HomeMy WebLinkAboutTreetops Unlimited/Pacific Scene Inc; 1982-10-25;WATER SYSTEM IMPROVEMENTS AGREEMENT
REGARDING
CARLSBAD TRACT NO. 81-47 - UNIT NO. 1
VILLAGES C & D - "THE CAPE AT CALAVERA HILLS"
Agreement No. 3 - Reimbursement Agreemen'
Offsite Improvements
This Agreement is entered into on October 25
1982, between COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter
"DISTRICT") and TREETOPS UNLIMITED, a joint venture of PACIFIC
SCENE, INC. and FINANCIAL SCENE, INC. (hereinafter "TREETOPS"),
with respect to the following:
A. TREETOPS is about to present the map identified as
"Carlsbad Tract No. 81-47 Unit No. 1 Villages C & D 'The Cape at
Calavera Hills'" (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 encompassed by the subdivision
lies within the boundaries of the DISTRICT.
B. TREETOPS and the DISTRICT have entered into the
following agreements, concurrently with and related to this
Agreement, all of which together provide for the construction of
a complete public water system to serve the subdivision:
(1) Agreement No. 1 - Onsite Improvements.
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(2) Agreement No. 2 - Offsite Improvements.
(3) Agreement No. 4 - Relocation of 14-Inch and 12-Inch
Water Lines.
These agreements will hereinafter collectively be referred to as
"the related agreements."
C. TREETOPS will construct, as part of the offsite improve-
ments, the following water lines which have been determined by
the DISTRICT to be eligible for reimbursement:
(1) A 16-inch water line located along future Elm
Avenue, as shown on Exhibit "A" which is attached
hereto and incorporated herein (hereinafter
referred to as "16-inch future Elm line"). The
16-inch future Elm line is also shown on
Exhibit "B" which is attached hereto and incor-
porated herein.
(2) A 12-inch water line located along a portion of
Glasgow Drive, as shown on Exhibit "B" (hereinafter
referred to as "12-inch Glasgow line").
(3) A 16-inch water line located along a portion of the
southerly boundary of Carlsbad Tract No. 81-47,
Unit 2, as shown on Exhibit "B" (hereinafter
referred to as "16-inch southerly line").
D. TREETOPS has requested reimbursement from the DISTRICT,
pursuant to the Subdivision Map Act and DISTRICT Ordinance
No. 26, for the cost of constructing the offsite improvements
described in Recital C.
NOW, THEREFORE, in consideration of the mutual obligations
set forth below, and the construction by TREETOPS of the offsite
improvements described above, the parties agree as follows:
1. Reimbursement for Increased Size of the 16-Inch Future
Elm Line. The DISTRICT shall reimburse TREETOPS for the dif-
ference in the cost of constructing the 16-inch future Elm line
as planned and what would have been the cost of constructing a
12-inch water line in the same location.
1.1 Calculation of Amount to be Reimbursed. TREETOPS
shall determine and furnish to the DISTRICT the estimated cost of
constructing a 12-inch water line in the same location as the
16-inch future Elm line will be constructed. TREETOPS shall also
forward to the DISTRICT for review all records and data involved
in making that estimate. TREETOPS shall also furnish to the
DISTRICT the actual cost of constructing the 16-inch future Elm
line. The DISTRICT shall make the final determination, reason-
ably and in good faith, based on the information provided by
TREETOPS, as to the difference in construction cost which is to
be reimbursed to TREETOPS.
1.2 Time of Reimbursement. The DISTRICT shall make the
payment required by this provision within thirty (30) days after
its acceptance of the dedication by TREETOPS of the 16-inch
future Elm line.
2. Reimbursement for Remaining Cost of Offsite Facilities.
The DISTRICT shall reimburse TREETOPS, pursuant to DISTRICT
Ordinance No. 26, in full for the cost of constructing the
following offsite water facilities in connection with the
subdivision:
(a) The 12-inch Glasgow line.
(b) The 16-inch southerly line.
(c) That remaining cost of the 16-inch future Elm line
not previously reimbursed pursuant to Section 1 of
this Agreement.
The DISTRICT, in its sole discretion, shall elect the method of
payment to TREETOPS under this provision pursuant to Sections 12
through 17, inclusive, of DISTRICT Ordinance No. 26.
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3. Notices. 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 TREETOPS: John Shoemaker
Senior Vice President
Pacific Scene, Inc.
3900 Barney Street
San Diego, California 92110
To DISTRICT: William C. Meadows
Costa Real Municipal Water District
5950 El Camino Real
Carlsbad, California 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 exists a dispute between it
and the City of Carlsbad as to which entity has the right to pro-
vide 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 has 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 entered into a stipulation, filed
in the above-described case on August 19, 1982, regarding water
service provided while that action is pending. That stipulation
is incorporated herein by reference. The parties hereto agree
that their rights and obligations under this Agreement are sub-
ject to that stipulation and any judgment, judicial declaration,
settlement or other determination made in the above-described
legal proceeding.
5. Severability of Provisions. The invalidity or illega-
lity of any provision of this Agreement shall not affect the
validity or enforcement of the remainder of this Agreement. If
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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.
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 provi-
sion 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 four related agreements between TREETOPS and the DISTRICT per-
taining to the construction of water system public improvements
for the subdivision. This Agreement, and Agreement No. 2 -
Offsite Improvements, contain the entire understanding and
agreement of the parties as to the offsite improvements portion
of the water system. Where possible, all four related agreements
shall be construed in harmony with each other, to effectuate the
parties' intent to construct a complete water system for the sub-
division. However, the specific provisions of this Agreement and
Agreement No. 2 - Offsite Improvements shall prevail over any
conflicting provision of any other related agreement insofar as
they pertain to offsite water improvements. 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 supercede all prior
agreements, statements, discussions, representations and
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understandings 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 joint venture and munici-
pal water district warrant that they have the authority and
approval to do so on behalf of such joint venture and municipal
water district.
TREETOPS UNLIMITED, a
Joint Venture of PACIFIC
SCENE, INC. and FINANCIAL
SCENE, INC.
By: PAC
By: FINANCIAL SCENE, INC.
By
BY
COSTA REAL MUNICIPAL
WATER DISTRICT
Donald A. MacLeod
President
Board of Directors
£>^.sfcp.
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THE CAPE OF CALAVERA HILLS
C. T. 31-47 , UNIT NO. I
EXHIBIT "A
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LEGEND
JULY ?2><
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COSTK
RE/1L
V•MUNICIPAL DISTRICT
5950 El Cap-nno Real. Carlsbad. California 92008 Telephone: (619) 436^271',
September 26, 1984
Treetops Unlimited
c/o Pacific Scene, Inc.
3900 Harney Street
San Diego, California 92110
Attention: Gary Carter
Subject: Carlsbad Tract 81-47, Unit No. 1, Villages C and D,
The Cape at Calavera Hills xfCEMWD 81-309 - Rfeim-
bursement for Oversizing v^__ —
Reference: Water System Improvements Agreement (Reimbursement
Agreement for Offsite Improvements, Agreement No. 3
dated October 25, 1982
Reimbursement of $15,936.30 was approved by our Board of Directors
at their meeting of September 19, 1984. Our check for that amount
is enclosed.
If there are any questions please contact this office.
Sincerely,
Thomas L. Brammell
Controller
TLB:fw
Enclosure
cc; Woodside/Kubota & Associates
KUBOTA A ASSOCIATES^Hfb.Agenda Item: 8.&M* (District Engineer^
MOINKBNC
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
X. SEP I 2m
September 11, 1984
William C. Meadows, General Manager
Costa Real Municipal Water District
Jack Y. Kubota, District Engineer
CT 81-47 - Villages C and D, Calavera Hills
Project No. 81-309
The developer and the District have entered into a reimbursement
agreement for the developer to construct a portion of the Tri-Agencies
pipeline extension through the subject subdivision, together with a
reimbursement for oversizing of pipelines. All of the construction
work has now been completed and the District has accepted the facili-
ties for ownership, operations and maintenance.
This office has evaluated all of the necessary documentation and has
determined the actual amount to be reimbursed to the developer.
There is attached a final financial summary of the entire proceedings,
as approved by the developer. We recommend that this matter be in-
cluded on the agenda for the regular Board meeting of September 19,
1984, for the following actions of our Board of Directors:
1. Approval of cash reimbursement to Treetops Unlimited in the amount
of $15,936.30 pursuant to agreement dated October 25, 1982.
2. Approval of reimbursement from future developments to Treetops
Unlimited in the amount of $84,874.15 pursuant to agreement
dated October 25, 1982.
The grand total of the above reimbursements amounts to $100,810.45.
We will be prepared to respond to any questions of the Board of
Di rectors.
(IJack Y. Kubota
Enclosure
LME:JYK:paf
CMWD 81-309
1£0ODSIDE/KUBOTA A ASSOCIATCkvC.
COWBtlLTIMol
REIMBURSEMENT SUMMARY
CARLSBAD TRACT 81-47 - UNIT NO. 1
VILLAGES C & D - "THE CAPE AT CALAVERA HILLS"
COSTA REAL MUNICIPAL WATER DISTRICT
1. COST OF 16" ACP CLASS 150 WATER MAIN IN ELM AVENUE
16" ACP CL150 - 985.70 LF @$28.00 $27,599.60
4" BO - 1 EA (3$1,800.00 1,800.00
2" BO - 1 EA 0425.00 425.00
2" AVA - 1 EA @$1,300.00 1,300.00
16" GV - 3 EA @$2,050.00 6,150.00
12" GV - 1 EA @$950.00 950.00
12" Steel WL - 36 LF @$40.00 1,440.00
TOTAL COST OF 16" LINE $39,664.60
LESS COST OF EQUIVALENT 12" ACP CLASS 150
12" ACP CL150 - 985.70 LF @$19.00 $18,728.30
2" BO - 1 EA (?$425.00 425.00
2" BO - 1 EA @$425.00 425.00
2" AVA - 1 EA G>$1,300.00 1,300.00
12" GV - 3 EA (<>$950.00 2,850.00
TOTAL COST OF EQUIVALENT 12" LINE 23,728.30
NET AMOUNT OF REIMBURSEMENT FOR OVERSIZING OF ELM AVENUE
WATERLINE - DISTRICT CASH PAYMENT ( $15,936.30
2. COST OF 12" GLASGOW LINE
12" ACP CL150 - 672.92 LF @$19.00 $12,785.48
12" GV - 1 EA (3$950.00 950.00
2" BO - 1 EA @$425.00 425.00
2" AVA - 1 EA @$1,300.00 1,300.00
Blasting, Excavation, and Import Fill -
597 LF @$14.69 8,769.93
NET AMOUNT OF REIMBURSEMENT FOR 12" GLASGOW LINE $24,230.41
3. COST OF 16" SOUTHERLY LINE
16" ACP CL150 - 861.62 LF <a$28.00 $24,125.36
16" GV - 2 EA @$2,050.00 4,100.00
2" MAR - 1 EA <3$450.00 450.00
2" BO - 1 EA <P$425.00 425.00
NET AMOUNT OF REIMBURSEMENT FOR 16" SOUTHERLY LINE 29,100.36
KUBOTA A ASSOCIATE:o ReWroursement Summary
CT 81-47 - Unit No. 1
Page 2
4. COST OF 12" LINE IN ELM AVENUE NOT REIMBURSED
UNDER ITEM NO. 1 ABOVE
12" ACP CL150 - 985.70 LF @$19.00 $18,728.30
2" BO - 2 EA G>$425.00 850.00
2" AVA - 1 EA (3$1,300.00 1,300.00
12" GV - 3 EA <a$950.00 2,850.00
Blasting, Excavation, and Import Fill -
532.66 LF G>$14.69 7,815.08
NET AMOUNT OF REIMBURSEMENT FOR 12" ELM AVENUE LINE 31,543.38
TOTAL REIMBURSEMENT FROM FUTURE DEVELOPMENTS $ 84,874.15
GRAND TOTAL REIMBURSEMENT - DISTRICT CASH PAYMENT PLUS
REIMBURSEMENT FROM FUTURE DEVELOPMENTS $100,810.45
Ja'ck "Y/. Kubota7/District Engineer
Real Municipal Water District
DATE : &/1&
REVIEWED AND APPROVED BY:
TREETOPS
By:
DATE:
APPROVED BY THE BOARD OF DIRECTORS
AT THEIR REGULAR MEETING OF , 1984
REFERENCE DOCUMENT:"Water System Improvements Agreement Regarding Carlsbad Tract
No. 81-47 - Unit No. 1 - Villages C & D - The Cape at Calavera
Hills - Agreement No. 3 - Reimbursement Agreement for Offsite
Improvements," dated October 25, 1982.
LME:paf
CMWD 81-309
8/28/84