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Home My WebLink AboutCT 91-12; Bramalea California LLC; 1998-0008662; Reimbursement Agreement/Release;- . -. .- DOC -:;: 1998-0008662 . * . ’ . - . 759 JAN OS, 1938 II:03 #WI RECORDING REQUESTED BY Bramalea California, 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].) oFF1c1hl RECORDS SAN DIEGO COMTY RECORDER’S OFFICE GlEG!xY ;gml, cyTyEcoFm : . I IllIll I lllll lllll ll~~~~~~~~~~lll II IllI lllll llll Ill1 F i i ’ i’. I Space above this line for Recorder’s Use Agreement 1 REIMBURSEMENT AGREEMENT REGARDING MARINER’S POINT - RECLAIMED WATER PIPELINE EXTENSION CARLSBAD TRACT 91-12, CMWD PROJECT NO. 86-504 (Agreement No. I- Total Cost of Pipeline) This Agreement is entered into on DISTRICT (hereinafter “DISTRICT’) and B c- , 19z, between CARLSBAD MUNICIPAL WATER FORNIA, a California limited liabilitv comuanv (hereinafter “DEVELOPER”), with respect to the following: A. On &A:/..# ,+9%$ by Resolution No. y&/3 , City of Carlsbad approved the recordation of the final subdivision map for Mariner’s Point. Carlsbad Tract 91-12. CMWD Proiect No. 86-504 (the “subdivision”) and represents that DEVELOPER is 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 will construct, as part of the improvements, a twelve f12”) inch diameter reclaimed water pioeline in Aviara Parkwav extendina from Poinsettia Lane south to the existina six (6’7 inch diameter reclaimed water 02-12-i. F PG~:C+~ IN 1 O/l O/97 Rev. - 760 -.. pioeline a lenath of aoproximatelv 328-feet as shown on Exhibit “A”, which has been determined by the DISTRICT to be eligible for reimbursement. C. DEVELOPER has requested reimbursement from the DISTRICT pursuant to the Subdivision Map Act and DISTRICT Ordinance No. 26 for the cost of constructing the reclaimed water pipeline improvements described in Recital “B” . NOW, THEREFORE, in consideration of the mutual obligations set forth below, and the construction by DEVELOPER of the reclaimed water system improvement described above, the parties agree as follows: 1. Reimbursement for Cost of Pioeline. DISTRICT shall reimburse DEVELOPER for the total cost of construction of the twelve (12”) inch diameter reclaimed water oioeline C-900 PVC Class 150 in Aviara Parkwav extending from Poinsettia Lane south to the existina six (6”) inch diameter oioeline. The amount of reimbursement is $19.77480 for construction. 2. Calculation of Amount to be Reimbursed. DEVELOPER shall determine and furnish to the DISTRICT the estimated cost of constructing the twelve(l2”) inch diameter reclaimed water oioeline C-900 PVC Class 150 . 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. 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: Tom Banks. Vice President. Ooeration Lennar Homes To DISTRICT: 2333 Avenida La Caza Coto de Caza, California 92679 Robert J. Greanev. General Manaaer Carlsbad Municioal Water District 5950 El Camino Real Carlsbad. California 92008 1 O/l O/97 Rev. :* . - 5. Benefit and Burden. This Agreement shall inure to the benefit of, and the obligation created hereby shall be binding upon the heirs, successors and assigns of the parties hereto. 6. 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. 7. 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. 8. Governina Law. This Agreement and any amendments hereto shall be governed by, construed and enforces in accordance with the laws of the State of California. 9. Construction and Intereretation. 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. ill Ill III Ill Ill Ill ill ill III Ill Ill Ill Ill 3 1 O/l O/97 Rev. . .. . ‘. . 8 ,1 I ‘. - 10. Authoritv to Sian. The individuals who sign this Agreement on behalf of the undersigned fi&Md&& \/ certify that they have the authority and approval to do so on behalf of such C4 I?? D4 YI V I Executed by Developer this 27 day of ew=-- ,19=. DEVELOPER: BRAMALEA CALIFORNIA, a California limited liability company (name of developer) By: b-!! (sign here) Yi5-w JP. (title of signatory) By: (sign here) m t?Wrtid Executed by DISTRICT this c* day of ,19x. CARLSBAD MUNICIPAL WATER DISTRICT ATTEST: (SEAL) &Yc -tiy (title of signatory) (Proper notarial acknowledgment of execution of 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 By: 1Ol1Ol97 Rev. 763 -_ . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 r - State of (!l&&ma ‘I County of L&-I &W-4& On 1 Id% kJ&k--Lj P&L I 1 DATE FFICER - E.G., *JAD$ DOE, NOTARY PuSLI~* personally appeared 9 NAME(S) OF SIGNER(S) a 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 ac- knowledged to me that he/she/they 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. IGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL a CORPORATE OFFICER TITLE(S) DESCRIPTION OF ATTACHED DOCUMENT Reimbursement Agreement regarding Mariner’s Point-Reclaimed Water Pipeline Extension Carlsbad Track 91-12, CMWD Projm3 ‘TITLE OR -iYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) g GUARDIAN/CONSERVATOR u OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 ’ CALIFORNIA ALL-PURPOSE ACKNOWLE%$ENT . . I State of PA\i $-I fcnS(3u County of ;t?q 0 On*ru b.199 P before me, s Q n GmPl!. AhmJ . 1 Date ’ Name and Title of Dfficer (e.g., “Janeboe, Notary Pub& kbk. personally appeared gmn R. b&&d> I Name(s) of S!gner(s) &personally known to me - OR -3 whose name(g?@&re subscribed to the within instrument and acknowledged to me that hethey executed the same ‘n his-heir authorized capacity(i&, and that by his/ Gia their signature(s)& the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:2- CT q-la- @-- . c f&t Document Date: A tD\ Q8 Number of Pages: D Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Cl Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Top of thumb here Signer Is Representing: Signer’s Name: Cl Individual 0 Corporate Officer Title(s): Cl Partner - 0 Limited Cl General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here @ 1994 National Notary Association - 6236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-71&3 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627 I2 . p1 * *. . ‘* 765 EXHIBIT “B” UNIT PRICE BREAKDOWN RECLAIMED WATER PIPELINE EXTENTION Quantity Description 328 LF 12” PVC (900 - Class 150) Reclaimed Unit Price @ $60.35 LF Total Cost $19,794.80 1 O/l O/97 Rev. - 7 . I. 766 STATE OF CALIFORNIA 1 iss. COUNTY OF -ti 1 On &x=G-~z%&z z-7,1447 before me, &tJs $4. earn,,” taaih-( PuS~r- DATE NAME AND TITLE OF OFFICER personally appeared W-b-G- ; <i Uxd-Gsd NAME(S) OF SIGNER(S) personally known to me - OR - ” 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 h&she/they executed the same in M&her/their authorized capacity(ies), and that by his&e&heir 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. (This area for official notary seal.) Title or Type of Document wU83*4& M-m-7 Date of Document No. of Pages 5 Signer(s) other than named above d/w CMWD 88-504 06/l 4/95 Rev. EXISTING 12’ PVC RECLAIMED WATER PIPELINE ,;;;s;1rlG2’ PVC C-900 EXISTING 6’ PVC 12” RECLAIMED WA TER PIPELINE EXTENSION REIMBURSEMENT AGREEMENT EXIBIT “A ” 01/05/08 11:15 * - B7BO 431 lBO1 6 CARLSIMV mm I .+*+ c Am 768 5002/002 m- c !, ‘. 7 * b - B~EACALIFORNIA, INC. CERTIFICATE I, TImesa P&o& Assistant Secretary of’&amah Califomi~ Inc., a CdifiPrnia co~oration, hereby cerci& that the fillowing persons have bcm duly eketed and/or appointed to the position(s) set oppmite their respective rimes,, that said elections and/or appointmena: ark in full fbrct and cffiit and., emept where: indi&cd (*), &at any one of the fotIwisg pamns is nuthorized to excmte md deliver documents cmbehalfofthc co& RobertB. talc StlMftA9MilM LeonardMiller . Niraae MngBoloW RobertB.cole StuartkMlller LeonardMh . Alla-n J. P&or TbercsaPointon* M.ESalecia oraGe sauw iUh!eenE.Si~+ JmcsT. Timmona Mm&J. Watrky* JonathanU Jse Nan:chasm&n ElDileKIzafMad Jefmms TomBanks Robat Sawa Title sr. vice l%&lcnt Prcsideat CbairmanoftbeB~ FinancialVice Reskient ASSjSbIltS~ T- Assistautsccretary Asiaant secretary controli= As&ant SW vicePresidcllt ViOZpreskknt Sr. Viil’resident ST. VicePresidcnt Vicel’mident vicePJesidcnt xN7amrNEss W1313U3ks I bslve hermu& signed I& name md afEmd the wqaomtc !&al of Bramalca californiq Inc. DATED this 16th day of %ptcmba 19% 4LL P&G xlluwa POinton* As&ant !3ecmly