HomeMy WebLinkAboutNewport Shores Builders; 1987-09-16;REIMBURSEMENT AGREEMENT II
REGARDING
INTRACT WATER SYSTEM FACILITIES CONSTRUCTED AS PART OF
CARLSBAD TRACT NO. 72-34
RANCHO LA CUESTA PHASES I, II, III, & IV
AND
RANCHO LA CUESTA UNIT NO. 5
\
THIS AGREEMENT is made this /^ day of \deMflls06faS, 1987,
between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter called
"DISTRICT", and NEWPORT SHORES BUILDERS, a California
corporation, hereinafter called "DEVELOPER", with respect to the
following:
(1) DEVELOPER and DISTRICT have entered into the following
x-—^agreements, related to this Agreement, all of which together
provide for the construction of a complete public water system to
serve the subdivision:
(a) "Agreement for Construction of Water System to
Serve Subdivision Land and for Performance Bond -
Carlsbad Tract No. 72-34, Phases I, II, III, & IV,
Rancho La Cuesta", dated June 30, 1976.
(b) "Agreement for Construction of Water System to
Serve Subdivision Lands and for Performance Bond -
Carlsbad Tract No. 72-34, Offsite Water System -
El Camino Real, Rancho La Cuesta", dated June 30,
1976.
(c) "Agreement for Construction for Water System to
Serve Subdivision Land and for Performance Bond -
Carlsbad Tract No. 79-4 - Rancho La Cuesta - Unit
No. 5", dated March 4, 1981.
These agreements will hereinafter be referred to as "the related
agreements."
2. DEVELOPER has requested and DISTRICT has agreed to the
preparation and execution of this agreement for the reimbursement
of certain amounts for specific intract "oversizing" of water
system facilities pursuant to the rules and regulations of
DISTRICT Ordinance No. 26.
IT IS, THEREFORE, AGREED:
1. The DISTRICT will reimburse the subdivider for the
difference in the costs between the sixteen inch (16") water main
and a ten inch (10") water main for equivalent footage along
Arenal Road from El Camino Real to an easement lying along the
west lot line of Lot 35 (C.T. 79-4); along said easement-from
Arenal Road to Lotus Court; along Lotus Court-from said easement
to Manzanita Street; along Manzanita Street from Lotus Court to
the northerly boundary line of Carlsbad Tract No. 79-4. Also,
the difference in the costs between the fourteen inch (14") water
main and a ten inch (10") water main for equivalent footage along
Arenal Road-from an easement lying along the west lot of Lot 35
(C.T. 79-4), to the west end of Arenal Road.
All of the above-described facilities are set forth in Exhibit
"A" of this Agreement which sets forth the entire facilities.
2. The reimbursement shall be made pursuant to the
following terms and conditions:
(a) DISTRICT hereby establishes a "Benefit Area" of
the facilities constructed as set forth in Exhibit
"A" attached herewith and made a part hereof;
DISTRICT has utilized all available records of the construction
projects and calculated the total project cost which included
construction costs and incidental project expenses. The total
maximum payment DEVELOPER will be eligible for is $62,805.00.
3. Process of Reimbursement. DISTRICT has established a
benefit area as set forth in Exhibit "A". This benefit area
shall be assessed a "acreage" charge as set by DISTRICT at the
time water service is provided to any property as shown on the
map. The "acreage" charge was established by "comparison"
construction costs of sixteen inch (16") and fourteen inch (14")
versus ten inch (10") water mains as submitted by DEVELOPER and
reviewed by DISTRICT. The DISTRICT has made the final
determination as to the actual value for the cash payment to be
made by the DISTRICT for oversizing.
4. Time of Reimbursement. There shall be no right of
reimbursement or obligation of the DISTRICT'S to collect or
disburse charges collected hereunder after the total time of ten
r 9-/7-S7
(10) years after the date of project completion and acceptance by
DISTRICT. Reimbursement to the DEVELOPER will be made from time
to time as the acreage assessment is collected by DISTRICT.
5- Notices. 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 Newport Shores Builders
Drawer A
Huntington Beach, CA 92648
To DISTRICT Thomas M. Brammell, General Manager
Costa Real Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
6. This Agreement shall inure to the benefit of, and the
obligations created hereby shall be binding upon, the sucessors
and assigns of the parties hereto.
1. The invalidity of illegality of any provision of this
Agreement shall not be deemed to affect the validity of 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
comtemplated hereby, and supersedes all prior agreements,
arrangements, and understandings relating to the subject matter
hereof.
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 attorney's 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 the District by the President of its
Board of Directors on the day and year first above written.
Date:
COSTA REAL MUNICIPAL WATER DISTRICT
By:
in M. Haasl, President
BcSard of Directors
Date:
NEWPORT SHORES BUILDERS
By:__
Donald B. Ayres" , P'res.Tr
CRMWD 84-102
EXHIBIT "A"
REIMBURSEMENT AGREEMENT
(//V TRACT}
RANCHO LA QUESTA PHASES
LEGEMP'-
• ••• INDICATES !6" WATER MAIN.
••••• '/MOICATES 14" WATERM-4IM.
MD1CATS5 SERVICE AREA
IHDICATES AS5ieU£D UUM&ER.
MD/CAT& PROPERTY LINE,
\ Q~\ INDICATES
| AREA kJO.
MAPj PACIFIC R/M
PHASeX CT.85-35
CMWO 34-102
September 3, 1987
F.J.W.
RANCHO LA CUESTA REIMBURSEMENT AGREEMENT
(UNITS 1-5)
BASIS OF SPREAD
1. Total Amount to be Spread ....
(See Packet A for Breakdown)
$62,805.00
** •
3.
Zone
RLM
RM
OS
TS
Per Table IA of Engineer's Report April 4, 1986
(Adjusted to Above Total Money & Acre Amounts)
Acres
110
38
88
10
F.F. (GPM)
1750
2500
1750
3,000
GPM
Max/Day/Ac
2.74
6.85
1.24
3.10
Benefit
Per/Ac
$232.58
342.63
231.89
379.50
Total
Benefit
$25,584.00
13,020.00
20,406.00
3,795.00
Total 246 Acres Total $62,805.00
4. Pacific Rim Benefit Area Based on Summary Table of Ten. Map
(Includes Planning Areas 1, 3, 4, 5, 8, 9, 10, & 11)
Remaining Acres/Per A.P.N.
Pacific Rims Portion
Remaining Acres
in Benefit Area
Plan Area (OS) 66.61 Acres 21.39 Acres
Plan Area 3,4, & 8 (RLM) 55.50 Acres 54.50 Acres
Plan Area 5 & 9 (RM) 34.20 Acres
Plan Area 10 & 11 (TS) 10.00 Acres
3.80 Acres
-0-
Total Acres 166.31
= 246 Total Acres
Total
Remaining 79.69 Acres
Assigned
Assess-
ment #
7)
2
7)
T)
7)
7)
Sub-
Total
Pac. Rim
2)
Formula
Cost/Acre
$231.8864
Ttl Acrs. OS Por.
(10.22) 2.74
$635.37
(22.61) 6.07
$1,407.55
(6.93) 1.86
$431.09
(20.00) 5.37
$1,245.23
(18.73 5.03
$1,166.39
(1.20) 0.32
$74.20
($4,960.05)
(79.69) (21.39)
(166.31) 66.61
$15,445.95
(10.22 X )/ . _ \1 — — : — )
(79.69 21.39)
54.40
3.80
Cost/Acre
$232.5818
RLM Por.
6.99
$1,625.75
15.46
$3595.71
4.74
$1,102.44
13.68
$3,181.72
12.81
$2,979.37
0.82
$190.72
($12,675.71)
(54.50)
55.50
$12,908.29
Cost/Acre
$342.6316
RM Por.
0.49
$167.89
1.08
$370.04
0.33
$113.07
0.95
$325.50
0.89
$304.94
0.06
$20.56
($1,302.00)
(3.80)
34.20
$11,718.00
Total Cost
TS Por.
-0-
-0- \$2,429.01
-0-
-0- $5,373.30
-0-
-0- $1,546.60
-0-
-0- $4,752.45
-0-
-0- $4,450.70
-0-
-0- (+.22) $285.48
(-0-) S.T. ($18,937.54)
(-0-)
10.00
$3,795.00 $43,867.24
(0.22 Dif f . )
Money Total $20,406.00 $25,584.00 $13,020.00 $3,795.00 $62,804.78
$62,805.00