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
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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.
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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.
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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
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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
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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>_/
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