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Home My WebLink AboutCT 84-32A; Greystone Homes Inc; 1997-0577743; Reimbursement Agreement/Release* t *! .. RECORDED REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: SecretarylCity Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Please record the document at no fee as it is to the benefit of the District (GO~. Code [6103].) -.-~ z “._* .1 Q 17, pgg’;-’ FEE$: I I llllll1lll1 Ill1 llllll ll~~~~!~~~llll 1015 . ~.------ ---.. .‘ 0 lo* .* - B. DEVELOPER will construct, as part of the improvements, an eiqhteen (18”) ir ’ reclaimed water pipeline as shown on Exhibit “A, which has been determined by the DISTRICT for reimbursement. C. DEVELOPER has requested reimbursement from the DISTRICT pursuant to the Map Act and DISTRICT Ordinance No. 26 for the cost of constructing the reclaimed v improvements described in Recital “B”. NOW, THEREFORE, in consideration of the mutual obligations set forth below, and the cc DEVELOPER of the reclaimed water system improvements described above the parties agree as 1. Reimbursement for Increased Size The DISTRICT shall reimburse DEVELC difference in cost of constructing the eiqhteen (18”) inch diameter reclaimed water Dipeline CI; planned and what would have been the cost of a twelve (12”) inch diameter reclaimed water E same location. The amount of reimbursement is $ 277,039 for construction plus $2,500 for enc total cost of $279,539. 2. Calculation of Amount to be Reimbursed. DEVELOPER shall determine and DISTRICT the estimated cost of constricting an eiqhteen (1 8”) inch diameter reclaimed water DR-25 in the same location as the twelve (12”) inch diameter reclaimed water pipeline will b DEVELOPER shall also forward to the DISTRICT the actual cost of constructing the eiqhtt diameter reclaimed water pipeline. The DISTRICT shall make the final determination, reasonat faith, based on the information provided by DEVELOPER, as to the actual construction cost reimbursed to DEVELOPER. The unit prices shown in Exhibit “R” shall be used as a reference. Time of Reimbursement. Payment will be made by the DISTRICT in conforman 9-3, PAYMENT of the Standard Specifications for Public Works Construction, 1997 Edition, foi work. A lump sum payment for one hundred (100%) percent of the oversizing cost will be mad within thirty (30) days of acceptance of the work by the District. 3. 4. Notice. All notices or other communications required or permitted under this Agr( sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follc 2 6015 Brian Nestoroff Grevstone Homes, Inc. 495 E. Rincon, Suite 115 Corona, CA 91719 Robert J. Greanev. General Manaaer Carlsbad MuniciDal Water District 5950 El Camino Real Carlsbad, CA 92008 . .. e I.. ' 1 TODEVELOPER To DISTRICT 5. Benefit and Burden. This Agreement shall inure to the benefit of, and the obligz hereby shall be binding upon the heirs, successors and assigns of the parties hereto. 6. Severabilitv of Provisions. The invalidity or illegality of any provision of this Agree effect the validity or enforcement of the remainder of this Agreement. If any provision or term her1 be invalid or unenforceable, the rest of the agreement shall remain in full force and effect as tho1 or enforceable provision was not a part of the Agreement. 7. Waiver or Amendment. No provisicn of this Agreement, nor any breach hereof, ( in writing. Waiver of any one breach of any provision hereof shall not be construed as a waiver of the same or any other provision hereof. This Agreement shall be amended or modified on agreement signed by the party to be charged with the amendment. 8. Governinq Law. This Agreement and any amendments hereto shall be governed and enforced in accordance with the I~WS of the State of California. 9. Construction and Interpretation. This Agreement contains the entire unde agreement of the parties as to the construction of the complete water system for the subdivision all prior agreements, statements, discussions, representation and understandings pertaininc system Ill Ill Ill 111 3 I- a 0 35 $ ’ : IO. Authoritv to Sian. The individuals who sign this Agreement on behalf of the . corporation certify that they have the authority and approval to do so on behalf of such corporation. Executed by DEVELOPER this 2% -c+ day of this 30th day of DEVELOPER: D I STRl CT: GREYSTONE HOMES, INC., A DELAWARE CARLSBAD MUNICIPAL WATER CORPORATION DISTRICT (name of developer) Executed by DISTRICT Pc\GutsT- ,1991. October 193. By: By: Dbision President CLAUDE A. LEWIS, President Coastal Vdev Board of Directors (title of signatory) (title of signatory) APPROVED AS TO FORM: RON R. BALL, Gmersl CGunsel By: By: ‘qeLw (sign here) (sign here) (title of signatory) CMWD 82-302 4 0 0 * 101 STATE OF CALIFORNIA COUNTY OF RIVERSIDE On October 20, 1997, before me, Linda Kaniasty, Notary Public for County of San Diego, personally appeared TODD PALMAER , personally known to me to be the person whose name is subscribed to t within instrument and acknowledged to me that he executed the same in his authorized capacity and th by his signature on the instrument, the person or entity upon behalf of which the person acted, executec the within instrument. WITNESS my hand and ofliciabeal. w-36. i-~~.&~~~ Linda Kaniasty, Notary Public TC res Oc!ohs- 31, ;037 ( Le- & &% CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Individual - XX- Corporate Officer President Partners Greystone Homes, Inc., A Delaware Corporation __ Assistant Secretary Corporation as a Partner --- Other -- THIS CERTIFICATE MUST BE AlTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT --Reiinburseineiit Agreeineiit re reclaimed Water Pipeline (Cobblestonc NUMBER OF PAGES4 + resolution, exhibit “b’ aiid notary achowledgement NUMBER OF SIGNERS 2 . a 0 '1111 -* .\. CERTIFICATE OF SECRETARY OF GREYSTONE HOMES, INC. I, Robert W. Garcin, Secretary of Greystone Homes, Inc. he certify that the following is a true and correct copy c Resolution duly adopted by the Board of Directors of Greys Homes, Inc. on June 12, 1995 and that said Resolution is in force and effect and has not been rescinded or modified: RESOLVED, that Todd Palmaer, President/Inland Empire Division, acting alone be and is hereby authorized on behalf of this Corporation to enter into contracts for services, purchase materials and supplies, execute applications, government and quasi-government permits aEd licenses, obtain F3A and VA approvals, enter ir,to written contracts with City and Councy agencies (including school subdivision of real property owned, or under contract to purchase by sale agreement or option, which contracts are a part of said subdivision process, execute documents or instruments burdening this Corporation's real property as a part of the subdivision process, including but not limited to Subdivision Improvement Agreements, easements, rights-of-way, licenses, covenants, conditions and reservations ("CC&R's"), annexation agreements, applications for Department of Real Estate public reports, title company indemnification agreements relating to Corporation real property, public and quasi- public utility service applications and contracts, temporary entry agreements, concracts for the sale or rental of this Corporation's residential real property when such real property is improved with a housing unit and is a part of a residential subdivision which latter authority includes the authority to execute escrow instructions, Grant Deeds and other instruments of conveyance, and all other contracts involving this Corporation's ordinary course of business EXCEPT he shall have no authority to borrow money, purchase real property, sell real property other than as hereinabove permitted or execute surety bonds on behalf of this Corporation. districts) preliminary to Gr concurrent with the I .- ’. ’r) 4 . * 0 .be** . ,’ RESOLVED FURTHER, that the authority herein conferred shall remain in force until revocation thereof by the Board of Directors of this Corporation. ,dA:A Dated: June 12, 1995 Robert W. Garcin, Secretary of Greystone Homes, Inc. (Corporate Seal) * I $ . .’ m EXHIBIT “B” 0 ‘I UNIT PRICE BREAKDOWN WATER PIPELINE OVERSIZING .-‘ . FOR RECLAIMED Quantity Description Unit Price - TI 46.74 LF 18 EA 18” BUTTERFLY VALVE @ 4,500.00 EA 16 EA 18”x 2” MAR ASSY @ 1,560.00 EA 1 EA 18” x 2” BLOW OFF ASSY @ 1,560.00 EA 2 EA 18”x 2” COPPER SERVICE (15’) @ 1,700.00 EA 1 EA 18” x 1 %” COPPER SERVICE (55’) @ 1,700.00 EA 1 EA 18”x1~z’r COPPER SERViCE (35’) @ 1,500.00 EA 2 EA 18” x 1 %” COPPER SERVICE (25’) @ 1,400.00 EA 2 EA 18” x 1%” COPPER SERVICE (I 5’) @ 1,300.00 EA 2 EA 18” CAP ASSY @ 400.00 EA 1 EA CONNECT TO 12” PVC W/BEND @ 3,500.00 EA 1 EA CONNECT TO 18” W/REDUCER @ 3,432.00 EA 507 LF REMOVE EX 12” PVC-SHT 6/7 @ 8.95 LF 1 EA PLUG EX 12” PVC-SHT 7 @ 350.00 EA 175.00 EA 8255 LF 18” PVC (DR-25, CL-I65)-RECLAIMED @ (AVIARA PKWY) (BLACK RAIL RD) (BLACK RAIL RD) (BLACK RAIL RD) - 18 EA ADJUST VALVES TO GRADE AFTER PAVING @ TOTAL $5 ($2 DEDUCT COST OF 12” PVC RECLAIMED WATER PIPELINE OVERSIZING COST: $27