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HomeMy WebLinkAbout2007-03-20; Municipal Water District; Resolution 12921 RESOLUTION NO. 1292 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF 3 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), APPROVING THE RATIFICATION OF REIMBURSEMENT 4 AGREEMENT WITH BRESSI GARDENLANE, LLC, FOR REIMBURSEMENT OF COSTS TO CONSTRUCT OVERSIZED 5 POTABLE WATER PIPELINE IMPROVEMENTS. 6 WHEREAS, the developer of Carlsbad Tract 00-06 ("Project") was conditioned to 7 construct a 12-inch diameter recycled water pipeline in El Fuerte Street and Poinsettia Lane to 8 meet the needs of the residential and industrial areas to be built within Project (the "Project 9 Requirements"); and 10 WHEREAS, Bressi Gardenlane, LLC, has completed developing Lennar Communities 11 Carlsbad Tract CT 00-06 (Bressi Ranch); and 12 WHEREAS, Planning Commission Resolution No. 5206, Condition No. 54F required the 13 developer to oversize public water transmission mains to be constructed as part of this project 14 and eligible for reimbursement, and 15 WHEREAS, Bressi Gardenlane, LLC, has requested CMWD approval of an agreement for 16 reimbursement for the construction of the oversized potable water transmission main (attached hereto, marked Exhibit "1" and incorporated by this reference); and 18 WHEREAS, Bressi Gardenlane, LLC, has submitted a signed Ratification of 19 Reimbursement Agreement for City approval in accordance with City Administrative Procedures; 20 and 21 WHEREAS, the available appropriation in the Water Distribution System Project Nos. 22 3816 and 3913 are sufficient to reimburse Bressi Gardenlane, LLC, in the not to exceed amount 23 of seven hundred twenty one thousand two hundred eighty dollars ($721,280); and 24 WHEREAS, the Water Distribution System Project Nos. 3816 and 3913 is a part of the 25 Water Master Plan updated in March 2003. A Program Environmental Impact Report, (EIR 03-01) 26 was prepared for the Water Master Plan. The Carlsbad City Council approved the EIR on 27 November 11, 2003, Resolution No. 2003-301. 28 1 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal 2 Water District (CMWD) of the City of Carlsbad, California, as follows: o 1. That the above recitations are true and correct. 2. That the President is authorized to execute the Ratification of Reimbursement4 Agreement with Bressi Gardenlane, LLC, for Reimbursement of Costs to Construct Oversized O Potable Water Pipeline Improvements in El Fuerte Street and Poinsettia Lane. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 * 24 " 25 26 " 27 " 28 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 20th day of March, 2007, by the following vote: AYES: Board Members Lewis, Hall, Packard NOES: None. ABSENT: Board Member Kulchin. ATTEST: LORRAINE M. WOOD, Secretary .^"""/, —:55 =