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Home My WebLink AboutCT 81-46; Carlsbad HHG/APM Hotel Venture LP; 1999-0800551; Reimbursement Agreement/ReleaseORIGINAL DOC tl 1999-0800551 RECORDING REQUESTED BY: Carlsbad’Munic~pal Water District 5950 El Camino Real Carlsbad, California 92008 WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 DEC 09, 1999 8:49 Ail MICICK RECORDS 1821, !H DIEGO WUNTY REClRDER“s OFFICE GREGORY ;.ITH, CouNTy RECORDER : 0.00 lmmllll~ll~llll~ll~lll~llY 1 QQQ-0800561 Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) Space above this line for Recorder’s use. 6P REIMBURSEMENT AGREEMENT REGARDING CARLSBAD AIRPORT CENTER, LOT 28, CARLSBAD TRACT 81-46, UNIT 2 CMWD PROJECT NO. 98-202 (Agreement No. 1 - Total Cost of Pipeline) This Agreement is entered into on Nnv~slher_3nth_, 19s, between CARLSBAD MUNICIPAL WATER DISTRICT (hereinafter “DISTRICT”) and CARLSBAD HHG/APM HOTEL VENTURE, L.P., a Delaware Limited Partnership (hereinafter “DEVELOPER”), with respect to the following: A. DEVELOPER has presented the map identified as CARLSBAD AIRPORT CENTER, LOT 28, CARLSBAD TRACT 8146, UNIT 2, (the “subdivision”) to the City of Carlsbad and obtained 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. DEVELOPER and the DISTRICT have entered into the following agreement, which will provide for the .-I-r. I ^ - _ “v--I.^-. *..-- construction to Change Connection Configuration From 8-inch Hot Tap to 8-inch Valved Tee to serve the -.DIIcI .1 .-..w subdivision: .--‘Uw~r This agreement will hereinafter be referred to as “the Agreement.” -,-. >l_w,e..I _.,._, C. DEVELOPER will construct, as part of the onsite improvements, the fojlowing facility: Change Connection Configuration From 8-inch Hot Tap to 8-inch Valved Tee. 3/12/91 REV. 1822 These facilities are to be constructed and are shown on Exhibit “A” attached hereto and made a part hereof. These facilities have been determined by DISTRICT to be eligible for total reimbursement. NOW, THEREFORE, in consideration of the mutual obligations set forth below, and the construction by DEVELOPER of the water system improvements described above, the parties agree as follows: 1. Reimbursement for Construction of: DISTRICT shall reimburse DEVELOPER for the total cost of construction to Change Connection Configuration From 8-inch Hot Tap to 8-inch Valved Tee. 2. Calculation of Amount to be Reimbursed: DEVELOPER shall determine and furnish to the DISTRICT the estimated cost of constructing Change Connection Configuration From 8-inch Hot Tap to 8- inch Valved Tee. DEVELOPER shall also forward to the DISTRICT for review all records and data involved in making the estimate. After completion of all construction of public facilities, DEVELOPER shall furnish to the DISTRICT the actual cost of constructing to Change Connection Configuration From 8-inch Hot Tap to 8-inch Valved Tee. DISTRICT shall make the final determination, reasonably and in good faith, based on the information provided by DEVELOPER, as to the actual construction cost which is to be reimbursed to DEVELOPER. The total cost of the reimbursement for this work shall not exceed Three Thousand Nine Hundred Dollars ($3900.00). 3. Time of Reimbursement. DISTRICT will make the payment required by provision within thirty (30) days after its acceptance of the dedication by DEVELOPER of the public water system. 4. Notices. All notices or other communication required or permitted under this Agreement shall be sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To Developer: MR. KEVIN KEEFER, PRESIDENT CARLSBAD HHG/APM HOTEL VENTURE, L.P., a Delaware Limited Partnership 4441 WEST AIRPORT FREEWAY IRVING, TEXAS 75062 To District: ROBERT J. GREANEY, DEPUTY PUBLIC WORKS DIRECTOR CARLSBAD MUNICIPAL WATER DISTRICT 5950 EL CAMINO REAL CARLSBAD, CALIFORNIA 92008 3/12/91 REV. ,. / .’ . l&F3 5. Severabilitv of Provisions. The invalidity of illegality of any provision of this Agreement shall not affect the validity or ‘enforcement of the remainder of this Agreement. If any provision or term hereof is found to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect as though the invalid or unenforceable provision was not a part of the Agreement. 6. Waiver or Amendment. No provision of this Agreement, nor any breach hereof, can be waived unless in writing. Waiver of any one breach of any provision hereof shall not be construed as a waiver of any other breach of the same or any other provision hereof. This Agreement shall be amended or modified only by a written agreement signed by the party to be charged with the amendment. 7. Governina Law. This Agreement and any amendments hereto shall be governed by, construed and enforced in accordance with the laws of the State of California. 8. Construction and Interpretation. This Agreement is one of one agreements between DEVELOPER and the DISTRICT pertaining to the construction of water system public improvements for the subdivision. This Agreement contains the entire understanding and agreement of the parties as to the construction of the complete water system for the subdivision, and supersede all prior agreements, statements, discussions, representations and understandings pertaining to that water system. 9. Indemnification. Except for the obligation to reimburse developer as stated herein, the District shall have no other responsibility or liability of any kind whatsoever, and Developer agrees to indemnify District against claims, lawsuits, demands or liability of any kind resulting from or arising out of the performance of the work of construction. Ill Ill Ill Ill ill Ill Ill Ill Ill Ill 3/12/91 REV. . 1824 10. Authoritv to Sian. The individuals who sign this Agreement on behalf of the undersigned partnershio certify that they have the authority and approval to do so on behalf of such partnership. Executed by DEVELOPER this 33 DEVELOPER: CARLSBAD HHGlAPM HOTEL VENTURE, L.P., a Delaware Limited Partnership By: Huntington I Andrus S.D. Hotel Development, Inc. n ,. Kevin M. Keefer, President of General Partners ATTEST: v DISTRICT: CARLSBAD MUNICIPAL WATER DISTRICT: ALETHA L. RAUTENKRANZ, Ci Y Clerk Lorraine M. Wood, Deputy Ci y Clerk Patricia S. Santini, Secretary (print name/title) Date: 1-l/30/99 (Architect/License Number) (Proper notarial acknowledgment of execution by DEVELOPER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL CMWD 98-202 3/12/91 REV. : , 1825 Exhibit “A” C.E. WILSON CORPORATION 662 Grand Avenue Spring Valley, CA 91977 (619) 464-6721 JOB NAME: COURTYARD BY MARRIOTT BID ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL Owens Avenue Change Connection Configuration From 8” Hot Tap To 12” x 12” x 8” 1 Tee Per Attached Sketch. LS 1 $3,900 $3,900 TOTAL COST $3,900 _. ’ 1826 lw STATE OF V 1 ml IG5 1 ss. COUNTY OF J On I I- pp.94 before me, DATE NAMC AND TITLE dF OFFICER personally appeared b;fj fl. kkL-&x, ~&?ji~& tih ?Ak& 5. %f-h, %cYdtm-q NAME(S) OF SIGNER(S) ” h personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIG&TURE OF N6TARY K, ELAINE pAV\KIKO Notary Public. State of Texas My Commission Expire8 DEC. 2,200O (This area for official notary seal.) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD 98-202 t&kJ 2 5 -4195 Rev.