HomeMy WebLinkAbout1992-01-07; Municipal Water District; 141; Approval of Water System ImprovementsCARLSBAD lit-‘IICIPAL WATER DISTRICT - TENDA BILL
AB # 1 4 1 TITLE: APPROVAL OF WATER SYSTEM IMPROVEMENTS D
MTG. I -JN;%& FOR ALDEA, C.T. 90-14, (AVIARA P.A. 16), c
DEPT. l
CMWD PROJECT NO. 90-506 AND ALDEA (MODELS), ACCEPTANCE OF WATER IMPROVEMENTS AGREEMENTS
RECOMMENDED ACTION:
Adopt Resolution No. ?b? for approval of water system improvements for Aldea, Carlsbad Tract 90-14, (Aviara P.A. 16) and Aldea (Models), CMWD Project No. 90-506 and acceptance of the Onsite Water System Improvements Agreements.
ITEM EXPLANATION:
Bramalea California, Inc., developers of the project Aldea, Carlsbad Tract 90-14, (Aviara P.A. 16), and Aldea (Models), CMWD Project No. 90-506 have submitted completed plans and agreements for water system onsite improvements for both projects. A Performance guarantee in the sum of $176,900 for the development and a performance guarantee in the sum of $43,900 for the Models have been posted to guarantee the improvements. This subdivision is located on the east side of Alga Road, south of Poinsettia Lane and west of El Camino Real.
It is recommended that the Board of Directors approve the water system onsite improvements for Aldea, Carlsbad Tract 90-14, (Aviara P.A. 16), and Aldea (Models), CMWD Project No. 90-506, authorize the District Engineer to sign the improvement plans and the President to sign the agreements.
FISCAL IMPACT:
None.
EXHIBITS:
1. Location Map.
2. Onsite Water System Improvements Agreements for Aldea, Carlsbad Tract 90-14, (Aviara P.A. 16) and Aldea (Models), CMWD Project No. 90-506.
3. Resolution No. Qb 3 approval water system onsite improvements of Aldea, Carlsbad Tract 90-14, (Aviara P.A.
16) f and Aldea (Models), CMWD Project No. 90-506 and acceptance of the Water System Improvements Agreements for onsite improvements
CMWD 90-506
-
CITY OF CARLSBAD TRACT NO. 90-14
AVIARA PLANNING AREA 16, ALDEA
I N
I
I
VICW ITY
NO XALE
J.N. 135-008
10/29/91
.’ . ,
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WATER SYSTEM IMPROVEMENTS AGREEMENT
I REGARDING
ALDFA, CARLSBAD TRACC 90-14,
(AVIARA P.A. 16), CMWD PROJECT No. 90-506
(Onsite Improvements) .a._, ,' I This Agreement is'entered ~ .?.~.x;L, into on +pJ- l 19e
between CARLSBAD MUNICIPAL WATER DISTRICT (hereinafter "DISTRICT") 2. _ '-"\, ‘~ :
and BRAMALEA CALIFORNIA, INC., a CalifOmia Corporation (hereinafter
"DEVELOPER") with respect to the following: ,* ,9‘ .,:
A. 'DEVELOPER is about to,,present the map identified as
CITY OF CARLSBAD TRACT No. 90-14, ALDEA _I. j j -_
" ,_x I :$
r _, :' '>
the "subdivision") to the City~'of Carlsbad for final approval under i
the Subdivision"Map Act of the State of California and represents
that DEVELOPER is 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 ' 4
within the boundaries of;the DISTRICT. .,: t * ,-
B. Crosby,Mead,Benton & Associates 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
ALDEA, GARLSBAD TRACT 90-14, (AVIARA P.A. 16), CFIWD PRCJJECI? NO. go-506
consisting of sheets, and are incorporated herein by
reference ("plans"). The plans and specifications for the water
1 6/25/91 REV.
improvements, which are the subject of this Agreement, are set
1 forth on all sheets of those plans (llimprovementsM). 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 consideiation of the covenants,
conditions,and promises set forth belowb and of the approval of the ;,
plans by the DISTRICT, the undersigned agree as follows: f 1:. Eonstruction of Im&ovements. 8' t DEVEmPE+R agrees to
construct, " d oP,,$ cause all- af the water p,* to be' cotiqtructed, 5 * '
improvements set forth in the plans"as described above within one "'i .
(1) yeafi&om'.:the date of this Agreement. ' ii
“ ;z The improveme$ts shall
be construct& in a good and workmanliketmanner underth&.rection > ; ( li of and subject to the approval of l%e DISTRICT, which approval will
‘k,. i I ., be exercisec3:i.n 'good: faith and wfll'I*hot be unreasonably withheld. i *; " _ . The improvements shal$ be construct$d in accordakce with the plans 5J .-. .,+ approved by t-he DISTRICT and fr;.--,:~.,conforplfty..,,With all other ,+ -,.i " _ I / m‘\i'-,. 1 2 .% applicable stan&ms for pipelima con&%ctio& which have been *- @S '
"DI,STRICT. II.,~ adopted by the DEVELOPER ‘! shal 1 construct the . . -i
improvements at its sole cost and expentie, and without any cost or
expense to the DISTRICT.
2. Inspection Fees and Deoosits. 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
2 6/25/91 REV.
.
1 project. The fees and costs shall be charged in accordance with
2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
16
19
20
21
22
23
24
25
26
27
26
the DISTRICT's Ordinance 29. DEVELOPER shall remit to the DISTRICT
the fee of $ 5,300.oo I being the estimated amount of
the DISTRICT expenses, at the time this Agreement is executed.
3. Dedication and Acceptance of Imnrovements. Upon
completion of the improvements in accordance with the plans, as
determined in good 'faith by th& DISTRICT;&+: Manager and the 'a,, .:- 1
DISTRICT's Enginee$ D&ELOPER shall ded&atg*'and the DISTRICT %I j
shall accep&H., "improvements 'as the public pr ty of the *~ : ," c DISTRICT. $ RICT shall be uyr no obligatikk~fo accept the i .*
improvements ag'public property of i&e DISTRICT until such time as I 1 I ^,
acts have occurred: {: *
All public improvements proposed to be*< strutted _"
in said subdivision, including but&+"limited to, streets, curbs, .^ '$4 _:' i. i utility line '.." " d jand the imp&&k&s required * 4" ‘>4 d system and nFessaiy appetenances thereto,
as set fort&$& ~thk.Agreement,
:c L .‘ c
#"' &all haqe been completed as
I e‘C.4 A * p
determined reas&$ly and'in good faiWk
* >
; ^-% & D?yTRICT's Engineer. : ' ./ DEVEI&%R,
1 _ +‘&.'*"*r ‘" 9;
(b) at his own expk$se, provides to the ; n '&
DISTRICT all documents and title policies necessary to vest and
insure record title to the public, to DISTRICT and/or City, to all I I easements and/or rights-of-way necessary to the ownership and I
maintenance of the improvements. DISTRICT shall have the right to '
I 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.
3 6/25/91 REV.
1
2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
16
19
20
21
22
23
24
25
26
27
26
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 Imnrovements. DEVELOPER shall
be responsible for the care, maintenance and repair of all damage *x
to the improvements constructed under "this Agreement until such
time as all water,*sy&ems public impr&ements)‘fo be constructed ,' d 7 d ?i XI' under this Agreement between DEVELOPER andkh&DISTRICT have been .i*
completed anddedQa&on thereof has been accepted by.?ge DISTRICT. ,d 5 . "':;~~‘&arantv of 1. i‘ Work% and Materiaa g DEVELOPER . t .‘e i-
guarantees, fora period of one (1) year after the DkTRICT accepts .$ 'i- i
dedicatf, n 9, th&eof, 4
: 3. f that th:e improvements shall be"fk@ of any ."I defects ir?$&.&ials and/or workmanship,: DEVELOPER shall repair or 1 ~' *. V1 z h replace, without cost to,the DISTRYXT, k$defect in workmanship or -;" .~ .a. * *.
materials which occurawithin that&e. --s ,g' The DkkdT ihall notify -*
DEVELOPER in.w$iting>iof any such"d&fect. 4 j
;'-$, DEFV@LOF shall begin * ,i* '4, 9;'
repairs withinten (i0) days after; receipt+bf such notice, and J _ +-& '5% . .r ._ .J? ..y s
shall proceed &pkditiously to compl~~.~~t;i;e~,.~~airs within that 1' +i . ,_l_... > _.- ,,h- ;. ' ?I, "3 time, or the DISTRI?Tis authorized to.;ha-ve the defects repaired at ‘,."4 - :; the expense of DEVELOPER,' and DEV&PBR '&hall 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 Occunancv Unon Completion. There
shall not be any permanent water service provided to any parcel of
4 6/25/91 REV.
1
2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
16
19
20
21
22
23
24
25
26
27
26
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
ision to be used
e may be allowed
DEVELOPER. :'
DISTRICT a performance
to insure faithf
authorized t&
form of writte
n&&by DISTRICT,
or such other
DISTRICT.
ment shall be sent by
registered or certified mail, return receipt requested, postage
prepaid, addressed as follows:
. To DEVELOPER Jack Rehr, Vice President Bramalea California, Inc. One Park Plaza, Suite 1100 Irvine, California 92714
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
5 6/25/91 REV.
1
2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
16
19
20
21
22
23
24
25
26
27
26
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 tit nts necessary to
provide such serv n for declaratory
relief in the No rior Court of the
to resolve of Carlsbad
is lawsuit.
isions 0 1'lt"not affect the
provision or t
the rest of the Ag
though the invalid or u
r unenforceable,
force and effect as
ion 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.
6 6/25/91,REV.
12. Governina 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 Internretation. This Agreement
contains the entire understanding and agreement of the parties as
to the construction of the c systems for the
subdivision, ‘a& ': and; .-supersede% g-I atll, statements, '** "%s, _ , .~:a
discussions, reprek$tations and understand&@@ertainingtothese 4 '.$ .I water syst 4 I $ 4L i ' Th+4prevailing p any action If at law or in e&uity, including arbi&ation, broughk to enforce or 1/ ^,,
declaratory
incurred i
/I/
///
///
///
///
///
///
///
///
///
//I
/// .
///
a tion for in$.+&tive of
ttorney's fees and costs
7 6/25/91 REV.
I . . . . I .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
. 19
15. Authoritv to Sisn. The individuals who sign this
Agreement on behalf of the undersigned corporation
certify that they have the authority and approval to do so on
behalf of such corporation .
Executed by Developer Executed by District This 20th day of .$ This 20th day of
September , 1991,' " SeDtember ='4;, ,
DEVELOPER: BEZAMALEA CALIFORNIANS INC.; "a-
Jack Reimr, Vice President .' f ‘signatory)
..;,
(sign here) s :" 1 . . :'
:. a
:” j, :: ; *
*. ,:: Tim McGinnis, Senior Vice-P&ident .*' '.
(title of,,.signatory)' ‘,.,, ,d- _ j
APPROVED AS TO FORM:
STATE OF CALIFORNIA
, before me, the undersigned, a Notary Public in and for
and
personally known to me (or proved to me on the
the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
WlTrjESS my hand and official seal.
(This area for official notarial seal)
6/25/91 REV.
., ., . . .’ ‘.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4
WATER SYSTEM IMPROVEMENTS AGREEMENT
REGARDING
ALDIZA (MODELS), CARLSBAD TRACT 90-14,
(AVIARA P.A. 161, CNWD PROJECT No. 90-506
(Onsite Improvements) _I -"y V" " This Agreement:.& entered.%into on*, ___ -.> .'..,
between CARLSBAD MUNICIPAL WATER DISTdICTi(he -. ' "1, /
and BF?AMALBA CALIF&IA, IKC., I a California Corporation, .\ ~ _
"DEVELOPER") witch respect to the .following: I' ‘N_ 1% I
B , lti-+
"DISTRICT")
(hereinafter
A. ,-DEVELOPER is about to present the map identified as
CITY OF CARLSBAD TRACT 90-14, ALDEA
. . i i ‘
the "subdivision") to the City of Carlsbad for finalapproval under _. a " the Subdivision Map Act of the State of California and represents
that DEVELOPER is in compliance with the provisions of the City of "
Carlsbad's ordinances., applicable to the,. filing and approval of "‘p 1 ..-.-I ,._,
subdivision ma&.: " :The property encompassed by the subdivision lies ,; .
within the boundaries.?of the DISTRICT. z : *lr i “ * ,_. ('S
B. Crosbv,Mead,Benton & Associates of Car&bad, 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
II -- -TRACT 90-14, (AVIARA P.A. 16), CMWD PROJECT NO. 90-506
consisting of sheets, 4 and are incorporated herein by
reference ("plans"). The plans and%pecifications for the water
1 6/25/91 REV.
1
2
3
4
5
6
7
8
9
10
'11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
improvements, which are the subject of this Agreement, are set
forth on all sheets of those plans (l'improvementstt). 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 considiration of the covenants,
conditions,and promises set forth below, and of the approval of the ‘2 "
plans by the DISTRICT, the undersigned agree as'follows: I . . ,.
l* c onstruction of Improvements. ,.. I :F' ; DEVELQPFR agrees to
construct, or-" cause to be canstructed, all', oi the water 2 a improvements set forth in the plansias described above within one "2 t
(1) year:& the date of this AgreeAent. i
:! The imprcvem&ts shall ‘8 be constructed in a good and: workmanlikeimanner under th&:direction ',/ _ a
of and subject to the approval of the DISTRICT, which approval will li be exercise&in good faith and will;!not be unre&onabiy withheld. 4 ,I
The improvements shall be constrt.xck(?d in accordance with the plans 4l
approved by .the *d DISTRICT andt i&=~conform&y,, with all other iI d-. ~I _ applicable standards for pip&in& c@M&ucticti which have been ,_ . .>, i 1
adopted by the 'DISTRICT. DEVEMPER '+hall construct the . _" "
improvements at its sole cost and exp~ense, and without any cost or
expense to the DISTRICT.
2. Insoection Fees and Deoosits. 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
2 6/25/91 REV.
pr0jec.t. The fees and costs shall be charged in accordance with
the DISTRICT's Ordinance 29. DEVELOPER shall remit to the DISTRICT
the fee of $ 1,800.OO I being the estimated amount of
the DISTRICT expenses, at the time this Agreement is executed.
3. Dedication and Acceptance of Imorovements. Upon
completion of the improvements in accordance with the plans, as
determined in good faith 'by-$ the DkTRIC!T'@*,Manager and the
DISTRICT's Engine&$ DEVELOPER shall dedicate 'and the DISTRICT t
shall act improvements -"as the public. pro ty of the
DISTRICT. CT shall be u'nder no obligat accept the
); :, improvements arS public property of the DISTRICT until such time as
‘L
the foll&in&acts have occurred: "i, ,‘..' 1 7 .; :.. , .' All public'improvemen@ proposed to be~constructed l.j* .. ,I in said subdivision, including butnor limited to, streets, curbs, :3 c.
drains, sewer, gas and utility 1ines:and the ii&r&ments required .&" :. for the cornpike: wat& system and n&essary appurtenances thereto, I3 '3 d -,5 %. .-* as set fortg'"$n thii Agreententb . shall havei' be& completed as ,"“"' Y -: determined rea&n s ', *"
es ly and in good iai~by-"t‘ha_B~BTRICT's Engineer. ‘,P _'
(b) DEi'kkPER, at his. *'o& expeis'e, provides to the I_ *
DISTRICT all documents and title policies necessary to vest and
insure record title to the public, to DISTRICT and/or City, to all
easements and/or rights-of-way necessary to the ownership and
maintenance of the improvements. DISTRICT shall have the right to
approve the acceptability of said easements, documents and title
policies, which approval shall be exercised in good faith and shall
not be unreasonably withheld.
(cl DEVELOPER provides to the DISTRICT a statement
setting forth the actual cost of constructing the improvements.
3 6/25/91 REV.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The DISTRICT's Board of Directors shall accept the
dedication on behalf of the DISTRICT upon the recommendation of the
DISTRICT Manager and DISTRICT Engineer. .
4. Interim Maintenance of Imnrovements. DEVELOPER shall
be responsible for the care, maintenance and repair of all damage
to the improvements constructed under:this Agreement until such
time as all wateq systems public imptiovementsh.to be constructed "* . . 1 under this Agreement between DEVELOPER and thq DISTRICT have been ‘ .‘
completed anddedication thereof has been accepted by e DISTRICT. s
5.". ,.i Cuarantv of 'Work and Materia&@~ DEVELOPER
.a’ . guarantees, for a period of one (1) year after the DISTRICT accepts
.I ,’
dedicateh thereof, .‘ that the improvements shall be fide of any B ,;
defects iti nt$sterials and/or workmanship4 DEVELOPER shall'repair or 5 replace, without cost to the DISTRICT&* any defect in workmanship or "
materials which occ&s within that time. - The DIST'RICT shall notify . : P DEVELOPER in writi& of any such defect. DEVELOPER shall begin "f _,' . ?
repairs within ,ten (10) days aft& receipq;; of: sitdh notice, and .- ') %. *
shall proceed Lpeditiously to compX'et&&he. &pHirs within that ^' '_ ,.P _ ._ " '3 time, or the DISTRfCT is.authorized to have<the defects repaired at 'd the expense of DEVELOPER, and DEVELOPB&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 Occuoancv Uoon Comoletion. There
shall not be any permanent water service provided to any parcel of
4 6/25/91 REV.
1 land within the subdivision, nor shall occupancy of any permanent
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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
does not limit DEVELOPER from requesiing, or the DISTRICT from I " j providing, temporary!'water service: t,&he s&&vision to be used 'l --a (; ,( i I
I/
w during constructi& ‘. &her temporary wate&sq$-vice may be allowed z;* under the t(pyp5s,.and‘conditions agreed to between th&$ISTRICT and ,\..d -%k>-;J L i DEVELOPER. e ?., .-. *f
'&g x ".g y Bond or Gua.rantv. :'*.DEVELOPER shall furnish and .i, :
DISTRICT a perfonnance%guaranty in thc'pe 1 sum of :‘ I %
to insure faithft.& Gerformance by D&ELOPER of v ,:* ; all obligations under this contract. .Th&guaranty shall be in the I.; . /a .h -1 a, t
form of a Ftithftil Performance/rYa~~nty/Labor'.~d. Materials Bond. ,t (" 3 i h _ $~ . . ,g
issued by a.relia&l ; surety compady, .-i* ,,
_' as deteqmined, by DISTRICT, . 1
authorized &$bbusi&ss i '&
form of writtekb;aranty as is act <' 1 '
8. Nogi p s . ces
required or permitted und
II registered or certified mail, return receipt requested, postage
prepaid, addressed as follows:
To DEVELOPER Jack Reimer. Vice President Rrmifomia. Inc. One Park Plaza. Suite 1100 In&e. California 97714
28
II
To,DISTRICT Robert J. Greaney, General Manager Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008
9. Benefit and Burden. Thi.s Agreement shall inure to
5 6/25/91 REV. II
1
2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
16
19
20
21
22
23
24
25
26
27
26
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 'T+ right to hold legal title to all publib improvements necessary to .- "hy provide such service A % The DISTRI~~fi&d an a&&on for declaratory .A 2 , : 4" /.- relief in the No&^County Branch of thdktz %rior Court of the 3 ." .j + State of ounty of San Dieg,o.,~, ** . no. N20027,
to resolve The DIhTRICT and the C of Carlsbad "f :a % have settled. The p&&ties hereto agree that their
$ :I
ligations under this kdgreement are s % 5, cial declaration, ; ,j sett~fetient or other /1 y ,,; !5*, made in the above-described legaP~~ro"ce~ing on June 29, 1983.
affect the
provision or
the rest of the A
or unenforceable,
force and effect as
art 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.
6/25/91 REV.
1
2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
16
19
20
21
22
23
24
25
26
27
26
.-
I 12. Governins Law. This Agreement and any amendments
1 hereto shall be governed by, construed and enforced in accordance
' with the laws of the State of California.
13. Construction and Internretation. This Agreement
contains the entire understanding and agreement of the parties as
to the construction of .the compleke water systems for the
“- subdivision, and,:.,su@ersedas ?lly3prf;br ac&&ents, "* / 'y ,,A $9 statements, _ _-' discussions, represe'nta&ions andunderstanckn $ $ertainingtothese L 9 water syst *' 9, ;" s\ ‘. ,‘
1 The prevailing par&+ any action i: 2
at law or in includkg arbiaration, brought to force or -b '.:
preventdfh * reach of this Agreement, or any pro& -%- not limited to ani
; hereof, '1 * includin$y ction for /, l-s i&iktive of *y c* y 4 declaratory relief, shall be eiitf~f;?~td'~attorney's fees and costs
incurred
///
///
///
///
///
-t $ (h
includifhg~$hose
‘i* *
incu%& inany appeal.
///
///
///
///
///
///
///
///
7 6/25/91 REV.
.P ;,-, ,z . . 8. - . .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
.1 ’ ,..
15. Authority to Sisn. The individuals who sign this
Agreement on behalf of the undersigned corporation
certify that they have the authority and approval to do so on
behalf of such corporation .
Executed by Developer Executed by District This 20th day of September , 1991'. This 20th ' September day of , 1991 .
DEVELOPER:
Jack Reimer. Vice President
(sign here) (( 1 _. 1
Tim McGinnis, Senior Vice-&esident '.
(title of signatory)'
Board of Directors
\
. . i ! x '
:
APPROVED AS TO FORM: VINCENT F. BIONDO, JR. --me--- - ^--_- --- . . ___..._____^.
STATE OF CALIFORNIA c3wnge JSS.
COUNTY OF I O”Sf.7 P-f-z /tl t55-K- 24, ml , before me, the undersigned, a Notary Public in and for
q--gfC~ (2&l/22&L. and
personalty known to me (or proved to me on the
50 ‘;$ the corporation therein named, and acknowledged to me that cl& b2 05 suchcorporationexecuted thewithininstrumentpursuanttoits
I by-laws or a resolution of its board of directors.
WIThESS my hand and official seal.
&jld n ,%T ,- 3-G
27
28
OFFICIAL NOTARV SEN.
D. M. wxoM
@JntafyPublc-mcaytarn)p
CJRAUt3E COtJtUm
MyCanm.~ JUNWj168J
(This area for official notarial seal)
8 '6/25/91 REV.
pfq 1’ 5 ‘1 f’
:., _,
RESOLUTION NO. 767
RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT FOR APPROVAL OF WATER SYSTEM IMPROVEMENTS FOR ALDEA, CARLSBAD TRACT 90-14, CMWD PROJECT NO. 90-506, AVIARA PLANNING AREA NO. 16, AND ALDEA (MODELS) AND ACCEPTANCE OF ONSITE WATER IMPROVEMENT AGREEMENTS
WHEREAS, BRAMALEA CALIFORNIA, INC., a California
corporation, has submitted completed plans and two agreements for
onsite water system improvements for Aldea, Carlsbad Tract 90-10,
CMWD Project No. 90-506, Aviara Planning Area No. 16 and the Aldea
(Models): and
WHEREAS, it is recommended that the Board of Directors of
the Carlsbad Municipal Water District approve water system
improvements for Aldea, Carlsbad Tract 90-10, CMWD Project No. 90-
506, Aviara Planning Area No. 16, and the Aldea (Models), and
authorize the District Engineer to sign the improvement plans and
the President to sign the onsite water system improvements
agreements:
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 the water system improvements
for Aldea, Carlsbad Tract 90-10, CMWD Project No. 90-506, Aviara
///
///
///
///
///
I//
1
1 Planning Area No. 16 and the Aldea (Models) and acceptance and
2 authorization for the District Engineer to sign the improvement
3 plans and the President to sign the Water System Improvements
4 Agreements for onsite water system improvements is incorporated
5 herein by reference, is accepted.
6 PASSED, APPROVED AND ADOPTED at a meeting of the Board of
7 Directors held on the 7th day of January I 1992 by the
8 fOllOWing Vote, to wit:
9 AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
10
11
12
13
14
15
16
17
18
19
NOES: None
ABSENT: None
ATTEST:
2, Secretary ssistant Secretary
(SEAL)
Ii 20 CMWD 90-508
21
22
23
24
2