HomeMy WebLinkAbout1992-03-24; Municipal Water District; 155; Onsite Water System Improvement PlansAB# !c;Zii T'TLE: APPROVAL C ACCEPTANCE OF ONSITE MTG.3 %+-4% WATER SYSTEM IMPROVEMENT PLANS AND AGREE-
DEPT. ENG* MENT FOR WESTERN FINANCIAL PLAZA, M.S. 827 CMWD 89-C-313
RECOMMENDED ACTION:
CARLSBAD M- ‘KIPAL WATER DISTRICT - - GENDA
CITY MGRW
Adopt Resolution No. /for approval and acceptance of onsite water system improvement plans and agreement for Western Financial Plaza, Minor Subdivision 827, CMWD Project No. 89-C-313.
ITEM EXPLANATION:
Western Financial Savings Bank, developers of the Western Financial Plaza project, have submitted completed plans and agreement for onsite water system site improvements. A performance guarantee in the sum of $25,000 has been posted to guarantee the water system improvements. This project is located on the south side of Hosp Way east of El Camino Real.
It is recommended that the Board of Directors approve and accept the plans and agreement for onsite water system improvements for the Western Financial Plaza, Minor Subdivision 827, CMWD Project No. 89-C- 313, authorize the District Engineer to sign the improvement plans and the President to sign the Onsite Water System Improvements Agreement.
FISCAL IMPACT:
None.
EXHIBITS:
1. Location Map.
2. Onsite Water System Improvements Agreement for Western Financial Plaza, Minor Subdivision 827, CMWD Project No. 89-C-313.
3. Resolution No. 380 for approval and acceptance of plans and agreement for onsite water system improvements for the Western Financial Plaza, Minor Subdivision 827, CMWD Project No. 89-C- 313.
CMWD 89-C-313
,
iOCATlON MAI-‘
.
7220 Avenida Encinas Civil Engineering
Carlsbad, California 92009
1 WATER SYSTEM IMPROVEMENTS AGREEMENT
REGARDING
WESTERN FINANCIAL PLAZA
4 II MINOR SUBDIVISION 827
(Onsite Improvements)
I*
6 This Agreement is,entered into on Las- , wfk!? 1 .i ,.." *... _\
7 between CARLSBAD.MDNICIPAL:,WATER DISTRICT "ar/L. I,"$*,, -8' (hereinafter "DISTRICT")
8 and WESTERN FINANCIAL SAVINGS BANK, A CALIFORNIA CORPORATION (hereinafter
:
9
10
11 II MINOR SUBDIVISION 827, WESTERN FINANCIAL PLAZA
nDEVELOPERtl) with..respect to the following: i- 1 ": A. " DEVELOPER is about to present the map identified as
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
;
the "subdivisionI') to the City'of Carlsbad for final,~approval under ._ .+- *+
the Subdivision Map Act of the St&e of Ca'lifornia 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
within the boundaries:of the DISTRICT. h) ,: *.,.
B. O'DAY CONSULTANT$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 MINOR SUBDIVISION 827, WESTERN
FINANCIAL PLAZA
consisting of 'THREE (3) sheets, and are incorporated herein by
reference (ttplanslt). The plans and specifications for the water
1 6/25/91 REV.
1 improvements, which are the subject of this Agreement, are set
2 forth on all sheets of those plans ("improvementsl'). The DISTRICT
3 Board of Directors has approved the plans.
4 C. No present commitment is required of the DISTRICT as
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
to water service to the lots in the above described subdivision. "*" * iI ,." '.Y",,
NOW THEREFORE,% in consideration of the covenants,
’ 1 ‘.
/‘- conditions,and pro&s,& set 'forth'below,
1 ^
'\ .e* "*. "1.': and of the approval of the '.% ;.i plans by the DISTRICT, 'the undersigned agree as follows: $' i
l:.- Construction of ,ImDrovements. DEVELOPER agrees to
construct, or cause to bei' constructed, all of the water .t improvements set forth in th'e plans 'as described above within one _. _ : (1) year,from the date of tiis Agreement. The improvements shall fiij s/, .:
be constructed in a goodandworkmanlike manner under the direction / #
of and subject to the approval of the DISTRICT, which approval will : *
be exercised in good *faith a'nd*"will'~not be unreasonably withheld. * -1,
The improvements shall be conktructed in accordance with the plans
approved by 'the DISTR~~T,~~~'and in conformity with all other 5 ., ~*., ,, .*“
applicable standards for' pipeline',construction which have been
/ 2 *1' *( .'
adopted by the DISTRICT. DEVELOPER shall construct the j ; i yp#J\.- 1 ,.T;,c d I. improvements at its sole cost'and expense, and without any cost or
21 II expense to the DISTRICT.
22
23
24 incurred by the DISTRICT in connection with the work to be
2. Inspection Fees and Denosits. DEVELOPER agrees to
pay to the DISTRICT, on demand, the full amount of all costs
25 11 P er ormed under this Agreement including, but not limited to, f
26 engineering plan checking, construction inspection, right-of-way
27 expenses, materials furnished, and a reasonable amount for the
28 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 the DISTRICT's Ordinance 29. DEVELOPER shall remit to the DISTRICT
3 the fee of $ $1,000.00 I being the estimated amount of
4 the DISTRICT expenses, at the time this Agreement is executed.
3. Dedication and Accentance of Imnrovements. Upon ~ - "Sk _/
completion of the improvements in acc‘ordance with the plans, as ,Ij". . . (‘ c .' determined in good .‘faith"by*? the DISTRICT's Manager and the i , --__ “ DISTRICT's Engineer, \ DEVELOPER ,shall dedicate and the DISTRICT i shall accept, 'the improvements as the public property of the 9
10
11
12
13
14
,.15
16 for the complete water system-and necessary appurtenances thereto, _I
17 as set forth~ in this..&Agreement, shall have been completed as % ._,.-
DISTRICT. The DISTRICT shall be under no obligation to accept the i‘
improvements as public property of the DISTRICT until such time as .: _ r:
the following acts have occurred: '; '.. .' (a) All public"improvements proposed to be constructed *, :
in said subdivision, including but‘not limited to, streets, curbs, i. XI "' ;. drains, sewer; gas and utility lines and the improvements required
18 determined reasonably and in good faith by the DISTRICT's Engineer. * ;
19 own expense, provides to the
20 DISTRICT necessary to vest and
21 insure record title to the public, to DISTRICT and/or City, to all
22
23
24
25
26
2j
28
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
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 , r . * "". ei~e., _
to the improvements constructed under"this Agreement until such . . c' '-. time as all water'-systems 'public'improvements to be constructed f ",
under this Agreemen't between DEVELOPER and the DISTRICT have been '\ I IS 1 completed and dedication thereof has been accepted by the DISTRICT. i
5. ')' Guaranty of gwori and Materials. DEVELOPER
guarantees, for a period of one (1) year after the DISTRICT accepts
dedication thereof, that the improvements shall be free of any -9
defects in materials and<& workmanship. DEVELOPER shall repair or :L '; '\_ .' replace, without cost to the, DISTRICT,'any~defect in workmanship or /_ *. * i _I‘ ' ,- materials which occurs within that time. The DISTRICT shall notify
DEVELOPER in writing'!of any 'such defect. :DEVELOPER shall begin s
17 repairs within ten '(10) days after receipt of such notice, and (I ', XXI, a
18 shall proceed expeditiously to complete the repairs within that _' (i' ;
19
20
21
22
23
24
25
26
27
28
time, or the DISTRICT,-isauthorized to have the defects repaired at * : fi:"8 T>* ', :
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
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
/I 4 6/25/91 REV. 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
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 * 'h , ai: .'A :\. .>'
during construction., Other temporary water'service may be allowed 6 t under the terms and conditionsiagreed to between the DISTRICT and
DEVELOPER. "' : i
7. Bond or Guaranty. “DEVELOPER shall furnish and , ,'
deliver/to the DISTRICT a performance'guaranty in the penal sum of _i. :*
-
.>t ,':
to insure faithful performance by DEVELOPER of i ,_
all obligations under this'contract. The guaranty shall be in the <‘ i i .- *'
form of a Faithful Performance/Warranty/Labor and Materials Bond
issued by a reliable: surety :company, as determined by DISTRICT,
authorized to do business in the State of California, or such ofher
.' -,, .
form of written guaranty as is acceptable to the DISTRICT. ; '
P‘ 8. Noeices. .k All notices >or other communications * t p,:r4. * -. :'/ 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 JOANIE 'IORRES WESTERN FINANCIAL SAVINGS BANE
10140 CAMPUS POINT DRIVE 9
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 the benefit of, and the obligations created hereby shall be binding
2 upon the heirs, successors and assigns of the parties hereto. The
3 DISTRICT acknowledges that there did exist a dispute between it and
4 the City of Carlsbad as to which entity has the right to provide
5
6
7
a
9
10
11
12
13
14
15
16
17
la
19
20
21
22
23
24
25
26
27
28
retail water service to this subdivision, among others, and the .x r I.^- right to hold legal title to all public improvements necessary to .-. i j.. I' -. provide such service. 4 'The‘DISTRICT"'filed an action for declaratory "\ a.., I
relief in the North County Branch of the Superior Court of the /
State of California for the County of San Diego, case no. N20027,
a’ to resolve that dispute. The DISTRICT and the City of Carlsbad
have settled this lawsuit. /The parties hereto agree that their - .., i,.
rights .'and obligations under this Agreement are subject to the ,*
judgment, judicial declaration, settlement or other determination
:’ i’ made in the above-described legal proceeding on June 29, 1983. (‘" i P , i "'. 10: Severabilitv of Provisions. The invalidity or
illegality of any provisions of this,Agreement shall not affect the i
validity or enforcement of the remainder of this Agreement. If any ;* ‘y..'.
provision or term hereof i&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
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
II
12. Governins 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 Interpretation. This Agreement
contains the entire understanding and agreement of the parties as . (_ . '-3 #
to the construction of, the complete water systems for the ~.. ._ * . )
subdivision, and"'suiersedes --all"‘prior agreements, statements, ., ‘. * 5. .* It d'
discussions, representations and understandings pertainingtothese $ .
water systems. .t : / "I ' "
14 .< t’; 1 Attorney's Fees. The,,prevailing party in any action
at law or in equity, including arbitration, brought to enforce or 'I ; :
prevent,' the breach of this Agreement, or any provision hereof, ,;- ,I ': I' 'i including“ but not limited, to any- action for injunctive of " a\
declaratory relief, shall be entitled'to attorney's,fees and costs a" ‘A JL _' incurred in such action, including those incurred in any appeal.
/I/
“.
I// .’
I
/I/
/I/
/I/
///
///
/I/
I//
I//
///
h! P *. ,
;* ; , ‘1 “, r’ i ,
7 6/25/91 REV.
NO2
tate of
ounty of I”‘; ! i t-\( i C
-1. On \i‘\i\ \?, , ‘Y’;c\.3 before me, Khr-!v~& (? o\&,-j \\-rl&i? AC-,
DATE NAME, TITLE 0 OFFldER - E.G., ‘JANE D&E. NOTARY i&lBLIC
‘. personally appeared?LYj> \c- 1 ti i. k\ t%? , \/q-ymq.t y))I<.&c:,q$ \&p -.
NAME(S) OF SIGNER(S)
iJ personally known to me - OR - 0 preved-torne-on..thebasisofsatisfactoryevidence- ,’ to be the person(s) whose name(s),ls$are
subscribed to the within instrument and ac-
knowledged to me that-he/she/they executed
J the same in k&her/their authorized
capacity(ies), and that by -hi&her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
\ SIGNATUAE OF NOtARY
CAPACITY CLAIMED BY SIGNEF
0 INDIVIDUAL(S)
a CORPORATE 5 ti k ‘3
OFFICER(S) ( ,i).p
TITLE(S) q PARTNER(S)
f--J ATTORNEY-IN-FACT
0 TRUSTEE(S)
0 SUBSCRIBING WITNESS
q GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(lES)
.C” 7. An hY,,c~, c-i l
cc-- . . --, \)7(‘C Aid
2
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document 10,1-1< 5% I~&I~c,‘&~%~YI ~3.7~ \?-\‘; fiQce~~2c c?i
Number of Pages - 8’ - Date of Document \nr& c\c\h.?\-\
Signer(s) Other Than Named Above \‘)\17 OK ‘JY?(‘~R’:*, -(ii: L’.. b I &I t;\‘:,
0 1991 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave. * P.O. Box 7164 * Cancga Park, CA 91304-7
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LIIIL\L\.LcIL ““n,YcJ I ,.I ntor.lx, m (title of signatory): \,
., " _ APPROVED AS TO ‘FORM: .f :,
RONALD R. BALL ‘h: -I :
ACTING GENERAL cOUiSEL j
.* ‘3 ,I’ i BY: DEPUTY GENERAL COUNSEL “’ -’ ,.b .‘%. _.‘ , a ‘-a I,j ” ..’ .i 2 , .’ ,, ,q ,d c> - .*” ,‘.
d”,, f ; ; ji i ” * L :‘~**’ >, ; (j ,L
CMWD 89-C-313
a 6/25/91 REV.
. . , .
.
v
#.I
/
1
2
3 f
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 Sign. 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 /5& day of Executed by District This z?.a&&&U , 19s. ; This Q-W& day of b?+-u.Lccc , 19 PA. ', 5‘. ,t '*..
DEVELOPER: %., DISTRICT: WESTERN FINANCIAL, SJ!&E;;(;s"' BAM( ia _ A-2 e- -e-S1
CALIF'XNIA CORPORATION -"* A" (nam 7 of developer)
By: .-;;'rk-% NL -/:;* B I
c- (sign here) '. Board of Directors
'x )* JAMES R. DCWLAN'EXE~TVE "&IDE& of signatory)
4o&- .J
(sign here) :.& 89 ;,* HARRIET BURNS F’FJJJTR. my (title of signatory)., _.. ?; APPROVED AS TO FORM: ' ,' >
RONALD R. BALL _i;, : ACT1 G ENERAL‘COUNSEL
BY: EL & /?&
DEPUTY GENERAL COUNSEL '., ~' . j g 34~432’* ",P "- r I.
I 9': i ..__I. I* I. i ,i i" . -* L:; *.i J' b. [/ ,j i c 7: ,t * ai. b
CMWD 89-C-313
z
1
6/25/91 REV.
*
3
i
I
4
1 .
t
5
f
s
1C
13
12
1:
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 780
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 WESTERN FINANCIAL PLAZA, MINOR SUBDIVISION 827, CMWD PROJECT NO. 89-C-313
WHEREAS, WESTERN FINANCIAL SAVINGS BANK, a California
Corporation, have submitted completed plans and agreement for water
system onsite improvements for the Western Financial Plaza, Minor
Subdivision 827, CMWD Project No. 89-C-313; 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 Western
Financial Plaza, Minor Subdivision 827, CMWD Project No. 89-C-313,
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 Western
Financial Plaza, Minor Subdivision 827, CMWD Project No. 89-C-313,
and authorization for the District Engineer to sign the improvement
I//
I//
I//
I//
I//
/I/
1
2
3
4
5
6
7
8
9
10
11
12
12
14
15
16
17
1e
19
20
21
22
23
24
25
26
27
2E 5 II
-
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 24th day of March ,
1992 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
ATTEST:
o& THA L. Rk
(SEAL)
CMWD 89-C-313
2