as
Continental designates in writing. This Agreement shall not be deemed to confer any rights upon any individual or entity
which is not a party hereto; the parties hereto expressly disclaim any such third-party benefit.
(d) Notice. Unless otherwise specifically provided herein, all notices, demands or other communications
given hereunder shall be in writing and shall be deemed to have 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, addressed as follows:
lf to Continental: Continental Residential, Inc.
Attention: Mr. David Lother
2237 Faraday Avenue, Suite 100
Carlsbad, California 92008
Telephone: (760) 931-l 980
Facsimile: (760) 931-0237
If to District: Carlsbad Municipal Water District
Attention: Mr. Robert J. Greaney, General Manager
5950 El Camino Real
Cartsbad, California 92008
Telephone: (760) 438-2722 X 7106
Facsimile: (760) 431-l 601
or to such other address or to such other person as any party shall designate to the others for such
purpose in the manner set forth above.
7 Rev.06/28/99
-_ -
(9 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall
be deemed an original, but all of which, taken together, shall constitute one and the same instrument.
(g) Govemino Law. This Agreement shall be governed by, and construed in accordance with, the laws
of the State of California.
(h) Complete Aoreement. This agreement contains the entire agreement behveen the parties with
respect to the matters set forth herein, and supersedes all prior or contemporaneous agreements (whether oral or
written) between the parties with respect to the matters set forth herein.
(i) Amendment. Th’ IS agreement may be amended by a written instrument executed by District and
Continental (including for this purpose any successors of Continental, to the extent of their ownership of real property
with Continental Ranch Project), except that no amendment regarding the provisions for reimbursement to Continental
shalt be valid unless executed by Continentat Residential, h.
(j) m. This Agreement shall be effective as of the date hereof, and shall terminate on the earlier of
(i) the date the District fully reimburses Continental the Reimbursement Amount, or (ii) January 1, 2015.
(k) No Third Partv 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.
(I) Attornev’s Fees. In the event of any litigation to enforce the provisions of this Agreement, the
prevailing party in such litigation shall be entitled to rewver from the losing party, its expenses, attorney’s fees, including
attorneys out of pocket expenses, and costs incurred therein or in the enforcement or collection of any judgment or
award rendered therein.
(m) Pavments to Continental. Any payments to Continental by District hereunder shall be made
payable to Continental Ranch, Inc. and shall be forwarded to the following address, or to such other address as
Continental specifies in writing to the General Manager of District:
c/C Continental Residential, Inc.
Attention: Mr. David Lother
2237 Faraday Avenue
Carlsbad, California 92008
8 Rev.06/28/99
/’ . i7
r-
(n) District Authority: District warrants, represents and agrees that it has the legal authority to collect
the funds that it will use to reimburse Continental. District further warrants, represents and agrees that it has the legal
authority to pay these funds to Continental. These warranties, representations and agreements are a material
inducement to Continental to enter into this Agreement. In the event District lacks legal authority to collect the fees
necessary to pay Continental, District shall pay the amount due Continental out of other funds at the same rate as if it
had collected the fees.
III
III
/Ii
Ill
Ill
Ill
Ill
I//
Ill
Ill
ill
ill
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Ill
III
Ill
l/l
9 Rev. 06/28/99
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth
above.
Executed by DEVELOPER this M - day of Executed by DlSTRlCT this //&day of
FEe* ,*&y7
DEVELOPER:
CONTINENTAL RESIDENTtAL, INC.,
A California Corporation A
By: - 4. &
Sign here
ATTEST: BB LORRAINE M. WOOD '
(S-L)
(Proper notarial acknowledgment of execution of DEVELOPER must be attached.)
(Chairman, president or vice-president and secretary or 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 that officer(s) signing to bind the qorporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to
execute the instrument.)
APPROVED AS TO FORM:
RONALD R. BALL _
CMWD 86-502
Rev.06128199
10
-
.
State of California
County of San Diego
)
) ss.
)
On February 24, 2000, before me, Toni Carter, Notary Public, personally
appeared David A. Lother, of Continental Residential, Inc., personally
known to me 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.
State of California
County of San Diego
WI?lI?VESS my hand and official seal.
Tom Carter, Notary Public .
j
1 ss.
)
On February 24, 2000, before me, Toni Carter, Notary Public, personally
appeared Gregory A. Hastings, of Continental Residential, Inc., personally
known to me 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 offkial seal.
” Toni Carter, Notary Public
EXHIBIT A - -. _.
RANCHf’
- -
April 14,200O
Continental Residential, Inc.
Attn: Mr. David Lother
2237 Faraday Avenue, Suite 100
Carlsbad, Ca 92008
RE: AGREEMENT FOR REIMBURSEMENT OF COSTS FOR
CONSTRUCTION OF RANCH0 CARRILLO OFF-SITE SEWER CMWD
PROJECT NO. 86502
At the meeting of April 4,2000, the Carlsbad City Council adopted Resolution No. 2000-108,
approving the above referenced agreement..
RE: AGREEMENT FOR REIMBURSEMENT OF COSTS FOR
CONSTRUCTION OF WATER TRANSMISSION MAIN IMPROVEMENTS
WITHIN EL FUERTE STREET AND VALLECITOS WATER DISTRICT
INTERTIE AND METER VAULT CMWD PROJECT 86-502
At the meeting of April 4,2000, the Carlsbad Municipal Water District Board adopted
Resolution No. 1079, approving the above referenced agreement..
Enclosed for your records is a copy of Resolution No.‘s 2000-108, and 1079, as well as two fully
executed agreements for your files.
If you have questions concerning the contract, please contact Bill Plummer, Deputy City
Engineer, at 602-2768.
Sincgely,
Dee Ulrich
Office of the Carlsbad City Clerk
Enclosures (4)
1200 Carlsbad Village Drive - Carlsbad, CA 92008-7989 - (760) 434-2808 @