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HomeMy WebLinkAboutStandard Pacific of San Diego; 1985-06-26;REIMBURSMENT AGREEMENT REGARDING CARLSBAD TRACT NO. 73-39 (SPINNAKER HILLS, UNIT NO. 3) CARLSBAD TRACT NO. 74-16 (SEA PINES) AND CARLSBAD TRACT NO. 83-2 (SEA PINES) This Agreement is entered into on June 26, ^ 198_5_, between COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter "DISTRICT") and STANDARD PACIFIC OF SAN DIEGO (hereinafter "DEVELOPER"), with respect to the followi ng. A. DEVELOPER has presented the map identified as "Carlsbad Tract No. 83-2" (the "subdivision") 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 emcompassed by the subdivision lies within the boundaries of the DISTRICT. B. DEVELOPER and DISTRICT have entered into the following agreements, related to this Agreement, which together provide for the construction of public water system facilities to serve the subdivision: (1) Agreement I -- "Agreement for Construction of Water System to Serve Subdivision Lands and for Performance Bond - Carlsbad Tract 73-39 - Spinnaker Hill - Unit No. 3" -- dated November 17, 1976. (2) Agreement II -- "Agreement for Construction of Water *\ System to Serve Subdivision Lands and for Performance Bond - Carlsbad Tract No. 73-39 - Offsite Water System - Poinsettia Lane Future Alignment and Interim Pressure Reducing Station - Spinnaker Hill - Unit No. 3" -- dated November 17, 1976. 47£= \wdsj -i- <$ 7&-3/O These agreements will hereinafter be referred to as "the related agreements ." C. DEVELOPER will contribute to DISTRICT a total of $40,000.00 for the financial participation for the cost of constructing the "D" Reservoir Area High-Pressure Water Main Extension pursuant to Section No. 1 of Agreement II. D. DEVELOPER has requested reimbursement from DISTRICT pursuant to DISTRICT Ordinance No. 26 for a portion of the cash contribution made by DEVELOPER as 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. DISTRICT will reimburse DEVELOPER thirty-two percent (32%) of the total cost of DISTRICT for the construction of the high-pressure water main extension as shown on the Benefit Area Map as set forth in Exhibit "A" attached herewith and made a part hereof. The reimbursement shall be made pursuant to the following terms and conditions: (a) DISTRICT hereby establishes a "Benefit Area Map" of the water main extension as set forth in Exhibit "A." (b) DISTRICT will establish a "Special Direct Connection Surcharge" for all users benefiting from the water main extension amounting to a charge per front-foot, based upon the actual total cost of the water main extension divided by a total of 3,502.49 1i neal feet. (c) DISTRICT will make payment to DEVELOPER charges collected by DISTRICT for a period of ten (10) years after the date of acceptance of the public water system by DISTRICT. The total maximum payment made to DEVELOPER shall be $40,000.00. -2- 2. For the purpose of establishing the values for all of the public water system facilities that are eligible for reimbursement under this Agreement, DISTRICT has established the total cost of the water main extension to be $126,257.59. 3. Noti ces. 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: Mr. Robert Allan Standard Pacific of San Diego 7290 Clairemont Mesa Boulevard San Diego, CA 92111 To DISTRICT: William C. Meadows, General Manager Costa Real Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 4. Benefit and Burden. This Agreement shall inure to the benefit of, and the obligations created hereby shall be binding upon the heirs, successors and assigns of the parties hereto. The DISTRICT acknowledges that there did exist a dispute between it and the City of Carlsbad as to which entity has the right to provide retail water service to this subdivision, among others, and the right to hold legal title to all public improvements necessary to provide such service. The DISTRICT 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 subject to the judgment, judicial declaration, settlement or other determination made in the above-described legal proceeding on June 29, 1983. 5. 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 -3- Agreement shall remain in full force and effect as though the invalid or unenforceable provision was not a part of the Agreement. 6. 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 Agreement shall be amended or modified only by a written agreement signed by the party to be charged with the amendment. 7. Governing Law. This Agreement and any amendments hereto shall be governed by, construed and enforced in accordance with the laws of the State of California. 8. Construction and Interpretation. This Agreement is one of three related agreements between DEVELOPER and DISTRICT pertaining to the construction fo water system public improvements for the subdivision. Where possible, all 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 the 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 under- standings pertaining to that water system. 9. 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, or any 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. 10. Authority to Sign. The individuals who sign this Agreement on behalf of the undersigned corporation and municipal water district -4- warrant that they have the authority and approval to do so on behalf of such corporation and municipal water district. STANDARD PACIFIC OF SAN DIEGO, a California corporation COSTA REAL MUNICIPAL WATER DISTRICT By, Margayet J.^firpnas, President Boar/a/of Directors>_/ -5-J