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HomeMy WebLinkAboutBirtcher-Pacific; 1982-06-30;REIMBURSEMENT AGREEMENT FOR WATER SYSTEM FACILITIES CONSTRUCTED AS PART OF CARLSBAD TRACT NO. 80-38 BIRTCHER-PACIFIC BUSINESS CENTER "PALOMAR OAKS" THIS AGREEMENT is made this 30th day of june , 19 82 . between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter called "District", and BIRTCHER-PACIFIC, hereinafter called "Subdivider" in view of the following purposes: (a) Subdivider and District have entered into an agreement entitled "Agreement for'Construction of Water System to Serve Subdivision Lands and for Performance Bond - Carlsbad Tract 80-38, Birtcher Business Center, 'Palomar Oaks'," and dated August 10, 1981. This agreement is made a part of this document by full reference. (b) Subdivider has requested and the District has agreed to the preparation and execution of this agreement for the reimburse- ment of certain amounts for specific water system facilities pursuant to the rules and regulations of District Ordinance No. 26. IT IS, THEREFORE, AGREED: 1. District will reimburse Subdivider Fifty percent (50%) of the actual cost of the Subdivider for the construction of the pressure-regulating station as shown on sheet 15 of 20 of the approved plans. Subdivider agrees that the actual cost shall not exceed $35,000.00. The reimbursement shall be made pursuant to the following terms and conditions: (a) Subdivider shall establish the construction cost of the pressure-regulating station. All records of the bidding, estimating, and financial procedures for design and construction shall be submitted to District for review. District shall make the final determination as to the actual value for the cash payment to be made by the District. (b) The District shall make payment to the .Subdivider upon the completion of all work in accordance with plans and specifications and under the terms of this agreement, payment shall be made within thirty (30) calendar days after (COM PC&TEO) - i - the offer and acceptance of the facilities by the District. 2. District will reimburse Subdivider the difference in cost between the 16-inch water main as constructed and a 12-inch water main in the same location. This 16-inch pipeline section along Palomar. Airport Road is set forth in Exhibit "A" attached herewith and made a part hereof. This reimbursement shall be made pursuant to the following terms and conditions: (a) Subdivider shall establish the construction cost of a 12-inch water main system for "comparison" with the actual construction cost of the 16-inch water main system. All records of the bidding, estimating and financial proceedings shall be submitted to District for review. District shall make the final determination as to the actual value for cash payment to be made by the District for the oversizing. (b) The District shall make payment to the Subdivider upon the completion of all work in accordance with plans and specifications and under the terms of this agreement, payment shall be made within thirty (30) calendar days after the offer and acceptance of the facilities by the District. 3. This Agreement shall inure to the benefit of, and the obi i gati ons .'created hereby shall be binding upon the successors and assigns of the parties hereto. 4. The invalidity or illegality of any provision of this Agreement shall not be deemed to affect the validity or legality of any other provision of this Agreement. 5. This Agreement and any amendments hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. 6. This Agreement sets forth the entire agreement and understanding of the parties with respect to the transactions contemplated hereby, and supersedes all prior agreements, arrange' ments, and understandings relating to the subject matter hereof. - 2 - 7. This Agreement may be amended, modified, superseded or cancelled, and any of the terms, covenants or Conditions hereof may be waived, only by a written instrument executed by the parties hereto or in the case of a waiver, by the party waiving compliance. ' 8. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. IN WITNESS WHEREOF, this Agreement has been executed by Subdivider and on behalf of the District by the President of its Board of Directors on the day and year first above written. SEAL COSTA REAL MUNICIPAL WATER DISTRICT By: ^g^? Donald A. MacLeod, President Board of Directors SEAL SUBDIVIDER BIRTCHER-PACIFIC \a ou o < STATE OF CALIFORNIA COUNTY OF. On said Staj personally appeared L i i, bgjore me, the undersigned, a Notary Public in and for £ known to me to be.-the partners of the partnership \ that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. £ Signatun OFFICIAL SEAL' GAIL R. SCHO"GER ORANGE COUNTY Name (This area for official notarial seal) oWOODSIDK/KUBOTA A ASSOCIATES, INC.April 21, 1983 SUMMARY OF COSTS FOR REIMBURSEMENT AGREEMENT CARLSBAD TRACT 80-38 BIRTCHER BUSINESS CENTER — "PALOMAR OAKS" COSTA REAL MUNICIPAL WATER DISTRICT 1. Cost of Pressure-Regulating Station as installed per as-built construction drawings: $ 28,983.00 Overhead (12%) 3.477.96 Total Cost of Pressure-Regulating Station Less: 50% of Actual Construction Cost for Developer's Portion NET AMOUNT OF REIMBURSEMENT FOR PRESSURE-REGULATING STATION 2. Cost of 16" line and appurtenances in Palomar Airport Road and in tract as installed per as-built construction drawings: $ 32,460.96 16,230.48 $16,230.48 16" ACP (3,655 l.f. @$37.00) Overhead (10%) Total Cost of 16" Line $135,235.00 13.523.50 $148,758.50 Less: Cost of equivalent 12" line and appurtenances 12" ACP (3,655 l.f. @$25.50) Overhead (10%) Total Cost of 12" Line $ 93,202.50 9.320.25 102,522.75 NET AMOUNT OF REIMBURSEMENT FOR OVERSIZING OF LINE 3. TEE, GATE VALVE, 12" ACP PER WATER DISTRICT REQUIREMENT: Furnish and install at station 34+92.66 located on Palomar Oaks Way, Tract 80-38 City of Carlsbad, one (1) 16"xl2" tee; one (1) 12" gate valve, 52 l.f. of 12" ACP water pipe and all necessary appurtenances: Overhead (10%) 46,235.75 $ 2,750.00 275.00 NET AMOUNT OF REIMBURSEMENT FOR TEE, GATE VALVE, AND 12" ACP WATER PIPE TOTAL REIMBURSEMENT DUE DEVELOPER $ 3,025.00 $65,491.23 PARED BY:REVIEWED AND APPROVED BY: Y./Kubota, District engineer a R#al Municipal Water District APPROVED BY THE BOARD OF DIRECTORS AT THEIR REGULAR MEETING OF Lloyd R. Massey, Vift^Tresidfent / Planning and Construction, Birtcher Pacific 1983 REFERENCE DOCUMENT: "Reimbursement Agreement for Water System Facilities Constructed as Part of Carlsbad Tract No. 80-38 - Birtcher Pacific Business Center 'Palomar Oaks,'" dated June 30, 1982. LME:paf CMWD 82-128 N EYUIBIT "A