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HomeMy WebLinkAbout1999-01-05; Municipal Water District; Resolution 1038. 1 2 3 4 5 6 7 8 9 10 11 12 12 14 15 1E 11 1E 19 2c 21 22 22 24 25 26 27 28 RESOLUTION NO. 1038 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD, CALIFORNIA, FOR APPROVAL OF AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT WITH CATELLUS RESIDENTIAL GROUP, INC. FOR ADDITIONAL WORK INCH STEEL CML&C RECYCLED WATERLINE AND APPRUTENANCES AND APPROPRIATION OF FUNDS, 3661.3662 TO FURNISH AND INSTALL 2,754 LINEAR FEET OF 24- CMWD PROJECT NO. 89-505, CITY PROJECT NO. WHEREAS, the Catellus Residential Group, Inc., as a condition of approval for Carlsbad Tract 93-09 (Ocean Bluff), is conditioned to construct,potable water and recycled water transmission mains in Poinsettia Lane from Aviara Parkway to Black Rail Road; and WHEREAS, the developer's schedule precedes that of the Carlsbad Municipal Water District for the construction of the Poinsettia Lane Water and Recycled Water Pipeline Improvements; and WHEREAS, on September 22, 1998, the Board of Directors by adoption Resolution No. 1026 approved a Reimbursement Agreement for the construction of said improvements in Poinsettia Lane; and WHEREAS, the District requires an additional 2,754 linear feet of 24-inch steel CML&C recycled waterline and appurtenances to meet the future mater planned requirements; and WHEREAS, an Amendment No. 1 to the original Agreement has been executed by Catellus Residential Group, Inc. requesting reimbursement in the amount of $1 59,136.70 for the additional work; and WHEREAS, the Catellus Residential Group, Inc. desires to begin construction of Poinsettia Lane immediately; and WHEREAS, adequate funds exist in the water connection and water replacement funds to pay for the construction of the recycled water transmission main and were appropriated previously in the 1998-99 Capital Improvements Program; and P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1P 15 2c 21 22 2z 24 25 26 27 28 0 0 WHEREAS, the Planning Director has determined that the requested action is in compliance with prior environmental review conducted for Zone 20 LFMP Program EIR90- 09 by adoption of Resolution No. 3869 approved on December 20, 1995, and EIR 90-09A by adoption of Resolution No. 4391 approved on June 17, 1998. NOW, THEREFOR, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water District of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Amendment No. 1 to the original Reimbursement Agreement by and between the Catellus Residential Group, Inc. and the Carlsbad Municipal Water District is hereby approved and the President is authorized and directed to sign said agreement on behalf of the Board of Directors. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District on the 5 th day of January , 1999 by the following vote to wit: AYES: Board Members Lewis, Nygaard, Finnila, Hall & Kulchin NOES: None ABSENT: None ATTEST: (SEAL) CMWD 89-505