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HomeMy WebLinkAboutStandard Pacific of San Diego; 1983-10-28;-, ._ ... , REIMBURSEMENT AGREEMENT REGARDING CARLSBAD TRACT NO. 83-2 "SEA PINES" ,, . AGREEMENT III This Agreement is entered into on Oc:(i,/JerolF , 198~, between COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter "DISTRICT") (.,. 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. -1- . ,, ... 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 1--· 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 -2- ' r To DISTRICT: . ' 1 r ' ~' ' 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 ~ 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. -3- "•'1 1 ,. 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 l•/· 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 -4- EXHIBIT ''A ,, . ,,. (