HomeMy WebLinkAboutMitsui Fudosan USA Inc dba Palomar Business Park; 1981-09-29;REIMBURSEMENT AGREEMENT
FOR
WATER SYSTEM FACILITIES CONSTRUCTED
AS PART OF
PALOMAR AIRPORT BUSINESS PARK
CARLSBAD TRACT 73-49 — UNIT NO. 1
THIS AGREEMENT is made as of the 29th day of September ,
1981, between COSTA REAL MUNICIPAL WATER DISTRICT, hereafter
called "District", and MITSUI FUDOSAN (U.S.A.)/ INC. DOING
BUSINESS AS PALOMAR BUSINESS PARK, hereinafter called "Sub-
divider", in view of the following purposes:
(a) Subdivider and District have entered into the
following Agreements for the construction of a public
water system for Palomar Airport Business Park - Carlsbad Tract
73-49 — Unit No. 1.
1. Agreement I — Dated October 11, 1974
El Camino Real and In-Tract Water System
2. Agreement II — Dated February 18, 1975
Palomar Airport Road — In Tract
3. Agreement III — Dated February 18, 1975
Palomar Airport Road — Offsite
4. Agreement IV — Dated February 18, 1975
Pressure Reducing Station
(b) District has fulfilled all of its obligations for
reimbursement that Subdivider is entitled to for Agreements I, II
and III.
(c) District is prepared to enter into a reimbursement
agreement for Agreement IV.
(d) District is agreeable to enter into a reimbursement
agreement for the pipeline section of Agreement III, although
not originally a part of said Agreement III.
c
IT IS, THEREFORE, AGREED:
1. District will reimburse Subdivider Thirty-Seven
Thousand Seven Hundred and Ninety Six Dollars ($37,796.00) of
the original Sixty Thousand Dollars ($60,000.00) cash contribution
made by Subdivider under the terms and conditions of Agreement IV.
The reimbursement shall be made pursuant to the following terms
and conditions:
(a) District has established a "Service Area"
of the Pressure Reducing Station constructed under Agreement
IV, as depicted on Exhibit "A" attached herewith and made a
part hereof;
(b) District has established a "Capital Contri-
bution Charge" for all users benefiting from the Pressure
Reducing Station amounting to $80.00 per acre;
(c) District will make payment to Subdivider
charges collected by District for a period of ten (10) years
from and after August 18, 1976, the date of acceptance of the
public water system by District;
(d) District will prorate the amount of reim-
bursement to Subdivider on the basis of 40.75% to District
and 59.25% to Subdivider. This formula for sharing in the
payments for charges by benefiting property owners is based
upon Subdivider's total reimbursement of Thirty-Seven Thousand
Seven Hundred Ninety-Six Thousand Dollars ($37,796*00) and
District's total reimbursement of Twenty-Six Thousand Dollars
($26,000.00).
2. District will reimburse Subdivider Forty-Three
Thousand Seven Hundred and Sixty-One Dollars ($43,761.00) for the
16-inch offsite water main in Palomar Airport Road pursuant to the
following terms and conditions:
(a) District has established a "Benefit
-2-
C ' • O
Frontage" of 2,280 lineal feet for the 16-inch water main
constructed in Palomar Airport Road from the easterly boundary
of Palomar Airport Business Park - Carlsbad Tract 73-49 —
Unit No. 1 to El Camino Real as set forth in Agreement
III, and as depicted on Exhibit "B" attached herewith and
made a part hereof;
(b) District has established a "Special Frontage
Fee" for all property fronting along the pipeline which
utilizes the new 16-inch water main in the amount of $19.19
per frontage foot;
(c) District will make payment to Subdivider in
the sum of all fees collected by District for a period
of ten (10) years after August 18, 1976, the date of acceptance
of the public water system by District.
3. This Agreement shall inure to the benefit of, and
obligations 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 supercedes all prior agreements, arrange-
ments and understandings relating to the subject matter hereof.
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.
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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 District by the President of its
Board of Directors on the day and year first above written.
MITSUI FUDOSAN (U.S.A.), INC.
DOING BUSINESS AS PALOMAR
BUSINESS PARK
SEAL By
Its EXECUTIVE VICE PRESIDENT
"Subdivider"
COSTA REAL MUNICIPAL WATER DISTRICT
By
Donald A. MacLeod
Its President, Board of Directors
STATE OF _
COUNTY OF
On
IJOL
"District"
ss
before me, the undersigned, a Notary Public in and for sajd State,
known to me to be.the
known to me to be the.
of the corporation that executed the within Instrument, known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
of directors.
WITNESS my hand and official seal.
Signature
A)
o
OFFICIAL SEAL
L. NANCY THOMPSON
NOTARY PUBLIC - CALIFORNIA
LOS ANGELE^COUNTY
My Commission Expires June 17, 1S85
Name Printed)
(This area for official notarial seal)
— 18 —
SHOWING PUBLIC
WATER SYSTEM
COSTA REAL
WATER DISTRICT
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PLAT MAP ATTACHMENT
OF
REIMBURSEMENT AGREEMENT
FOR
PALOMAR AIRPORT BUSINESS PARK
IN
PUBLIC WATER SYSTEM FACILITIES
CF IMPROVEMENT DISTRICT NO. 2
WEST OF EL CAMINO REAL
EXHIBIT 1B'