HomeMy WebLinkAboutCarlsbad Corners Inc; 1985-08-07;REIMBURSMENT AGREEMENT
REGARDING
CARLSBAD TRACT NO. 81-5
NORTHWEST CORNER OF INTERSTATE 5/POINSETTIA LANE
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This Agreement is entered into on (j&t^&fais ? , 198
between COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter "DISTRICT") and
CARLSBAD CORNERS, INCORPORATED (hereinafter "DEVELOPER"), with respect to
the fol1owi ng.
A. DEVELOPER has presented the map identified as "Carlsbad Tract
No. 81-5" (the "subdivisi on") to the City of Carlsbad for final approval
under the Subdivision Map Act of the State of California and in compliance
with the provisions of the City of Carlsbad's ordinances applicable to
the filing and approval of subdivision maps. The property emcompassed by
the subdivision lies within the boundaries of the DISTRICT.
B. DEVELOPER and DISTRICT have entered into the following agreement,
related to this Agreement, which together provide for the construction
of public water system facilities to serve the subdivision:
(1) Water System Improvements Agreement regarding Carlsbad
Tract 81-5 -- Northwest Corner Interstate 5/Poinsettia Lane.
This agreement will hereinafter be referred to as "the related agreement."
C. DEVELOPER will construct as part of the improvements a 12-inch
transmission main in Avenida Encinas and a six-inch water main extension
in Avenida Encinas as shown on Exhibit "A" which is attached hereto and
incorporated herein by reference (hereinafter referred to as "12-inch
transmission main in Avenida Encinas" and "six-inch water main extension
in Avenida Encinas"). This 12-inch transmission main in Avenida Encinas
and six-inch water main extension in Avenida Encinas have been determined
by DISTRICT to be eligible for reimbursement.
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D. DEVELOPER has requested reimbursement from DISTRICT pursuant
to the Subdivision Map Act and DISTRICT Ordinance No. 26 for a portion of
cost of constructing the 12-inch transmission main in Avenida Encinas and
six-inch water main extension in Avenida Encinas described in Recital "C".
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. DISTRICT shall reimburse DEVELOPER for the construction of the
12-inch transmission main in Avenida Encinas and six-inch water main
extension in Avenida Encinas as shown on the Benefit Area Map as set forth
in Exhibit "A". The reimbursement shall be made pursuant to the following
terms and conditi ons:
(a) DISTRICT hereby establishes a "Benefit Area Map" of the
12-inch transmission main in Avenida Encinas and six-inch water main
extension as set forth in Exhibit "A."
(b) DISTRICT will establish a "Special Direct Connection
Surcharge" for all users benefiting from the 12-inch transmission
main in Avenida Encinas amounting to a charge per front-foot, based
upon one-half of the actual total cost of the 12-inch transmission
main in Avenida Encinas divided by a total of 3,211.23 lineal feet.
DISTRICT will establish a "Special Direct Connection Surcharge" for
the user benefitting from the six-inch water main extension in
Avenida Encinas amounting to the actual total construction cost of
$1,122.06.
(c) DISTRICT will make payment to DEVELOPER charges collected
by DISTRICT for a period of ten (10) years after the date of acceptance
of the public water system by DISTRICT. The total maximum payment
made to DEVELOPER shall be $42,365.53. DISTRICT shall have no responsibility
or obligation for imposing, collecting or providing reimbursement to DEVELOPER of -,}V,
such surcharges after the ten (10) year period expires. DISTRICT shall not be held
responsible or liable for failure to'collect surcharges, provided it makes reasonable
efforts to do so. _2-
2. For the purpose of establishing the values for all of the public
water system facilities that are eligible for reimbursement under this
Agreement, DISTRICT has established the total cost of the 12-inch transmission
main in Avenida Encinas and six-inch water main extension in Avenida Encinas
to be $83,609.01.
3. Noti ces. All notices or 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: Mr. Cecil Smith
Carlsbad Corners Incorporated
6452 Avenida Manana
La Jolla, CA 92037
To DISTRICT: William C. Meadows, General Manager
Costa Real Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
4. Benefit and Burden. This Agreement shall inure to the benefit
of, and the obligations created hereby shall be binding upon the heirs,
successors and assigns of the parties hereto. The DISTRICT acknowledges
that there did exist a dispute between it and the City of Carlsbad as to
which entity has the right to provide retail water service to this
subdivision, among others, and the right to hold legal title to all
public improvements necessary to provide such service. The DISTRICT
filed an action for declaratory relief in the North County Branch of the
Superior Court of the State of California for the County of San Diego,
case no. N20027, to resolve that dispute. The DISTRICT and the City of
Carlsbad have settled this lawsuit. The parties hereto agree that their
rights and obligations under this Agreement are subject to the judgment,
judicial declaration, settlement or other determination made in the
above-described legal proceeding on June 29, 1983.
5. Severability of Provisions. The invalidity or illegality
of any provision of this Agreement shall not affect the validity or
enforcement of the remainder of this Agreement. If any provision or
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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.
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 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.
7. Governing Law. This Agreement and any amendments hereto
shall be governed by, construed and enforced in accordance with the
laws of the State of California.
8. Construction and Interpretation. This Agreement is one of
two related agreements between DEVELOPER and DISTRICT pertaining to
the construction of water system public improvements for the subdivision.
Where possible, both 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 agreement
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 under-
standings pertaining to that water system.
9. Attorney's Fees. The prevailing party in any action at law or
in equity, including arbitration, brought to enforce or prevent the
breach of this Agreement, or any provision hereof, including but not
limited to any action for injunctive or declaratory relief, shall b,e
entitled to attorney's fees and costs incurred in such action, including
those incurred in any appeal.
10. Authority to Sign. The individuals who sign this Agreement
on behalf of the undersigned corporation and municipal water district
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warrant that they have the authority and approval to do so on behalf
of such corporation and municipal water district.
CARLSBAD CORNERS INCORPORATED
By:
By:
COSTA REAL MUNICIPAL WATER DISTRICT
J. Bofias, President
Boar/3 rff Di rectors
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July 5, 1985
SUMMARY OF COSTS FOR AGREEMENT FOR CONSTRUCTION
OF 12-INCH WATER MAIN IN AVENIDA ENCINAS
CARLSBAD TRACT 81-5
COSTA REAL MUNICIPAL MATER DISTRICT
12-INCH WATER MAIN IN AVENIDA ENCINAS
Cost of Constructing 12-inch Water Main in Avenida Encinas as installed per as-built
construction drawings:
A. TRANSMISSION MAIN IN AVENIDA ENCINAS AND CONNECTIONS
B.
12" CL150 ACP
10" CL150 ACP
12" Gate Valve
12" Tee
12"xl2"xlO" Tee
12" End Cap
2" Blow Off
1" MAR
1" AVA
Subtotal
Engineering & Surveying - 5%
3,010 l.f. 9 $ 22.70
80 l.f. 9 $ 22.40
5 each 9 $775.00
2 each 9 $390.00
1 each 9 $375.00
2 each 9 $160.00
4 each 9 $515.00
2 each 9 $195.00
1 each 9 $640.00
WATER MAIN EXTENSION TO PARCEL "A" *
1 each 9 $375.00
1 each 9 $520.00
12"xl2"x6" Tee
6" Gate Valve
Subtotal
Engineering & Surveying - 5%
$ 68,327.00
1,792.00
3,875.00
780.00
375.00
320.00
2,060.00
390.00
640.00
$ 78,559.00
3,927.95
$ 548.63
520.00
$ 1,068.63
53.43
$82,486.95
TOTAL COST OF CONSTRUCTION
1,122.06
$83,609.01
C. AMOUNT ELIGIBLE FOR REIMBURSEMENT FROM FUTURE DEVELOPMENTS
Trans. Main in Avenida Encinas and Connections - 50%
Water Main Extension to Parcel "A" - 100%
$ 41,243.47
1.122.06
TOTAL AMOUNT ELIGIBLE FOR REIMBURSEMENT FROM FUTURE DEVELOPMENTS $42,365.53
PREPARED BY:
WOODSIDE/KUBOTA & ASSOCIATES, H.
SPECIAL ENGINEERING
REVIEWED AND APPROVED BY:
CARLSBAD CORNERS, INC.
,. Jack Y. ^ota
Date 7 Date ; 'Id .*
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APPROVED BY THE BOARD OF DIRECTORS AT THEIR REGULAR MEETING OF , 1985
REFERENCE DOCUMENT: "Reimbursement Agreement Regarding Carlsbad Tract No. 81-5 - Northwest
Corner of Interstate 5/Poinsettia Lane", dated _ , 1985.
* See "Benefit Area Map" of Reimbursement Agreement.
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CMWD 85-106, 83-208
D102/67 ""TnTTr— ' ........... ...... -*
COST: ..*f
BENEFIT AREA MAP
FOR TRANSMISSION MAIN IN
AVENIDA ENCINAS - C.T. 81-5
INTERSTATE - S
—^— A/ •* «« T* **r
SCALf l~ • £00'
i.010 L.F. If A.C.f. r/lANSMISS/ON MA/U
A.P 214-I'SO-1C
PARCEL A
VICINITY MAP
NO SCALE
12-IHCH t»NSHISSION MAIN
IN AVENIO* CIICINAS
(TOTAL COST • S8Z.4H&.9M
S-1KCH »ATt« HAI» EXTEKSIOII
IN AVENIOA ENCINAS
[TOfAl COST • S1.12Z.U6)
«£IHBUVSEMfNI AHUUNT UOE
f«OH PARCEL A
PAKCII A
S4l.24J.47
A. 14' J« JO hV *» /« '
EXHIBIT "A1
CDSTA REAL MUNICIPAL ft-'
BENEFIT ftRtA MAP
FOR TRANSMISSION MAIN IN
AVCNIDA ENCINAS • CT 8'-'
III ___~