HomeMy WebLinkAbout1992-01-28; Municipal Water District; 147; Onsite Water System Improvement PlansCARLSBAD N.-.4lCIPAL WATER DISTRICT _ T,GENDA BILL
AB#= TITLE: APPROVAL & ACCEPTANCE OF ONSITE
MTG. j-d.8 -?L WATER SYSTEM IMPROVEMENT PLANS AND AGREE-
DEPT. MENT FOR PRICE CLUB, CARLSBAD, MINOR m. SUBDIVISION 837, CMWD PROJECT NO. 87-201 CITYMGR.
RECOMMENDED ACTION:
Adopt Resolution No. Y-VT for approval and acceptance of onsite water system improvement plans and agreement for Price Club, Carlsbad, Minor Subdivision 837.
ITEM EXPLANATION:
The Price Company, developers of the Price Club, Carlsbad, Minor Subdivision 837, project have submitted completed plans and agreement for onsite water system site improvements. A performance guarantee in the sum of $178,500 has been posted to guarantee the improvements. This project is located at the southeast corner of Palomar Airport Road and Paseo De1 No&e.
It is recommended that the Board of Directors approve and accept the plans and agreement for onsite water system improvements for the Price Club, Carlsbad, Minor Subdivision 837, CMWD Project No. 87-201, 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 Price Club, Carlsbad, Minor Subdivision 837, CMWD Project No. 87-201.
3. Resolution No. 93"y approval and acceptance of plans and agreement for onsite water system improvements for the Price Club, Carlsbad, Minor Subdivision 837, CMWD Project No. 87-201.
CMWD 87-201
LOCATION MAP 2
city of btsbad
,
PRICE CLUB a#D 87-201 ___ ‘I ., _ . .A'
.
1
2
3
I 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
REGARDING
PRICE CLUB, CARLSBAD,
(Onsite Improvements)
This Agreement is entered into on J-7 ., 199* -I
between CARLSBAD MUNICIPAL WATER DISTRICT (hereinafter tlDISTRICT1l)
and THl2 PRICE CcMpAwy, a California Corporation, (hereinafter
I'DEVELOPER") with respect to the following:
A. DEVELOPER is about to present the map identified as k PRICE CLUB, CARLSBAD, MINOR SUBDIVISION 837,
the l'subdivision'l) to the City of Carlsbad for final approval under
the Subdivision I&%-p Act of the State of California and represents
that DEVELOPER is in compliance wiih the provisions of the City of "
Carlsbad's ordinances applicable to the filing and approval of
. subdivision map& *The pz?bperty '-me,+ by the subdivision lies
2 within the boundaries of the DISTRICT.
B. WESTERN PACIFIC ENGINEERING OF COSTA MESA, 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
PRICE CLUB, CARLBAD, MINOR SUBDIVISION 837,
consisting of 25 sheets, and are incorporated herein by
reference ("plansl'). The plans and specifications for the water
1 h/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 ("improvements"). 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 consideration of the covenants,
conditions,and promises set forth below, and of the approval of the
plans by the DISTRICT, the undersigned agree ices follows:
1. Construction of Imgrovements. DEVELOPER agrees to
construct, or cause to be constructed, all of the water
improvements set forth in the plans as described above within one
(1) year from the date of this Agreement. The improvements shall
be constructed in a good and workmanlike manner under the direction
of and subject to the approval of the DISTRICT, which approval will
be exercised in good faith and will not be unreasonably withheld.
The improvements shall be constructed in accordance with the plans
approved by the DISTRICT a~@ in conformity with all other
applicable standards for piprlkZ& ruction. which have been
adopted by the DISTRICT. DEVELOPER shall construct the
improvements at its sole cost and expense, and without any cost or
expense to the DISTRICT.
2. Inspection Fees and Denosits. 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
/I 2 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
project. The fees and costs shall be charged in accordance with
the DISTRICT's Ordinance 29. DEVELOPER shall remit to the DISTRICT
the fee of $ 5,369.OO I being the estimated amount of
the DISTRICT expenses, at the time this Agreement is executed.
3. Dedication and Accentance of Imnrovements. Upon
completion of the improvements in accordance with the plans, as
determined in gcod faith by the DfSTRICT's Manager and the
DISTRICT's Enginssr, DEVELOPER shall dedicate and the DISTRICT
shall accept, the improvements as the public praperty of the
DISTRICT. The DISTRICT shall be under no obligation to accept the
improvements as public property of the DISTRICT until such time as
the following acts have occurred:
(a) All public improvements proposed to be constructed
in said subdivision, including bspt, not limited to, streets, curbs,
drains, sewer, gao aR4 utility rfntbee and the improvements required
for the complete IIR!&HZ system a#%¶ ndcessary appurtenances thereto,
as set forth in a&s Agre , &all have been completed as
determined reasonably a 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
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
0
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 water systems public improvements to be constructed
under this Agreement between DEVELOPER and the DISTRICT have been
completed and dedication thereof has been accepted by the DISTRICT.
5. Guaranty of Work and Materia;LQ. DEVELOPER
guarantees, for a period of one (1) year after the DISTRICT accepts
dedication thereof, that the improvements shall be free of any
defects in materials and/or workmanship. DEVELOPER shall repair or
replace, without cost to the DISTRICT, any defect in workmanship or
materials which occurs within th& t=ime. The DISTRICT shall notify
DEVELOPER in writing of any eJuck befect. DEVELOPER shall begin
repairs within ten (X0) daya after receipt of such notice, and
shall proceed expediti&Zy “kg!' the repairs within that . . '. _) L1 time, or the DISTRICT is authoriz‘d to have the defects repaired at
the expense of DEVELOPER, and DBVELCPBR 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 Occunancv Unon Comnletion. 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
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
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
DEVELOPER.
7 . "I Bond or Gua*antv. DEVELOPER shall furnish and
deliver eo the DISTRICT a performance guaranty in the penal sum of
$178,5ti.&I to insure faithful performance by DBVELCPER of
all obligations under this contract. The guaranty shall be in the
form of a Faithfa1 Ferformancre,&&?zranty/Labor and Materials Bond P- issued by a reliabzer surety I as determined by DISTRICT,
authorized to do business in tik#&&e of California, or such other .‘ . .g. 1. form of written guaranty usr$,i, to the DISTRICT. / 1 __ ,. ‘,. No&c&. ..%<&& ._.
a. -;;-;; **-, z ‘". 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 DEVELOPER Jeff Attis
The Price Cormanv P.O. E?ox 85466 San Dieao. Califo& 93186-5466
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.
. .
c
1
2
3
4
a
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 title to all public improvements necessary to
provide such service. The DISTRICT 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 t&t dispute. The DISTRICT and the City of Carlsbad
have settled this lawsuit. The parties hereto agree that their
rights and obligations under this Agreement are subject to the
judgment, judicial declaration, settlement or other determination
made in the above-described legal proceeding on June 29, 1983.
10. rabilitv of Provisiona. The invalidity or
illegality of any @?ovisions of third Agreement shall not affect the
validity or enforcenant of the r-&tier of this Agreement. If any
provision or te3zm here& is ‘to liii4 gnvalib or unenforceable,
the rest of the Agreenent 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
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.
.
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
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 complete water systems for the
subdivision, and supersedes all prior agreements, statements,
discussions, representations and understandings pertainingtothese
water syst-.
14. bttornev's Feeg. 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 of
declaratory relief, shall be entitled to attorney's fees and costs
incurred in such action, includiksg those incurred in any appeal. , ///
///
:
///
///
.6
///
///
///
///
///
///
/I/
///
///
7 6/25/91 REV.
I ‘L, >
_ ; I.
;
. .
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
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 This day of
I 19--•
DEVELOPER: THE PRICE aPANY, a
Executed by District
Board of Directors
dent and Assistant Secretary
Keith ThomDson. Vice President (title of signatory)
APPROVED AS TO lsQBWr r VINCENT F. BIONDO, 3R. GENE-OUNSI%
BY: DEPUTY GENERAL COUNSert
//tg/+r *
CMWD 87-201
6/25/91 REV.
. .
STATE OF CALIFORNIA }
1 COUNTY OF SAN DIEGO }
On January 3, 1992, before me, Karen L. Tweed, Notary Public, personally
appeared JACKLYN HORTON and KEITH THOMPSON, proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the persons or the entity
upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
-
m 2
i
I
4
F .
c
:
I
s
1C
11
12
1:
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 774
RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT FOR APPROVAL OF PLANS AND AGREEMENT FOR ONSITE WATER SYSTEMS IMPROVEMENTS FOR THE PRICE CLUB, CARLSBAD, MINOR SUBDIVISION 837, CMWD PROJECT 87-201
WHEREAS, THE PRICE COMPANY, a California Corporation,
have submitted completed plans and agreement for water system
onsite improvements for the Price Club, Carlsbad, Minor Subdivision
837, CMWD Project No. 87-201; and
WHEREAS, it is recommended that the Board of Directors of
the Carlsbad Municipal Water District approve and accept the plans
and agreement for onsite water system improvements for the Price
Club, Carlsbad, Minor Subdivision 837, CMWD Project No. 87-201 and
authorize the District Engineer to sign the improvement plans and
the President to sign the 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 and acceptance of the plans and
agreement for onsite water system improvements for the Price Club,
Carlsbad, Minor Subdivision 837, CMWD Project No.
authorization for the District Engineer to sign the
///
///
///
/I/
///
/I/
1
87-201 and
improvement
I ’
1 plans and the President to sign the agreement for onsite
2 improvements is incorporated herein by reference, is accepted.
3 PASSED, APPROVED AND ADOPTED at a meeting of the Carlsbad
. 4 Municipal Water District held on the 28th day of January ,
5 1992 by the following vote, to wit:
6 AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard
7 NOES: None
8 ABSENT: None
9
10 ATTEST:
I.1 ALETHA L. RAUTENKRANZ, Secretary 12 (SEAL) 13
14
15
16
17 CMWD 87-201 II 18 II 19 I
20
21
22
23
24
25
26
27
/I 28