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Home My WebLink AboutCT 85-24; Jett, T. Lawrence; 1999-0089137; Reimbursement Agreement/Release- Iloc -It 1999-0089137 FEB 12r 1999 12:12 FM RECORDING REQUESTED BY T. Lawrence JetffJett & Jones, LLC WHEN RECORDED, PLEASE MAIL TO: City 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 (Gov. Code [6103].) !mCIAL RECORDS SAN DiEGO lX!IMY F!EClRDEJ?‘S OFFICE GREGORY J. S#ITH, COl$YYREKRDER FEEI: . 4048 Space above this line for Recorder’s Use REIMBURSEMENT AGREEMENT REGARDING CARLSBAD RESEARCH CENTER, LOT 65, CARLSBAD TRACT 85-24 CMWD PROJECT NO. 98-216 (Agreement No. I- Total Cost of Pipeline) This Agreement is entered into on , 19z, between CARLSBAD MUNICIPAL WATER DISTRICT (hereinafter “DISTRICT”) and T. LAWRENCE JETT, an individual, and JETT AND JONES LLC. a California limited liabilitv comoanv, (hereinafter “DEVELOPER”), with respect to the following: A. DEVELOPER has presented the map identified as Lot 65 of Carlsbad Tract 85-24, (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 construction of an 8-inch diameter pipeline extending from Lot 65 to Lot 64 of Carlsbad Tract 85-24, to serve the subdivision. This agreement will hereinafter be referred to as “the Agreement.” 1 l/30/98 Rev. _ . . . . e L. - C. DEVELOPER will construct, as part of the onsite improvements, the following facility: Approximately 40-feet of 8-inch water pipeline extending from Lot 65 to Lot 64 of Carlsbad Tract 85-24. 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 improvement described above, the parties agree as follows: 1. Reimbursement for Construction of. DISTRICT shall reimburse DEVELOPER for the total cost of construction of extendina a lenath of approximatelv fortv (40’) feet of 8-inch diameter water bipeline from Lot 65 to Lot 64 . 2. Calculation of Amount to be Reimbursed. DEVELOPER shall determine and furnish to the DISTRICT the estimated cost of constructing a lenath of auproximatelv fortv (40’) feet of 8-inch diameter water pipeline from Lot 65 to Lot 64. 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 a lenath of aoproximatelv fortv (40’) feet of 8-inch diameter water oioeline from Lot 65 to Lot 64. 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 $8,500. 3. Time of Reimbursement. DISTRICT will make the payment required by provision within thirty (30) days after its acceptance of the dedication by the 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: T. Lawrence Jett 6 To DISTRICT: Jett and Jones LLC P.O. Box 9672 Ranch0 Santa Fe, CA 92067 Robert J. Greanev, General Manaaer Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 11/30/98 Rev. . . *. 5. Severabilitv of Provisions. The invalidity of illegality of any provision of the Agreement shall not affect the validity 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 of 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. Governino 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 Interoretation. 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 understanding 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 I// III Ill Ill I// III Ill Ill Ill lll3Ol98 Rev. - . . . - 5. Authoritv to Sion. 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. -6-L Executed by Developer this 7 day of a@ . . &vd-.. 119%. DEVELOPER: T. LAWRENCE JETT, an individual, and JETT AND JONES LLC, a California limited liability Company (name of developer) ted by DISTRICT this day of ,19fl. CARLSBAD MUNICIPAL WATER DISTRICT, a Public DISTRICT: - Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, RAYMOND-R. PATCHE$@,Eqecut&ve By: B (title of signatory) / By: Fgn here) (title of sigdatory Public Works ATTEST: ' P. E. Director , ..I- c 7,' (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 JAWOBALDI A#stant General Counsel CMWD 98-216 11/30/98 Rev. - 4052 STATE OF CALIFORNIA COUNTYOF %ti3=‘= : “’ On 1’2/07 lss c@Z3 & I E\(~~Q\I sst\lc before me, DATE NAME AND TITLE OF OFFICER personally appeared -I NAME(S) OF SIGNER(S) Ed personally known to me - OR - 0 3 person@$ whose nameo@&e subscribed to the within instrument and acknowledged to me that M executed the same @he&heir authorized capacity@+), and that b&&e&be+ signature(s) on the instrument the person@& or the entity upon behalf of which the person++acted, executed the instrument. (This area for official notary seal.) x Title or Type of Document -\t”&@sE&EM Date of Document - 12--07-%3 Signer(s) other than named above $?E:cA&~ao ,i2saQct( cw* Lnc6 No. of Pages 4 CMWD 98-216 06114195 Rev. 4053 STATE OF CA 1 k ss. COUNTY OF r=ljO 1 On \Z-7 -48 before me, DATE NAME AND TITLE OF OFFICER personally appeared NAME(S) OF SIGNER(S) Ed personally known to me - OR - E to be the person++ whose name(e)@are subscribed to the within instrument and acknowledged to me that- executed the same in (i&m& authorized capacityC)esf, and that b~signature@+ on the instrument the person@, or the entity upon behalf of which the person&j acted, executed the instrument. WITNESS ;y hand and official seal. GREG SCADUTO Commission # 1196395 Natuy Public - California Son Diegc County ” Mycomm.~sep14,m (This area for official notary seal.) $?.a&@~~ AGR&MEc-rr &: cA~~~sEIpocc( (!li3dm &JP-(& Title or Type of Document’ Date of Document [‘L-o7 -SE3 _ No. of Pages 4 .- Signer(s) other than named above CMWD 98-216 06114195 Rev. . ‘ - . 4 .-, %i (ts t .&- N- Q Q b . a- -4 -2: vl* 3q .:Q. 11 k 11 M -- - i i \ \ --..-- -I 4 ., . _.. _.. . :- 9 7 .._ --~-a YCLA : ..I -- .- .---- ..- -._ -. ----- ; h-u Y ’ -. .‘p-’ _ - 3 ,$a -. 3 5