HomeMy WebLinkAboutCARLSBAD RESEARCH CENTER; 1986-08-20; (13)(
REIMBURSEMENT AGREEMENT
REGARDING
CARLSBAD TRACT 85-24
CARLSBAD RESEARCH CENTER, UNIT NO. 4
AGREEMENT IV
Agreement No. 4 -Reimbursement Agreement
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This Agreement is entered into on ~e?,o , 1986,
between COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter
"DISTRICT") and CARLSBAD RESEARCH CENTER (hereinafter
"DEVELOPER"), with respect to the following:
A. DEVELOPER presented a map identified as "Carlsbad Tract
No. 85-24, -Carlsbad Research Center, Unit No. 4" (the
"subdivision") to the City of Carlsbad and received final
approval under the Subdivision Map Act of the State of California
and represents that DEVELOPER is in compliance with the
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provisions of the City of Carlsbad's ordinances applicable to the
filing and approval of subdivision maps. The property
encompassed by the subdivision lies within the boundaries of the
DISTRICT.
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B. DEVELOPER and the DISTRICT have entered into the
following agreement, related to this Agreement, all of which
together provide for the construction of a complete public water
system to serve the subdivision:
( 1)
( 2)
( 3)
Agreement No. I dated ~c:?o
Onsite Water System Improvements.
Agreement No. II dated ~c;;;f ,tJ
· 16~Inch Waterline Relocation.
Agreement No. III dated ~,;q~
Supplemental for Temporary Water System.
, 1986
, 1986 -
, 1986 -
These agreements will be hereinafter collectively be referred to
as "the related agreements".
C. DEVELOPER will construct, as part of the offsite
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
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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 described above, the parties agree as
follows:
1. Reimbursement for Increased Size of the 18-Inch ---·------
Waterline in Faraday Avenue. DISTRICT shall reimburse DEVELOPER
for the difference in the cost of constructing the 18-inch
Faraday Avenue line as planned and what would have been the cost
of constructing a 14-inch waterline in the same location. The
estimated amount of reimbursement is $35,650.00.
2. Calculation of Amount to be Reimbursed. DEVELOPER shall
furnish to the DISTRICT the actual cost of constructing the 14-
inch waterline in the same location as the 18-inch Faraday
Avenue line will be constructed. DEVELOPER shall also forward to
the DISTRICT the actual cost of constructing the 18-~nch
waterline in Faraday Avenue. The DISTRICT shall make the final
determination, reasonably and in good faith, based on the
information provided by DEVELOPER, as to the actual construction
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cost which is to be reimbursed to DEVELOPER.
3. Time of Reimbursement. DISTRICT wi 11 make 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. Notice. 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
To DISTRICT
5. Benefit and Burden.
Patty Bevil
The Koll Company
7330 Engineer Road
San Diego, California 92111
William C. Meadows, General Manager
Costa Real Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
This Agreement shall inure to the
benefit ~f, and the obligations created hereby shall be binding
upon the heirs, successors and assigns of the parties hereto.
~he DISTRICT acknowledges that there did exist a dispute between
it and the City of Car 1 sbad as to which entity has the right to
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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 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 judgement, judicial declaration, settlement or
other determination 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 this 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 hereof shall not be construed
as a waiver of any other breach of the same or any other
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provision hereof. This Agreement shall be amended or modified
only by written agreement signed by the party to be charged with
the amendment.
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 between 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 effecuate the parties' intent to construct acomplete 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 and understandings pertaining to
that water system.
10. 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,
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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.
11. Authority to Sign. The individuals who sign this
Agreement on behalf of the undersigned partnership and municipal
water district warrant that they have the authority and approval
to do so on behalf of such partnership and municipal water
District.
CARLSBAD RESEARCH CENTER, a
California general partnership,
formerly CARLSBAD PACIFIC
BUSINESS CENTER, a California
general partnership
By KOLL CARLSBAD ASSOCIATES
, Partner
By PROPERTIES, INC.
By
Vice
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COSTA REAL MUNICIPAL
WATER DISTRICT
CRMWD 85-205