HomeMy WebLinkAbout1991-08-06; Municipal Water District; 120; Approval of Calavera Hills Village T CT 83-19APPROVAL OF CALAVERA HILLS, VILLAGE T, CARLSBAD TRACT 83-19 CMWD PROJECT NO. 84-501
RECOMMENDED ACTION:
Adopt Resolution No. 749 for approval of Calavera Hills, Village T, Carlsbad Tract 83-19, CMWD Project No. 84-501 and acceptance of Supplemental Water System Improvements Agreement to existing Village Q Agreement.
ITEM EXPLANATION:
Lyon/Copley Carlsbad Associates, Inc., developers of the Calavera Hills, Village T project have submitted completed plans and supplemental agreement to existing Village Q agreement for water system site improvements. A performance guaranty in the sum of $2,722,848 has been posted to guarantee the improvements for the Calavera Hills Villages Q and T. This subdivision lies on the east side of College Boulevard west of City of Carlsbad boundary.
It is recommended that the Board of Directors approve Calavera Hills, Village T, Carlsbad Tract 83-19 and authorize the District Engineer to sign the improvement plans and the President to sign the supplemental agreement to existing Village Q Agreement.
FISCAL IMPACT:
None.
EXHIBITS:
1. Location Map.
2. Supplemental Agreement to Existing Village Q Water System Improvements Agreement (Onsite Improvements) for Calavera Hills, Village T, Carlsbad Tract 83-19, CMWD Project No. 84-501.
3. Resolution No. 349 approval of Calavera Hills, Village
T, Carlsbad Tract 83-19, CMWD Project No. 84-501 and acceptance of Supplemental Agreement to Existing Village Q Agreement for Water System Improvements.
CMWD 84-501
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WATER SYSTEM IMPROVEMENTS AGREEMENT
REGARDING
VILLAGE 'T' SUPPLEMENTAL AGREEMENT To EXISTING
VILLAGE 'Q' AGREEMENT
(Onsite Improvements) c. rc'-j This Agreement is':entered into on : ; 7, . -< Lye.2 b I l?f&1
between CARLSBAD M&&IPAIi WATER DISTRICT (hereinafter ,- "DISTRICT") :.A+/ ":%, i i I A and LYON/COPLBY CARL!3BAD ASSOCIATES, L.P., a California (hereinafter
Limited Partnership, j :
"DEVELOPER?)-%-with respect to the following: .' *
A.“*DEVELOPER is ab$lt t‘o present the map identified as “- 0
Calavera Hills Village 'T', Carlsbad Tract 83-19
/‘-.. *" I , ; .L_
(the "subdivision") to &e"iCity of.Carlsbad for final approval j 14 f>* *.l ,'
under the Subdivisionp'Map. Act ‘of the State of California and
..-- *, .N. ,2 _ ‘, y _) ; represents~that~D&ELOPER is<in compliance with the provisions of I ., ; the City ok Carlsbad's ordinances applicable to the filing and ..>._(. i ,I 8 approval of subdivision maps. The property encompassed by the ,,- .I 8 . : L-"",...‘"
subdivision lie; within the boundaries of the DISTRICT. '- ,p+* dt
B. Hunsaker &,Associates, San Dieqo, California i ‘ ,', .' has prepared plans and
specifications for the construction of the water systems necessary
to provide water service to the subdivision. The plans and
specifications are identified as Calavera Hills Villaqe 'T',
consisting of 45 sheets, and are incorporated herein by
reference ("plans"). The plans and specifications for the water
improvements, which are the subject of this Agreement, are set
forth on all sheets of those plans ("improvements"). The DISTRICT
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Board of Directors has approved the plans.
C. No present commitment is required of the DISTRICT as
to water service to the lots in the above described subdivision.
NOW THEREFORE, in consideration of the covenants,
conditions,and promises set forth below, and of the approval of the ,:- . .^ v,. j m,---4 plans by the DISTRICT, the undersigned agree as follows: ,*.a- ,, c"‘% ?; i 1. Construction of,~Imi3rovements. DEVELOPER agrees to ;;>+& ~~~~;:\ : _'
construct, or cause .:to be constructed, all of the water 4 ,< 1
improvements set.forth in the plans as described above within one -1
(1) year from&the date of this.'Agreement. The improvement shall be '-. s'
constructed in a good and workmanlike manner under the direction of -,-I' ! b‘ ,_
and subjectto;the approval of the DISTRICT, which approval will be r$ /", . exercised iii-good faith and will not be unreasonably withheld. The 9 L .j .. .*, (
improvements shall bei"'constructed in accordance with the plans S-B
approved by. the ‘.?~>. ,.: '5 ',
DISTRICT ind '-in conformity with all other
applicable 'standards: for pipeline construction which have been * 4 _ ., \
adopted by 'the DISTRICTS.;
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DEVELOPER * shall construct the ,,A ;& ' rw
improvements at"its;J,spole cost and expense, and without any cost or
expense to the DISTRIC%." ,?~ !' F: ,I I / , : 2. Inspection Feek'and beposits. DEVELOPER agrees to
pay to the DISTRICT, on demand, the full amount of all costs
incurred by the DISTRICT in connection with the work to be
performed under this Agreement including, but not limited to,
engineering plan checking, construction inspection, right-of-way
expenses, materials furnished, and a reasonable amount for the
DISTRICT's indirect costs and overhead in connection with this
project. The fees and costs shall be charged in accordance with
the DISTRICT's standard practice. DEVELOPER has deposited with the
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DISTRICT the Sum Of $29.363.00 I being the estimated amount of
the DISTRICT's expenses, at the time this Agreement is executed.
Should the DISTRICT's expenses be in excess of the deposit,
DEVELOPER shall pay the excess expenses to the DISTRICT on demand.
Should the DISTRICT's expenses be less than the amount of the *" '2, * (" - .) .‘<
deposit, the DISTRICT shall refund the balance to DEVELOPER upon ‘/F-% ;, 3 -*
completion of the'&ork anh its--acceptance by the DISTRICT. >.,j+; i '??, ,' 3. Dedication and Acceptance of Improvements. Upon 3 I, e IL * completion,/of-~-the" improvements~'in accordance with the plans, as
determined 'in',good faith by th‘e, DISTRICT's Manager and the ‘z I
DISTRICT's Engineer, DEVELOPER shall dedicate and the DISTRICT ,,. ,-"' ,Y. , f",
shall accept,,'" the improvements ; '- as the public property of the 1.
DISTRICT:.. The DISTRICT sh$l / be under no obligation to accept the t ., * 1. ,. 9 ". " improvements as public$roperty of the DISTRICT until such time as _.*I .f. .L * the following acts have occurred: -;
(ii) ,;',-A11 i p,l ' ic improvements proposed to be constructed * : in said subdivision, including but not limited to, streets, curbs, .- -*..__
drains, sewer, gas,..and utility lines and the improvements required d I,
for the complete wa'ter;system and necessary appurtenances thereto, < , 8 +-*: ,
as set forth in this ,Agree&nt, * :shall have been completed as
determined reasonably and in good faith by the DISTRICT's Engineer.
(b) DEVELOPER, at his own expense, provides to the
DISTRICT all documents and title policies necessary to vest and
insure record title to the public, to DISTRICT and/or City, to all
easements and/or rights-of-way necessary to the ownership and
maintenance of the improvements. DISTRICT shall have the right to
approve the acceptability of said easements, documents and title
policies, which approval shall be exercised in good faith and shall
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not be unreasonably withheld.
(cl DEVELOPER provides to the DISTRICT a statement
setting forth the actual cost of constructing the improvements.
The DISTRICT's Board of Directors shall accept the
dedication on behalf of the DISTRICT upon the recommendation of the .' r ,..-A ,.- .~ DISTRICT Manager and DISTRICT Engineer. **."'-\ ') ;
4. Interim Maintenance-of Improvements. DEVELOPER shall -+ .,,*,*/i. ( '-y
be responsible for the care, maintenance and repair of all damage '~
to the improvements constructed under this Agreement until such :' : / time as all water systems public improvements to be constructed i ; under this Agreement between DEVELOPER and the DISTRICT have been *,,- " : .
completed and dedication thereof has been accepted by the DISTRICT. " )) ‘" 51 i :
Guarantv p'; of Work and Materials. DEVELOPER .' s -5
guarantees, for a period of one (1) year after the DISTRICT accepts ". ,I
dedication thereoil..
,: * . . . '
.that the*'improvements shall be free of any
defects in materials &d/or workmanship. DEVELOPER shall repair or a , . replace, without cost'to the DISTRICT, any defect in workmanship or .-' :> I-.* .* I materials whichtioccurs within that time. The DISTRICT shall notify 1 f ;.
DEVELOPER in writing '$f,pany such defect. I' j DEVELOPER shall begin 1 ;fi :' ,- Uj
repairs within ten (10)' day:! after receipt of such notice, and
shall proceed expeditiously to complete the repairs within that
time, or the DISTRICT is authorized to have the defects repaired at
the expense of DEVELOPER, and DEVELOPER shall pay the cost of such
repairs upon written demand by the DISTRICT. In the event of an
emergency, as determined reasonably and in good faith by the
DISTRICT's Board of Directors, Manager or Engineer, the DISTRICT is
authorized to have the defect causing the emergency repaired,
without notice, at the expense of DEVELOPER, and DEVELOPER shall
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pay the cost thereof upon written demand by the DISTRICT.
6. Water Service and Occunancv Upon Completion. There
/ shall not be any permanent water service provided to any parcel of
land within the subdivision, nor shall occupancy of any permanent
improvement within the subdivision be permitted, until the DISTRICT
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has accepted dedication *of the &omplete water systems for the .I ' ,.-I\
subdivision and title'.of all'improvements, appurtenances, easements '.b // *.a\
and rights-of-way which are a part of such system. i ', This provision
does not limit.DEVELOPER from,.!'requesting, or the DISTRICT from
providing, temporary water service to the subdivision to be used ,
during construction. Other temporary water service may be allowed ,:- . under the terms and conditions agreed to between the DISTRICT and T ' . . -" _ DEVELOPER. ,*' :
7. Bond or"Guaranty. DEVELOPER has furnished and _' _I'
delivered to the DISTRICT a performance guaranty in the penal sum
of -o- I‘ t to insure faithful performance by DEVELOPER $ of all obligations under this contract. The guaranty shall be in . , ., . .
the form of a 'Faithful Performance/Warranty/Labor and Materials t .*. Bond issued by a reliable surety company, ,, ;' ;: ,.a r as determined by I\ * Ii DISTRICT, authorized to do business in the State of California, or
such other form of written guaranty as is acceptable to the
DISTRICT.
8. 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:
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6/19/91 REV.
To DEVELOPER Garry A. Tarquinio Lyon/Copley Car&bad Associates, L.P. 4430 La Villaqe Drive
San Dieqo, California 92122
To DISTRICT Robert J. Greaney, General Manager Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008
Benefit and Burden."
. t. _,, . ..a- 9. This Agreement shall inure to &'I_ ., '.I '->,
the benefit of, and‘the obligations created hereby shall be binding ' / ?\ j 1 _.I upon the heirs, successors and assigns of the parties hereto: The ,, ! ?T I a *e
DISTRICT acknowledges that thery'did exist a dispute between it and '. 1‘ ‘ the City of Carlsbad as to which entity has the right to provide \ $i T retail water service to this subdivision, among others, and the ,i I - '! St- I ;\
right to hold legal title to all public improvements necessary to > * 8.W : . .: provide such service. The DISTRICT filed an action'for declaratory "0 1 1 \
relief in the North Cokty Branch of the Superior Court of the f . :i ,(.1 :‘ 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. i
*"The parties hereto agree that their . . . ,: b " F( =.s
rights and obligations' under this Agreement are subject to the .# $
judgment, judicial-declaration, settlement or other determination I ff : i‘
made in the above-described"lega1 proceeding on June 29, 1983.
10. Severabilitv of Provisions. The invalidity or
illegality of any provisions 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.
11. Waiver or Amendment. No provision of this
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Agreement, nor any breach hereof, can be waived unless in writing.
Waiver of any one breach of any provision hereof shall not be
1 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 /.'z amendment. I
I; .i“' ', : 1 12. Governing Law.-.--This Agreement and any amendments ,) .c ', 'a hereto shall be governed by, construed and enforced in accordance P
with the laws,of,the State of California.
l;;h j ,:' Construction and Interpretation. This Agreement ,
contains the entire understanding and agreement of the parties as . - . I- .' to the/ construction of the complete water systems for the i .s t.! n >. j. ..-l subdivision, and supersede: r[ ',\ %\ all prior agreements, statements,
discussions, representations and understandings pertainingtothese
.-I ?. ^b /*’ -‘. -..,.. water systems; I) _
‘it. “7 -* _(
I_ " -i li. ‘Attornev's Fees'. * The prevailing party in any action I ‘b.. at law or in equity, including arbitration, brought to enforce or *..(e*
prevent the breach of thisAgreement, or any provision hereof, "<
including but not ITmited to any action for injunctive of ,“ :: ,I !<‘
declaratory relief, shall be'entitled to attorney's fees and costs
incurred in such action, including those incurred in any appeal.
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15. Authority to Siqn. The individuals who sign this
Agreement on behalf of the undersigned Y
certify that they have the authority snd approval to do so on
behalf of such
DEVELOPER:
T F. BIOND
Z I_ i ; ' " T.; I, _,'- 2 *".._, -. -. --a..-e-I*‘ '. \_ . 'j.
such corporation executed the within instrument pursuant to its --
I by-laws or a resolution of its board of directors.
(This area for official notarial seal)
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RESOLUTION NO. 749
-RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT FOR APPROVAL OF CALAVERA HILLS, VILLAGE T, CARLSBAD TRACT 83-19 AND ACCEPTANCE OF SUPPLEMENTAL WATER SYSTEM IMPROVEMENTS AGREEMENT TO EXISTING VILLAGE 0 AGREEMENT, CMWD PROJECT 84-501
WHEREAS, LYON/COPLEY CARLSBAD ASSOCIATES, L.P., a
California limited partnership, have submitted completed plans and
supplemental agreement to existing Village Q Agreement for water
system onsite improvements for Calavera Hills, Village T, Carlsbad
Tract 83-19, CMWD Project No. 84-501; and
WHEREAS, it is recommended that the Board of Directors of
the Carlsbad Municipal Water District approve Calavera Hills,
Village T, Carlsbad Tract 83-19, CMWD Project No. 84-501 and
authorize the District Engineer to sign the improvement plans and
the President to sign the supplemental agreement;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors
of the Carlsbad Municipal Water District as follows:
1. That the above recitations are true and correct.
2. That the approval of Calavera Hills, Village T,
Carlsbad Tract 83-19, CMWD Project No. 84-501 and acceptance and
authorization for the District Engineer to sign the improvement
plans and the President to sign supplemental agreement to existing
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Village Q Water System Improvements Agreement for onsite
improvements is incorporated herein by reference, is accepted.
PASSED, APPROVED AND ADOPTED at a meeting of the Carlsbad
Municipal Water District held on the 6th day of August ,
1991 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Larson and Stanton
NOES: None
ABSENT: Board Member Nyg
ATTEST:
n&&BK- c ALETBA L. RAUTENKRANZ, Set ary
(SEAL)
CMWD 84-501