HomeMy WebLinkAboutTitle Insurance and Trust; 1982-03-15;REIMBURSEMENT AGREEMENT
FOR
WATER SYSTEM FACILITIES CONSTRUCTED AS PART OF
CARLSBAD TRACT NO. 74-21A
CARLSBAD AIRPORT BUSINESS CENTER
THIS AGREEMENT is made this 15th day of MARCH, 1982 ,
19 , between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter called
"District", and TITLE INSURANCE and TRUST Under Holding Agreement No. ?409
hereinafter called "Subdivider", in view of the following purposes:
(a) Subdivider and District have entered into an agreement
entitled "Agreement for Construction of Water System to Serve Subdi-
vision Lands and for Performance Bond -- Carlsbad Tract 74-21A,
Carlsbad Airport Business Center" and dated March 15, 1982 .
This agreement is made a part of this document by full reference.
(b) Subdivider has requested and the District has agreed 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.
IT IS, THEREFORE, AGREED:
1. District will reimburse Subdivider the difference in
cost between the 16-inch water main and a 12-inch water main for
equivalent footage along Palomar Airport Road from westerly to
easterly boundaries of Tract 74-21A. This 16-inch pipeline section
along Palomar Airport Road is set forth in Exhibit "A" attached
herewith and made a part hereof. This reimbursement shall be made
within 30 days after acceptance of the public water system by the
Di stri ct.
2. For the purpose of establishing the values for all of
the public water system facilities that are eligible.for reimbursement
under this agreement, the following procedures shall be followed:
J
(a) Subdivider shall establish the construction cost
of a 12-inch water main system for "comparison" with the
equivalent footage construction cost of the 16-inch water main
in Palomar Airport Road.
(b) Subdivider shall submit all records of the bidding,
estimating and financial proceedings to District for review.
(c) District shall review all documents and make the
final determination as to the actual value for the cash payment
to be made by the District for the oversizing.
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 under-
standing of the parties with respect to the transactions contemplated
hereby, and supersedes all prior agreements, arrangements, and under-
standings 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
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necessary disbursements in addition to any other relief to which he
may be entitled.
IN WITNESS WHEREOF, this Agreement has been executed by
Subdivider and on behalf of the District by the President of its Board
of Directors on the day and year first above written.
SEAL
COSTA REAL MUNICIPAL WATER DISTRICT
By:.
UoriaVd A. MacLeod, Presi dent
Board of Directors
ORIGINAL
SEAL
"SUBDIVIDER"
TITLE INSURANCE and TRUST
Under Holding Agreement No. 409
By : &&&&*
Wiinam W. Crosby,
William W.., Asst. Sec'y
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vlllllllllllllllllllll/^
27
EQUIVALENT FRONTAGE 16-INCH PIPELINE
^~r PIPELINE TO BE CONSTRUCTED
= &co'TRACT MO. "74- g
AIRPORT SUSIMETSS
(3-3-823