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HomeMy WebLinkAboutPlaza Builders Inc; 1985-07-23;REIMBURSEMENT AGREEMENT FOR WATER SYSTEM FACILITIES CONSTRUCTED AS PART OF CARLSBAD TRACT NO. 73-24 PLAZA BUILDERS, INCORPORATED THIS AGREEMENT is made this 23rd day of July , 19 85 , between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter called "DISTRICT", and PLAZA BUILDERS, INC., hereinafter called "DEVELOPER", in view of the fol 1 owi ng purposes : (a) DEVELOPER and DISTRICT have entered into an agreement entitled "Agreement III - Agreement for Construction of Water System to Serve Subdivision Lands and for Performance Bond - Carlsbad Tract 73-24 - Carlsbad Lake Community - Offsite Pressure-Regulating Station" dated April 16, 1981. This agreement is made a part of this document by full reference. (b) DEVELOPER is entitled to and the DISTRICT is agreeable to the preparation and execution of this agreement for the reimbursement of certain amounts for specific water system facilities pursuant to the rules and regulations of District Ordinance No. 26. (c) DISTRICT has made an evaluation of the potential service area to determine the excess capacity of the new pressure regulating-station. IT IS, THEREFORE AGREED: 1. DISTRICT will reimburse DEVELOPER an estimated eighty-three percent (83%) of the total construction cost to the DEVELOPER for the construction of the pressure-regulating station located at the southeast corner of Poinsettia Lane and Batiquitos Drive. DEVELOPER'S share of the facility is seventeen percent (17%) of the total cost. The reimbursement shall be made pursuant to the following terms and conditions: -1- (a) DISTRICT hereby establishes a "Service Area" of the pressure-regulating station as set forth in Exhibit "A" attached herewith and made a part hereof. (b) DISTRICT will establish a "Capital Contribution Charge" for all users benefiting from the pressure-regulating station amounting to a charge per acre, based upon the actual total cost of the pressure- regulating station divided by a total of an estimated 367 acres. (c) DISTRICT will make payment to DEVELOPER charges collected by the DISTRICT for a period of ten (10) years after the date of acceptance of the public water system by the DISTRICT. The total maximum payment made to DEVELOPER shall be eighty-three percent (83%) of the total actual cost. * See Below. 2. DISTRICT has established the total actual construction cost for all of the public water system facilities that are eligible for reimbursement under this Agreement. This total cost amounts to $58,310.68. Exhibit "B" attached hereto and made a part hereof is the detailed cost breakdown of the project costs. 3. This Agreement shall inure to the benefit of, and the 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, * DISTRICT shall have no responsibility or obligation for imposing, collecting or providing reimbursement to DEVELOPER of such surcharges after the ten (10) year period expires. DISTRICT shall not be held responsible or liable for failure to collect surcharges, provided it makes reasonable efforts to do so.-2- and supersedes all prior agreements, arrangements, 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. 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 disburse- ments in addition to any other relief to which he may be entitled. IN WITNESS WHEREOF, this Agreement has been executed by DEVELOPER and on behalf of DISTRICT by the President of its Board of Directors on the day and year first above written. PLAZA BUILDERS, INC. By: COSTA REAL MUNICIPAL WATER DISTRICT Margapei J. Board/Vf Dir \-/ -3- AGREEMENT III -- CARLSBAD TRACT 73-24 PLAZA BUILDERS, INC. SUMMARY OF PROJECT EXPENSES FOR PRESSURE-REDUCING STATION AND WATER MAINS AT POINSETTIA LANE AND BATIQUITOS DRIVE PROJECT NO. CMWD 83-105 JUNE 17, 1985 1) Don Hubbard Contracting Company $ 8,294.13 2) District Purchase Order No. 3403 - Ascot Electric 1,320.00 3) District Purchase Order No. 3317 - Marden Susco 4,455.29 4) District Purchase Order No. 3318 - Marden Susco 5,301.35 5) District Purchase Order No. 3319 - Escondido Cement 1,707.87 6) District Purchase Order No. 3321 - Coast Electric 949.76 7) District Purchase Order No. 3322 - Barrett 379.48 Engineered Pumps 8) District Purchase Order No. 3323 - Marden Susco 5,021.45 9) District Purchase Order 3304 5,602.00 10) District "Force Account" Work * 16,647.64 11) Engineering Design, Surveying, E.I.R., Right-of-Way, 8,631.71 Construction Management, and Inspections TOTAL PROJECT EXPENSES $58,310.68 * Includes $5,000.00 to complete piping installation IT "B" REIMBURSEMENT AGREEMENT FOR CARLSBAD TRACT 73-24 AGREEMENT III AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SUBDIVISION LANDS AND FOR PERFORMANCE BONO CARLSBAD TRACT 73-24 CARLSBAD LAKE COMMUNITY OFFSITE PRESSURE-REGULATING STATION ------·· ---·· THIS AGREEMENT is made this 16th day of April, 1981 between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter called "District", and PLAZA BUILDERS, INCORPORATED -----------------------------------· hereinafter called 14-Subdivider 11 , in view of the following facts and for the following purposes: (a) The Subdivider and the District have entered into a formal agreement dated July 5, 1974 for the construction of an offsite pressure-reducing station for the public water Sy$tem for Carlsbad Tract 73-24 . In addition, there is a revision to the original agreement, dated _F~e-b~r=u=a~r-Y~5~,~1~9~7~5 _____ , relating to the scope of responsibility for the construction of the offsite pressure-reducing station. Both the agreement and its revision are made reference to herewith and are a part of this agreement. (b) Bot~ the Subdivider and the District have mutually recog- nized the circumstances under which the subdivision project has been delayed and this new agreement is intended to replace the original agreement and revision for the construction of the public water system of Carlsbad Tract 73-24 (c) Subdivider has previously received final approval by the City of Carlsbad for a subdivision map covering property lying within the boundaries of District pursuant to the provision of the Subdivision Map Act of the State of California and in compliance with the provisions of the ordinances of the City of Carl~bad relating to the filing and approval of subdivision map. IT IS, THEREFORE, AGREED: 1. In consideration of t~e approval by the District of the subdivision known as Carlsbad Tract 73-24 , Carlsbad Lake Community Subdivider agrees to do and perform, or cause to be done and per- formed, at his own expense and without cost or liability to the District, all of the public work and improvement required to be·- done in and adjoining said subdivision in the construction of a complete offsite pressure-reducing station to serve said property and other portions of Improvement District No. 2 of the Di~trict. ,(-1,, Said work shall be done and performed in a good and workmanlike manner under the direction of and satisfactory to the District. all in strict conformity and in accordance with the plans and specifica- tions covering said work and the general specifications covering said work and the general specifications for pipeline construction adopted by District. Subdivider will have complete engineering construction drawings and specifications prepared, and such drawings and specifications shall be approved by the District prior to com- mencement of construction. Subdivider will furnish all necessary materials and labor required in said work and will pay and discharge all bills and claims arising out of the performance of said work. 2. Subdivider agrees that all of the work covered by this agreement will be completed on or before 365 calendar days from the date of this agreement. 3. Subdivider agrees to pay to District on demand the full amount of all District's cost incurred in connection with the work, including plan checking, inspection, materials furnished, and all other expenses of the District directly attributable to the work, plus a reasonable amount for District's overhead in connection therewith. Subdivider shall deposit with District concurrently with the execution of this agreement the sum of $6,400.00 -2- being the estimated amount of District's expenses. Should the expenses incurred by District be in excess of said deposit. Sub- divider shall pay the amount of-such excess to District on demand. Should District's expenses be less than the amount deposited, District shall refund to Subdivjder the difference upon completion of the work and its acceptance by District. 4. Until such time as all public improvements proposed tQ be constructed in said subdivision, including streets, curbs. drains. sewers. gas and utility lines, grading and the improvements required for the complete water system and necessary appurtenances as set f o r t h i n a 11 o f t h e·· a g re em e n t s w i t h t h e D i s t r i c t s h a 11 h a v e be e n completed and accepted by District and all other public authorities having jurisdiction, Subdivider shall be responsible for the care, maintenance of and damage to the complete water system and necessary appurtenances for the proposed subdivision. No permanent water service to any parcel of land within the subdivision shall be allowed until the complete water system and appurtenances for the subdivision have been accepted by the District. 5. Until such time as the work covered by the agreements with the District for the complete water system and appurtenances for the subdivision have been finally accepted by the District and title thereto. together with all necessary easements and rights-of- way transferred to the District and accepted by the District, the District shall be under no obligation to furnish water to said subdivision (other than such construction water as may be delivered under a temporary service agreement with Subdivider). No improvements which may be constructed within the suhdivision shall be permitted to be occupied until the District has finally accepted the complete water system and appurtenances thereto. 6. Subdivider, at the expense of Subdivider, shall furnish -3- - to the District any necessary easements, documents and title policy (policies) to insure title of all necessary easements in the record name of the District. The District shall determine the acceptability of any necessary easements. documents and title policy (policies). 7. The acceptance of the work on behalf of the District shall be made by the Board of Directors of the District upon recommendations of District's Manager and District's Engineer. Such acceptance·~hall not constitute a waiver by District of any defects in the work. Subdivider. by this agreement, guarantees for a period of one (1) year from acceptance, all of the work covered by this agreemert, and shall repair an~ replace any and all work that may prove defective in workmanship and/or materials within said one-year period without expense to the District. In the event of failure to comply with the provisions of the guarantee within ten (10) days after notice in writing. District is authorized to have the defects repaired and made good at the expense of Subdivider, and Subdivider shall pay the cost thereof on demand. However, in the event of an emergency, District is authorized to have the defects repaired, without notice, at the expense of Subdivider and Subdivider shall pay the cost thereof on demand. 8. Subdivider shall. upon acceptance of the work by District, provide District with a statement showing the actual cost of con- struction of the work contemplated herein and formally dedicate all facilities to the District. 9. Subdivider shall furnish and deliver to District, at no expense to it, a surety bond written by a reliable surety company aut.horized to do business in the State of California, or other acceptable form of guarantee, in the penal sum of $90,000.00 which bond or deposit shall insure the faithful performance of this contract by Subdivider. Said bond or deposit shall also inure to the benefit of all persons entitled to the protection of the Mechanics Lien Laws of the State of California. -4- 10. Subdivider shall be entitled to reimbursement for a portion of the expenses for the construction of the offsite pressure-reducing station pursuant to District OrQinance No. 26, Section VI -EXTENSION OF WATER MAIN AND OTHER DISTRICT FACILITIES. 11. In the event it becom~s necessary for District to take legal action to enforce the terms of this agreement, Subdivider agrees that it will pay District reasonable attorney's fees and costs .. IN WITNESS WHEREOF, this Agreement has been executed by Subdivider and on behalf of the District by the President of its Bo a rd o f O i recto rs . .:•• COSTA REAL MUNICIPAL WATER DISTRICT BY:;«?.~--~~~ Donald A. Macleod, President Board of Directors SUBDIVIDER: PLAZA BUILDERS, INCORPORATED son, President BY: ~~--;;?C~L-:.~ ''J 1945 CA (B-74) 1t Secretary j Corporation) STATE OF CALIFORNIA ( COUNTY OP Los Angeles f SS. "TITLE INSURANCE AND TRUST A TICOR COMPANY On_____ __ _Ap_ril_l~__l.9.Bl_ ___________ before me, the undersigned, a Notary Public in and for said t State, personally appeared__ K. __ D. Johns_on _____________ _ known to me to be the___________ _ _____ President, and=-W~~<L JL -J1o~;is~--------: ~ known to me to be As S I t • _ __ _ _____ Secretary I of the corporation that executed the within Instrument, uJ J a. -,: t-f/) 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 I within instrument pursuant to its by-laws or a resolution of "f its board of directors. WITNESS my hand and official seal. J (This area for official notarial seal) -··---·:y--------