HomeMy WebLinkAboutKoll-Wells/El Camino Associates; 1983-08-01;,•
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REIMBURSEMENT AGREEMENT FOR RELOCATION OF TRANSMISSION MAIN IN EL CAMINO REAL --SITE DEVELOPMENT PLAN 82-2 PARCEL 1 OF PARCEL MAP NO. 10056 KOLL-WELLS/EL CAMINO ASSOCIATES
THIS AGREEMENT is made this 1st day of August , 198_3_
between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter called "DISTRICT",
and KOLL�WELLS/EL CAMINO ASSOCIATES, a California General Partnership,
hereinafter called "DEVELOPER", in view of the following facts and purposes:
(a)DEVELOPER has obtained the approval from the City of Carlsbad
for Site Development Plan 82-2 for Parcel 1 of Parcel Map No. 10060.
The subject property is located on El Camino Real, northerly of Faraday
Road.
(b)DEVELOPER is required by the City of Carlsbad to improve the
frontage of the property along El Camino Real and included within that street
improvement program is the widening of the public street.
(c)The street improvement project will create conflict between the
existing 20-inch high pressure steel water transmission main of the DISTRICT
so that it is necessary for a relocation of that pipeline system.
(d)DEVELOPER has determined the practicability of the relocation
of the existing 20-inch steel water transmission main and the DISTRICT
approves the relocation and agrees to become a participant in the project
for the relocation of the facility.
(e)DEVELOPER has prepared the engineering construction drawings
entitled "Plan and Profile of Improvements of El Camino Real Adjacent to
Parcel 1 of Parcel Map No. 10060" consisting of 2 sheets as prepared by
Helix Engineering Service --Frank B. Finney, Registered Civil Engineer
10109 and included in these drawings is the work of the water transmission
relocation.
(f)DISTRICT has approved the engineering construction drawings
and subject to the final approval by the City Engineer of the City of
Carlsbad, the actual construction project can be commenced.
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IT IS, THEREFORE AGREED:
1.DEVELOPER will construct all of the water transmission main
facilities as set forth in the approved engineering construction drawings.
2.DISTRICT will coordinate.all work of the DEVELOPER to accomodate
the temporary shut-down of the existing DISTRICT water system facilities
to perform this new relocation construction work.
3.DISTRICT will provide all coordination and inspection of the
pipeline relocation work.
4.DISTRICT shall contribute fifty percent (50%) of the total pro-
ject cost provided, however, the maximum contribution by the DISTRICT
shall not exceed $25,000.00.
5.DEVELOPER shall submit all accounting records relating to the
construction project to the DISTRICT for review and evaluation. DISTRICT
shall make the final determination as to the total project cost which the
DISTRICT shall utilize in calculating the financial participation by the
DISTRICT.
6.This Agreement shall inure to the benefit of, and the obliga-
tions created hereby shall be binding upon, the successors and assigns of
the parties hereto.
7.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.
8.This Agreement and any amendments hereto shall be governed by
and construed and enforced in accordance with the laws of the State of
California.
9.This Agreement sets forth the entire agreement and understanding
of the parties with respect to the transactions contemplated hereby,
and supersedes all prior agreements, arrangements, and understandings,
relating to the subject matter hereof.
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10.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.
11.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 disburse-
ments in addition to any other relief to which he may be entitled.
IN WITNESS WHEREOF, the Agreement has been executed by DEVELOPER
and on behalf of the DISTRICT by the President of its Board of Directors
on the day and year first above written.
KOLL-WELLS/EL CAMINO ASSOCIATES, A CALIFORNIA GENERAL PARTNERSHIP
BY: KOLL EL CAMINO ASSOCIATES, LTD.
BY: THE KOLL COMPANY, GENERAL PARTNER
By: I# >r, _,,,�I I
BERN
By: ___ _
SEAL
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COSTA REAL MUNICIPAL WATER DISTRICT
B��cJ Norman M. Almack, President Board of Directors
SEAL
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~/; VICE PRESIDENT /
State of California County of San Diego ss.
On thi� 1st day of August , 19�, before me, the undersigned, 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
General Partner of Koll El Camino Associates, the partnership that executed the within instrument, and acknowledged to me that it executed the same as General Partner of Koll-Wells/El Camino Associates, and that Koll-Wells/El Camino Associates executed the same.
In witness whereof I have hereunto set my hand and affixed my notarial
seal, the day and year in the certificate first above written.
s-�--...,.�� ,:�� OFFICL4L SEAL
1�=z:-.. ·� MARLA L. WAGNER Wtt.."'il� NOTARY PUBLIC • CALIFORNIA 8 ���fuijl) SAN DIEGO COUNTY
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l((}WAJ ;lw� Notary Public in an& for said
County and State My Comm. Expires M0y 6, 19e6