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Home My WebLink AboutCT 92-03; Brehm-Aviara III Development Associates LP; 1999-0039203; Reimbursement Agreement/ReleaseRECORDED REQUESTED BY Brehm-Aviara Development Associates, L.P. 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].) DOE # 1999-0039203 JAN 25s 1999 IO:46 &WI oFF1c1Eu. REm scy( DIEGO CUJNTV RECORDER’S OFFICE GREGfRY kllITHs CDIfiyooREiXRlFR : . Space above this line for Recorder’s Use. Agreement 1 REIMBURSEMENT AGREEMENT REGARDING AVIARA PHASE III, UNIT 3 PLANNING AREA 21, CARLSBAD TRACT 92-03 CMWD PROJECT NO. 96-515 (Agreement No. l- Oversizing of Pipeline) This Agreement is entered into on -: 19%< between CARLSBAD MUNICIPAL WATER / DISTRICT (hereinafter “DISTRICT”) and BREHM-AVIARA III DEVELOPMENT ASSOCIATES. L. P.. a Delaware limited partnership (hereinafter “DEVELOPER”), with respect to the following facts: A. DEVELOPER is about to present the map identified as AVIARA PHASE III. UNIT 3. PLANNING AREA 21, CARLSBAD TRACT 92-03, FM 92-033. CMWD PROJECT NO. 96-515 (the “subdivision”) to the City of Carlsbad for final approval under the Subdivision Map Act of the State of California and represents that DEVELOPER is in compliance with the provisions of the City of Carlsbad’s ordinances applicable to the filling 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 offsite improvements, an increased size of the water main from eiaht-inch (8”) to twelve-inch (12”) oer District reauest as shown on Exhibit “A”, which has been determined by the DISTRICT to be eligible for reimbursement. 09128198 Rev. 2295 ” 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 water system improvements described in Recital “B”. 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 Increased Size. The DISTRICT shall reimburse DEVELOPER for the difference in cost of constructing the oversizina of the waterline in Docena Road to a twelve-inch (12”) PVC line from an eiaht-inch (8”) PVC line. Chanae was discovered after eiaht-inch @“I line was dua for and bedded. In addition, eiaht-inch (8”) iron was alreadv bolted and the eiaht-inch (8”) tee at Fiona Street was previouslv installed as planned and what would have been the cost of a/an eiaht-inch (8”) waterline in the same location. The estimated amount of reimbursement is $10.047. 2. Calculation of Amount to be Reimbursed. DEVELOPER shall determine and furnish to the DISTRICT the estimated cost of constructing a/an a-inch waterline in the same location as a twelve-inch waterline will be constructed. DEVELOPER shall forward to the DISTRICT the actual cost of constructing the oversizina of the eiaht-inch waterline to a 12-inch waterline. The 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 payment required by the provision within thirtv (30) days after its acceptance of the dedication by DEVELOPER of the Aviara Phase III. Unit 3. Plannina Area 21, Carlsbad Tract 92-03. 4. Notice. All notices of other communications required or permitted under this Agreement shall be sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To DEVELOPER Richmond O’Neill. Proiect Manaer The Brehm Comoanies 2835 Camino Del Rio South. Suite 220 San Dieao. California 92108-3882 To DISTRICT Robert J. Greanev. General Manaaer Carlsbad Municioal Water District 5950 El Camino Real Carlsbad. California 92008 5. Severabilitv of Provisions. The invalidity of illegality of any provisions of this Agreement shall not effect the validity or enforcement of remainder of this Agreement. If any provision or term hereof is found to be invalid or 2 09128198 Rev. 2296 ” 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 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. Construction and Interoretation. This Agreement is one of one related agreements between DEVELOPER and the DISTRICT pertaining to the construction of water system public improvements for the subdivision. Where possible, all not anolicable related agreements shall be construed in harmony with each other, to effectuate the parties’ intent to construct a complete water system for the subdivision. This Agreement and the related agreements contain 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. 8. 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 Ill Ill 3 09128198 Rev. .- 22il7 9. 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 @?f ?Jay of Executed by DISTRICT this ,192fy DEVELOPER: BREHM-AVIARA III DEVELOPMENT ASSOCIATES, L.P., a Delaware limited partnership DISTRICT: CARLSBAD MUNICIPAL WATER DISTRICT By: Brehm-Aviara Group, LLC, a California limited liability company, its general partner By: The Brehm Companies, LLC, a California limited liability company, its manager (name of developer) By: , Sr. Vice President (title of signatory) (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 Assistant General Cou CMWD 96-515 4 09128198 Rev. ’ ‘4 2298 STATE OF CALIFORNIA COUNTYOF ,(,, D~Q~O ] “’ /???f before me, NAME AtdID TITLE OF OFFICER personally appeared NAME(S) OF SIGNER(S) m personally known to me - OR - 0 Con( 3d whose name Pf Y is/a subscribed to the within instrument and acknowledged to me that he/s It H+f y executed the same in hislh#l$r authorized capacity(&), and that by his/hkt)$r signature(Qf on the instrument the personw or the entity upon behalf of which the person( acted, executed the instrument. (This area for official notary seal.) Title or Type of Document Date of Document Signer(s) other than named above CMWD 96-515 06114195 Rev. WATER PIPELINE OVERSIZE FROM 8” TO 12” \ 2’ VJ 2 i 3 Qr’ -,----_ I ~.~~-~~~~~~-- j ! AVIARA PHASE III, UNIT 3 PLANNING AREA 2, CARLSBAD TRACT 92-03 EXHIBIT DOCENA ROAD WATER PIPELINE A OVERSIZING 8” TO 12”