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Home My WebLink AboutCARLSBAD RESEARCH CENTER; 1983-11-15; (3)REIMBURSEMENT AGREEMENT REGARDING CARLSBAD TRACT NO. 81-lOA CARLSBAD RESEARCH CENTER, UNIT NO. 2 This Agreement is entered into on · November 15,, 198_:__, between COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter "DISTRICT") and CARLSBAD RESEARCH CENTER (hereinafter "DEVELOPER"), with respect to the following: A.DEVELOPER is about to present the map identified as "Carlsbad Tract No. 81-lOA" (the "subdivision") to the City of Carlsbad for final approval under the Subdivision Map Act of the State of California and in compliance with jhe provisions of the City of Carlsbad 1 s ordinances applicable to the filing and approval of subdivision maps. The property encompassed by the subdivision lies within the boundaries of the DISTRICT. B.DEVELOPER and the DISTRICT have entered into the following agreements, related to this Agreement, a 11 of which together pro vi de for the construction of a complete public water system to serve the subdivision: (1)Agreement dated September 7, 1983 -16-Inch Waterline Relocation. (2)Agreement dated September 7, 1983 -Supplement for Temporary Water System� (3)Agreement dated November 15, 1983 -Onsite Water System Improvements. These agreements will hereinafter be referred to as "the related agreements." -1- \ . - C.DEVELOPER will construct, as part of the onsite improvements, a 18-inch water line located in Faraday Avenue as shown on Exhibit "A," which has been determined by the DISTRICT to be eligible for reimbursement. D.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 "C". NOW, THEREFORE, in consideration of the mutual obligations set forth below, and the construction by DEVELOPER of the water system improvements describe� above, the .parties agree as follows: 1.Reimbursement for Increased Size of the 18-Inch Waterline in Faraday Avenue. The DISTRICT shall reimburse DEVELOPER for the difference in cost of constructing the 18-inch Faraday Avenue line as planned and what would have been the cost of a 14-inch waterline in the same l.ocation. The estimated amount of reimbursement is $19,326.80. 2. Calculation of Amount to be Reimbursed. DEVELOPER shall determine and furnish to the DISTRICT the estimated cost of constructing a 14-inch waterline in the same location as the 18-inch Faraday Avenue line will be constructed. DEVELOPER shall also forward to the DISTRICT for review all records and data involved in making that estimate. DEVELOPER shall also furnish to the DISTRICT the actual cost of con structing the 18-inch waterline in Faraday Avenue. The DISTRICT shall make the final determination, reasonably and in good faith, based on the information provided by DEVELOPER, as t-0 the actual construction cost which is to be reimbursed to DEVELOPER. 3.Time of Reimbursement. DISTRICT will make the payment required by this provision within thirty (30) days after its acceptance of the dedication by DEVELOPER of the 18-inch waterline in Faraday Avenue. 4.Notices. All notices or oiher communications required or permitted under this Agreement shall be sent by registered or certified -2- ·• •' ,, . mail, return receipt requested, postage prepaid, addressed as follows: To DEVELOPER: To DISTRICT: Mr. Steve Mahoney The Koll Company 7330 Engineer Road San Diego, CA 92111 William C. Meadows, General Manager Costa Real Municipal Water District 5950 El Camino Real· Carlsbad, CA 92008 5.�enefit 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 th�re did exist a dispute between it and the City of Carlsbad as to which �ntity 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 sub- . . ject to the judgment� judicial declaration, settlement or other deter- mination made in the above-described legal proceeding on June 29, 1983. 6.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 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. 7. 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 �ereof 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. -3- .-.. ' ' 8. 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. 9. Construction and Interpretation. This Agreement is one of four related agreements betwe�n DEVELOPER and the DISTRICT pertaining to the construction of water system public improvements for the subdivision. Where possible, all four 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 arid understandings pertaining to that water system. 11. 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 be entitled to attorney's fees· and costs incurred in such action, including those incurred in any appeal. 12. Authority to Sign. The individuals who sign this Agreement on behalf of the uridersigned corporation and municipal water district warrant that they have the authority and approval to do so on behalf . of such corporation and municipal water district. CARLSBAD RESEARCH CENTER, ACalifornia General Partnership BY: KOLL CARLSBAD ASSOCIATES, MANAGING PARTNER BY: THE BY: ��""� �'• .... __ .//ff PP, VICE PRESIDENT -4- COSTA REAL MUNICIPAL WATER DISTRICT -. --- . I -~-. ,,.,., ,. ✓, ,. • ' . _y· ' . ) / . ~,;'·· · / t ~ IC/,i~Jt e~~~ / No man M. A mac , President Board of Directors ,/' / SCALE: /"=200' /18/14" WL. 11I I : I I I f I /, I I � I l \ I 1 \ ,· ,,, , / / / ·// C ------FA RADAY 43 i I 42 39 C!lf?LSB!}D RE5£fJRCH CENTER UIJIT loJO 2 C. T. NO. t3!- JOEXHIBIT "11• 41 40 ., I I -I I () \. '\ j / / ,./ CMWLJ 82-204 I - ; I u I / t / I / . � STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) - ss. On this 15th day of November , in the year 19 83 , before me Marla L. Wagner , a notary public in and for said County and State, personally appeared Bernard E. Fipp , personally known to me to be Vice President of The Koll Company, a California Corporation, the Corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said Corporation, said Corporation being known to me to be Managing Partner of Koll Carlsbad Associates, a California General Partnership, the Partnership that executed the within instrument, and acknowledged to me that said Partnership executed the same as General Partner of Carlsbad Research Center and that Carlsbad Research Center executed the same. In witness whereof, I have hereunto set my hand and affixed my notarial seal, the day and year in this certificate first above written. laJOAW�� NOTARY-P-lJBLIC IN AND FOR SAID COUNTY AND STATE ..