HomeMy WebLinkAbout1991-09-03; Municipal Water District; 125; Approval of Broccato at Batiquitos ShoresCARLSBAD M’- IICIPAL WATER DISTRICT - -3ENDA BILL
AB# \as TITLE: APPROVAL OF BROCCATO AT
MTG. $&$i+ BATIQUITOS SHORES, CARLSBAD
DEPT. TRACT 89-19, CMWD PROJECT NO. 85-401 CITY MGR. w
RECOMMENDED ACTION:
Adopt Resolution No. 15-a for approval of Broccato at Batiquitos Shores, Carlsbad Tract 89-19 and acceptance of Onsite Water System Improvements Agreement.
ITEM EXPLANATION:
Odmark & Thelan and The Davidson Companies Partnership, developers of the Broccato at Batiquitos Shores project have submitted completed plans and agreement for onsite water system site improvements. A Performance guarantee in the sum of $415,400 has been posted to guarantee the improvements. This subdivision is located at the north east corner of I-5 and Batiquitos Lagoon being the southerly end of Batiquitos Drive.
It is recommended that the Board of Directors approve Broccato at Batiquitos Shores, Carlsbad Tract 89-19, CMWD Project No. 85- 401, authorize the District Engineer to sign the improvement plans and the President to sign the Onsite Water System Improvements agreement.
FISCAL IMPACT:
None.
EXHIBITS:
1. Location Map.
2. Onsite Water System Improvements Agreement for Broccato at Batiquitos Shores, Carlsbad Tract 89-19, CMWD Project No. 85-401.
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3. Resolution No. 3& approval of Broccato at Batiquitos Shores, Carlsbad Tract 89-19, CMWD Project No. 85-401 and acceptance of Onsite Water System Improvements Agreement.
CMWD 85-401
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PROJECT
BROCCATO
EIR 89-l/CT 89-19
SDP 8907/ HDP 89-37 ZC 89-6
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WATER SYSTEM IMPROVEMENTS AGREEMENT
REGARDING
BROCCATO AT BATIQUITOS SHORES
CARLSBAD TRACT 89-19
(Onsite Improvements) b..C 'i S' ~ _L
This Agreementis enter'ed,into on- -5( , 19Yl -I : ; #"n, * #C 'l between CARLSBA.D; WATER*DISTRICT,(hereinafter tIDISTRICTI') L; '
and OCMARK & THE&J AND THE DAVIDSON COMPANIES PARTNERSHIP (hereinafter .+i -2 ,! 'yy tlDEVELOPER1l)--with respect to the~following: ' p. .:- .8 i
jJJ 2 REDEVELOPER is about to present the map identified as -. /~
BROCCATO AT BATIOUITk SHORES'; CARLSBAD TRACT 89-19
d' *.. s- i ;. 'l P "*
$ i I
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/ .“,
Pi :A\ ‘i I _’ $,” the ltsubdivision'l) to Fhe City of Carlsbad for final?approval under .? '1 .I .A -., A05 the Subdivision MapAct of t&State of California and represents _.
that DEVELCPER6is;in~$compliance with the provisions of the City of ,:. 1 -'Lb; 1 Carlsbad's ordinances,applicable to ..the,~pfiling and approval of .r' r" ';F : i.'ywr. .' I" x
subdivision maps. *J$% /The property encompassed by the subdivision lies J I, within the boundaries'yof the DISTRICT.. , * 1 * .$ i I gyn+(\> :, f s B. O'DA$ m m OF CARLSBAD. CALIFORNIA
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 BROCCATO AT BATIQUITOS SHORES,
CARLSBAD TRACT 89-19
consisting of 30 sheets, and are incorporated herein by
reference (l'plansl'). The plans and specifications for the water
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. . . -
improvements, which are the subject of this Agreement, are set
forth on all sheets of those plans (t'improvementst*). The DISTRICT
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,$-in
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consideration p?\ f ii ..'yY, of the covenants, .'1 yh. conditions,and promises set forth'belowj ,&.& '3% and of'the approval of the i
plans by the DISTRICT,: "i,,:;, ";‘n, the undersigned agree as follows:
~, * if? 1:. --Construction of Imdrovements. DEVELOPER agrees to
<.'\ construct, or', cause ,to / k> be. con$zructed, all 'of the water at (i improvements set forth in the plans 'Bs described above within one /.Yf p.; ::
(1) yeaE\frdm'the date of [is Agreement. <j The improvements shall P '*. _ _ be constructed in a good a$w30rkmanlikermanner under the direction p $
of and subject to the approval “\ i;~
of the DISTRICT, which approval will :' .^ Af b Pi> be exercised~ir?go?dfaith andY'will not be unreasonably withheld. )L ,\ + . . ..F.'- .* ,- $ The improvements'shall, be constructed in accordance with the plans ‘ ." L f
approved by 'zthe DIiTRICT>.“and in',conformity' with all other _' *>~ "$ ~ ". yY?yy"' )‘_ ,
applicable stali&ards fbr'i:pipeline construction which have been .>) ,*"r )$ i" ,. , ' \
adopted by the DIS,gICT.n DEVELOPER ' shall construct the "<?fij ' '(
improvements at its sole'cost'and expense, and without any cost or
expense to the DISTRICT.
2. Inspection Fees and Deposits. 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
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project. The fees and costs shall be charged in accordance with
the
the fee of
DEVELOPER shall remit to the DISTRICT
being the estimated amount of
the DISTRICT expenses, at the time this Agreement is executed.
3. Dedication and Acceptance of Imorovements. Upon ;* e -T I>.
completion of the improvements in accordance with the plans, as 'a / : .,
determined in y--*, the ' DISTRICT's Manager and the .j
DISTRICT's Engi ER shall dedicate and the DISTRICT I i : shall accept? -*thee "improvements as the public property of the .:* *.' DISTRICT. The DISTRICT shall<be under no obligation to accept the
improvements as public property of the DISTRICT until such time as p"“: ;"1,.,~ .- ,k i 4 the fol$owing‘acts have occurred: :'$ .,> f; 1. ., 1 ‘ '- (a; ' All public'~improvemen&proposed to be constructed ,f I ’ ~ h i ‘/ .;a a in said subdivision, in.cluding‘but'not'limited to, streets, curbs,
,.+a 5. *. ‘i i :
drains,
,,:\. .(‘ j/X \\ .a, .*
sewer; gasand utilitylines and the improvements required . . - **;, : ., >.,: *&, * ; , j
for the complete water systemland necessary appurtenances thereto, ,..i" J j' sf
as set forth' in thiA.*Agreement, shall have been completed as
determined rea good faith by the DISTRICT's Engineer. r 5
(b) at his own‘< expense, provides to the $ ;rl i' '3 * ", ',
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
not be unreasonably withheld.
(cl DEVELOPER provides to the DISTRICT a statement
setting forth the actual cost of constructing the improvements.
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The DISTRICT's Board of Directors shall accept the
dedication on behalf of the DISTRICT upon the recommendation of the
DISTRICT Manager and DISTRICT Engineer.
4. Interim Maintenance of Imorovements. DEVELOPER shall
be responsible for the care, maintenance and repair of all damage
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to the improvements constructed under'this,,Agreement until such i . r,
time as all water-%$&ems publicc.improvements to be constructed $&". "y : +< :
under this Agreement between DEVELOPER and the DISTRICT have been * .-: .,' * ; ! :" completed and dedication thereof.*has been accepted by the DISTRICT. 5 l , X~,.?” &‘ Guaranty of /Work and Materials. DEVELOPER .,; *
guarantees, for a period of one (1) year after the DISTRICT accepts /-Y I"‘> ,, i' '7
dedicatton thereof, that the improvements shall be free of any
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defects in materials and/or workmanship, j DEVELOPER shall repair or
& ** 4 I, &t ,\ replace, without cost to the,DISTRICT,'any defect in <workmanship or " --. h ,.A ., ."/ A.,, s . w materials which occurs.within .&at time. The DISTRICT shall notify , -
DEVELOPER in writing~jof any such defect. DEVELOPER shall begin i :! I : _ r* repairs within .ten (10) days .after receipt of 'such notice, and .I- 3. i _. * ,+p -rap* I
shall proceed expeditiously to complete the-,repairs within that ' 64 3 time, or the DISTRI&,i;Zauthorized to have the defects repaired at . . .t " i‘ i _ '. '.
the expense of DEVELOPER, andDEVELOPER 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
pay the cost thereof upon written demand by the DISTRICT.
6. Water Service and Occupancv Upon Completion. There
shall not be any permanent water service provided to any parcel of
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land within the subdivision, nor shall occupancy of any permanent
improvement within the subdivision be permitted, until the DISTRICT
has accepted dedication of the complete water systems for the
subdivision and title of all improvements, appurtenances, easements
and rights-of-way which are a part of'such system. This provision ""* 6" 9 does not limit DEVELOPER'$from requesting, ,. pr the DISTRICT from
providing, ./T\ lb 4 "b.\ r' '1
temporary, water service-to the .subdivision to be used x+&f' ""\ ; <'
during construction-,, Other temporary waterservice may be allowed I .: t {" -q
under the terms and conditions.,agreed to between the DISTRICT and
,’ ~ DEVELOPER. &, ‘i:
7. Bond or Guaranty. ‘DEVELOPER shall furnish and
in the penal sum of
by DEVELOPER of
all obligations under thiscontract. : "The guaranty shall be in the ,e ,.$ ,.
form of a Faithful 'Performance/'Warranty/Labor and Materials Bond _ '. c issued by a" reliablejsurety rcompany, ..j \ -q as determined by DISTRICT, ; f ,;
authorized to do business inthe Stateof California, or such other ,- #r-' )+ >: .I .,?-.y#.* . .._
form of writteniguaranty 'asis acceptable to the DISTRICT. A. p
8. Noti,e<.j[ All notices .;or b other communications If '" p 'r5>, _I ‘: j
required or permitted "under', this Agreement shall be sent by
registered or certified mail, return receipt requested, postage
prepaid, addressed as follows:
To DEVELOPER John D. Thelan Odmar I k 1010 Universitv Avenue. Suite 201 ao. C2'lifomia 93103
To DISTRICT Robert J. Greaney, General Manager Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008
9. Benefit and Burden. This Agreement shall inure to
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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 all public improvements necessary to -- '*.,_ provide such se TRICT filed aniaction for declaratory *. ' relief in the Nort%h .&& "1 County Branch of the Superior Court of the 1 '5
State of California"for the County of San Diego, ;: case no. N20027, i -, I" to resolve that dispute. The DISTRICT and the City of Carlsbad
have settled this lawsuit. -' The parties hereto agree that their ". .". ic .?i% i :
rights (and 'obligations under this Agreement are subject to the ! as .I ‘1 . 8' judgment, judicial declajration, sett,lement or other determination (0 .* ;! '*
made in the above-described;legal proceeding on June 29, 1983. '. A.,. _.adf -_ 1o ;' 't., -. /'.. Severabilitv >‘of Provisions. The invalidity or " 5 - .%pz,i :& illegality of any prqoisions of this:Agreement shall not affect the i i z ; validity or enforcement.,of the remainder of'this Agreement. If any /I P -9q. * : ,,.
provision or te&n/hereof:is found to be invalid or unenforceable, ,- ,$ a
the rest of the Agreem%)t shall remain in full force and effect as $2 1. , ~( : /* i I, _. ',
though the invalid or unenforceable provision was not a part of the
Agreement.
11. Waiver or Amendment. No provision of this
Agreement, nor any breach hereof, can be waived unless in writing.
Waiver of any one breach of any provision hereof shall not be
construed as a waiver of any other.breach of the same or any other
provision hereof. This Agreement shall be amended or modified only
by a written agreement signed by the party to be charged with the
amendment.
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12. Governino Law. This Agreement and any amendments
hereto shall be governed by, construed and enforced in accordance
with the laws of the State of California.
13. Construction and Interoretation. This Agreement
contains the entire understanding and agreement of the parties as ,, ",
to the const e complete ,. water systems for the 'N,
subdivision, all '**prior '.' agreements, statements,
discussions, r and understandings pertainingtothese . b ; ~?- water systems.-,z~,,W ' 7 i
&.$ .<, : &i ')
14;?-Attornev's Feesii The~,prevailing party in any action 6,
at law or in equity, including arbitration, brought to enforce or 4q $?%*
prevent/;he 'breach
i :
: of this! Agreement; or any provision hereof, '\ " *i :: ,::1
including ""but not limi{edi.,,to any.;* action for injunctive of t“ f J i " declaratory relief, shall be entitled,to attorney's fees and costs :.'I" *r B ,? ii
incurred in such'action,
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including those incurred in any appeal.
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15. Authoritv to Sign. The individuals who sign this
Agreement on behalf of the undersigned
certify that they have the authority and approval to do so on
behalf of such
Executed by Developer This day of , 19-I xi
.
Executed by District
DEVELOPER: @.$y?$ ,*~~:"~ ,a ,i:- .b4\
j:,- iv*
See Attached i.:'"t
(name of developer) "'" -' v -) - ,I
By: I! --?-+
(sign here)
(title,of signatory) I < \
By: :' !'. , . . *~ !
(sign here) L'~ i i i i
(title of signatory!,.' ' '- ._) >p%. 8 ,
APPROVED AS,TO FORM: c
CMWD 85-401
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(Corporation as a Partner of a Partnership)
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a TICOR TITLE INSURANCE - STATE OF CALIFORNIA
COUNTY OF G&f A&W ss.
991 before me, the undersigned, a Notary Public in and for
bvL, LJ ,$&aQtQ&
personally known to me or-pr~&asis&satisfactory-evidence to be the person who executed
the within instrument as the President, and
@f-W e-on-the-basis-of-satisfactory -evidence
ziiaa?ca~ of
,\
the partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner and that
such partnership executed the same.
WITNESS my hand and official seal.
Execut d y Developer This z day of, lg2.
DEVELOPER: ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP
By: ODMARK & THELAN/BATIQUITOS LTD. a California Limited Partnership Its General Partner
By: ODMARK & THELAN A California General Partnership (Its General Partner)
By: ONTARIOVILLE HOLDING COMPANY
:y:zlgg=;ent
By: DAVIDSON COSCAN PARTNERS A California General Partnership Its General Partner
Bvr flwrl7 r\xrr----
STATE OF CALIFORNIA ) )ss:
CAT. NO. NN00636
TO 1954 CA (S-84)
Signature
c in nally ment
f
d as
~AJIV f%WC - CAUFORNA SAN OEGO COUNTY
(This area for official notarial seal)
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RESOLUTION NO. 752
RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT FOR APPROVAL OF BROCCATO AT BATIQUITOS SHORES, CARLSBAD TRACT 89-19 AND ACCEPTANCE OF WATER SYSTEM IMPROVEMENTS AGREEMENT, CMWD PROJECT 84-501
WHEREAS, LYON/COPLEY CARLSBAD ASSOCIATES, L.P., a
California limited partnership, have submitted completed plans and
agreement for water system onsite improvements for Broccato at
Batiquitos Shores, Carlsbad Tract 89-19, CMWD Project No. 85-401;
and
WHEREAS, it is recommended that the Board of Directors of
the Carlsbad Municipal Water District approve Brocatto at
Batiquitos Shores, Carlsbad Tract 89-19, CMWD Project No. 85-401
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 Broccato at Batiquitos Shores,
Carlsbad Tract 89-19, CMWD Project No. 85-401 and acceptance and
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authorization for the District Engineer to sign the improvement
plans and the President to sign the 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 3rd day of September I
1991 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
1 ATTEST:
ALETHA L. RAUTENKRANZ, Secratary
~ (SEAL)
CMWD 85-401
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