HomeMy WebLinkAboutStandard Pacific of San Diego; 1983-10-28;-, ._ ... ,
REIMBURSEMENT AGREEMENT
REGARDING
CARLSBAD TRACT NO. 83-2
"SEA PINES"
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AGREEMENT III
This Agreement is entered into on Oc:(i,/JerolF , 198~,
between COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter "DISTRICT")
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and STANDARD PACIFIC OF SAN DIEGO, a California corporation (hereinaft~r
"DEVELOPER"), with respect to the following:
A. DEVELOPER is about to present the map identified as "Carlsbad
Tract No. 83-21' (the "s .ubdivision") to the City of Carlsbad for final
approval under the Subdivision Map Act of the State of California and
in compliance with the 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.
B. DEVELOPER and the DISTRICT have entered into the following
agreements, related to this Agreement, all of which together provide
for the construction of a complete public water system to serve the
subdivision:
(1) Agreement I -12~Inch Waterline Relocation.
(2) Agreement II -Water System Improv~ments Agreement.
These agreements wi 11 hereinafter be referred to as "the related
agreements."
C. DEVELOPER will construct, as part of the offsite improvements,
a 14~inch water line located in Batiquitos Drive and and Poinsettia
La-ne, as shown on Exhibit "A.0 which has been determined by the
DISTRICT to be eligible for reimbursement.
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D. · DISTRICT agrees to reimburse DEVELOPER 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 Construction of the 14-Inch Waterline
in Batiquitos Drive and Poinsettia Lane. The DISTRICT shall reimburse
DEVELOPER for the total cost of constructing the 14-inch waterline in
Batiquitos Drive and Poinsettia Lane.
2. CALCULATION OF AMOUNT TO BE REIMBURSED. DEVELOPER shall
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d et e rm i n e a n d f u r n i s h t o t h e D I S T R I CT t h e [ e s t i m a t e d) c o s t o f t o n s t r u c t i n g.
the 14-inch waterline in Batiquitos Drive and Poinsettia Lane. DEVELOPER
shall also forward to the DISTRICT for review all records and data
involved in making that estimate. DEVELOPER shall also furnish to the
DISTRICT the actual cost of constructing the 14-inch waterline in
Batiquitos Driv.e and Poinsettia Lane. The DISTRICT shall make the final
determination, reasonably and in good faith, based on the information
provided by DEVELOPER, as to the actual construction cost which is to
be reimbursed to DEVELOPER.·
3. TIME OF REIMBURSEMENT. DISTRICT will make the payment
required by this provision within thirty (30) days after its acceptance
of the dedication by DEVELOPER of the 14-inch waterline in Batiquitos
Drive and Poinsettia Lane.
4. Notices. All notices or .other communications requ~red or
permitted under this Agreement shall be sent by registered or certified
mail, return receipt requested, postage prepaid, addressed as follows:
To D E V E L O P E R ·: Robert M. Allan
Standard Pacific of San Diego
7290 Clairemont Mesa B6ul~vard
·San Diego, CA 92111
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To DISTRICT:
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William C. Meadows, General Manager
Costa Real Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
5. Benefit ·and Burden. This Agreement shall inure to the benefit
of, and the obligations created hereby shall be binding upon the heirs,
that there did exist a dispute between it and the City of Carlsbad as·
to which entity has the right to provide retail wat~r service to this
subdivision, among others, and the right to hold legal title to all
public improvements necessary to provide such service. The -OISTRICT
filed an action for declaratory relief in the North County Branch of
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the 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 sub-
ject .to the judgment,_judicial declaration, settlement or other deter-
mination 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 the
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 provision hereof. This
Agr~ement shall be amended or modified only by a written agreement
signed by the party to be charge~ with the amendment.
8. Governing Law. This Agreement and any amendments hereto
shall be governed by, construed and enforced in accorda.nce with the
laws of the State of California.
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9. Construction and Interpretation. This Agreement is one of
three related agreements between· DEVELOPER and the DISTRICT pertaining
to the construction of water system public improvements for the
subdivision. Where possible, ail three related agreements shall be
construed in harmony with each other, to effectuate the parties' intent
to construct a complete water system for the subdivision. This Agreement
and th~ 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
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water system.
11. 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, -0r ~ny provision hereof, 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.
12. Authority to Sign. The individuals who sign this Agreement
on behalf of the undersigned corporation and municipal water district
w~rrant that they have the authority and approval to .do so on behalf
of such corporation and muhicipal water district.
COSTA REAL MUNICIPAL
W~CT . ci .
/'.B': Norman M. ~rei.ldent
· Board of Directors
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EXHIBIT ''A ,,
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