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Home My WebLink About1997-06-24; Municipal Water District; 370; Reimbursement - Seapointe Resort, WQ zi 8 % . . p 2 P % iii CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL AB# 330 MTG. 6/24/97 DEPT. CMWD TITLE: ACCEPTANCEANDAPPROVAL OF REIMBURSEMENT AGREEMENT FOR THE OFFSITE WATER SYSTEM FOR CARLSBAD SEAPOINTE RESORT CMWD PROJECT NO. 94-202 CITY MGR. w RECOMMENDED ACTION: Adopt Resolution No. 938 , for acceptance and approval of Reimbursement Agreement for the Offsite Water System for Carlsbad Seapointe Resort, CMWD Project No. 94-202. ITEM EXPLANATION: On October 18, 1994, Carlsbad Seapointe Resort Limited Partnership & Continental Commercial Corporation, developers of the subject project, presented a map identified as “Carlsbad Tract 93- 10, Carlsbad Seapointe Resort,” (the subdivision), to the City of Carlsbad for final approval under the Subdivision Map Act of the State of California and represented that the Developer was in compliance with the provision of the City of Carlsbad’s ordinances applicable to the filing and approval of subdivision maps. The City of Carlsbad granted approval of the Tentative Tract Map by adoption of Resolution No. 94-299. The property encompassed by the subdivision lies within the boundaries of the District. To develop this subdivision requires the construction of a master planned offsite IO” diameter water pipeline. This pipeline is listed in the Districts Capital Improvement Program. Therefore, the Developer has requested a reimbursement agreement for the construction cost. District Ordinance No. 26 sets forth the conditions for extension of District pipelines and facilities by developers and also sets forth the method and conditions whereby the District is to reimburse the developer. In accordance with District Ordinance No. 26, Water System Reimbursement Agreements, the District staff has reviewed the facility contained in the request and recommends that a reimbursement agreement be accepted and approved. The reimbursement agreement prepared for this pipeline calls for the District to reimburse the Developer one hundred percent (100%) for the IO-inch offsite water pipeline, as set forth in Exhibit “A”, and payment to the Developer the total cost amount of $65,085.00 in fiscal year 1999-2000 or sooner if funds become available after acceptance of the public water system by the District. The Developer has submitted to the District all financial documents to establish the total cash value of the facility. The District has made the final determination as to the actual value for the cash payment to be made. The staff recommends that the Board of Directors accept and approve the reimbursement agreement, authorize the President to execute the reimbursement agreement for the water system for Carlsbad Seapointe Resort, and direct the Secretary to record the document. FISCAL IMPACT: The reimbursement of the estimated total cost amount of $65085.00 for the ten (IO”) inch potable water pipeline will be obtained from the Major Facilities Fees fund for capital improvement projects. Page 2 of Agenda Bill i. +? 30 EXHIBITS: 1. Location Map. 2. Exhibit “A”. 3. Reimbursement Agreement. 4. Resolution No. 938 for acceptance and approval of Reimbursement Agreement for the water system for Carlsbad Seapointe Resort, CMWD Project No. 94-202. CMWD 94-202 PROJECT NAME: PROJECT NO EXHIBIT NO. SEAPOINTE / CARLSBAD ;;y;z 1 2 I I : I I i -8 I I I I ii . I I I I I I I Ai I I I - , 3 RECORDING REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 Please record the document at no fee as it is to the benefti of the District (Gov. Code [61031) Space above this line for Recorder’s Use REIMBURSEMENT AGREEMENT REGARDING CARLSBAD TRACT 93-10 - CMWD 94-202 CARLSBAD SEAPOINTE RESORT WATER SYSTEM This agreement is entered into on &ven/lbt- r ds , 1996, between CARLSBAD MUNICIPAL WATER DISTRICT (hereinafter “DISTRICT”) and CARLSBAD SEAPOINTE RESORT L.P.. a California limited partnership, as owner, CONTINENTAL COMMERCIAL CORPORATION, a California corr>oration. as sole general partner, (hereinafter “DEVELOPER”), with respect to the following facts: A. DEVELOPER is constructing “Carlsbad Tract 93-10, Carlsbad Seapointe Resort” (the “subdivision”). B. DEVELOPER constructed a IO-inch diameter offsite water pipeline in Carlsbad Boulevard in compliance with terms and conditions of approval of Carlsbad Tract 93-10. C. DEVELOPER has requested, and the DISTRICT has agreed to the preparation and execution of this agreement fir reimbursement of certain amounts for the cost of constructing the lo-inch diameter offsite water pipeline pursuant to the Subdivision Map Act and DISTRICT Ordinance No. 26. These facilities have been determined by the DISTRICT to be eligible for reimbursement and are a part of the adopted Capital Improvement Program for water systems. NOW, THEREFORE, in consideration of the mutual obligations set forth below and the construction by DEVELOPER of the water system improvements described above, the parties agree as follows: 1. DISTRICT will reimburse DEVELOPER one hundred percent (100%) of the construction cost for the lo-inch diameter offsite water pipeline in Carlsbad Boulevard, as shown on sheet 4,6 81 7 of 14 of the approved plans as set forth in Exhibit “A” attached hereto and made a part hereof. DISTRICT will reimburse DEVELOPER the Rev. 1 O/31/96 total cost of construction of the offsite lo-inch diameter water pipeline in fiscal year 1999-2000 or sooner if funds become available upon acceptance of the public water system by the DISTRICT. The total amount of reimbursement is $65,085.00. A lump sum payment will be made by the District for the total amount in the year funds become available. 2. For the purpose of establishing the actual cost for all of the public water system facilities that are eligible for reimbursement under the related agreements, the DEVELOPER submitted to DISTRICT all financial records, records of bidding, estimates and payment receipts to establish the total actual cost value of the facilities. The DISTRICT has reviewed all such records and made a final determination as to the actual values of the related work which is $65085.00. 3. Developer shall cause all drawings and specifications to conform to all applicable requirements of the law; federal, state and local. Developer shall provide all necessary supporting documents to be filed with any agencies whose approval is necessary for the water system improvements and provide the District with a copy of such documents. In the event this agreement is terminated, all plans, studies, sketches, drawings, reports and specifications as herein required shall be considered the property of the District. 4. Neither the City of Carlsbad nor the Carlsbad Municipal Water District shall be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for the personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omissions of Developer or Developer’s agents, employees, representatives or subcontractors. Develop&grees to defend, indemnify, and hold free and harmless the City of Carlsbad and the Carlsbad Municipal Water District and its officers and employees, from any of the foregoing claims, liabilities, penalties or fines, including liabilities or claims by reason of alleged defects in any plans and specifications, and any cost, expense or attorney fees, which are incurred by the City or District on account of the foregoing. 5. These Agreements shall inure to the beneA of, and the obligations created hereby shall be binding upon, the successors and assigns of the parties hereto. 6. The invalidity or illegality of any provision of these Agreements shall not be deemed to affect the validity or legality of any other provision of these Agreements. 7. These Agreements and any amendments hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. Rev. 10/31/96 - 8. The Agreements set forth are the entire agreement and understanding of the parties with respect to the transactions contemplated hereby, and supersede all prior agreements, arrangements, and understandings relating to the subject matter hereof. 9. These Agreements may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by the parties hereto or in the case of a waiver, by the party waiving compliance. 10. If any action at law or in equity is necessary to enforce or interpret the terms of these Agreements, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any relief to which he may be entitled. 11. All notices or other communications required or permitted under these Agreements shall be sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To DEVELOPER Timothy J. Stripe Continental Commercial Corporation 5050 Avenida Encinas, Sujte 200 Carlsbad, California 92008 To DISTRICT Robert J. Greaney, General Manager Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 Ill Ill Ill Iii /II Ill Ill Ill Ill Ill Ill Ill Ill Rev. 10/31/96 - The individuals who sign this Agreement on behalf of the undersigned corporation and municipal water district warrant that they have the authority and approval to do so on behalf of such corporation and municipal water district. Executed by the BENEFICIARY this JH of h)aWm~ day ,19x. DEVELOPER: DISTRICT: CARLSBAD SEAPOINTE RESORT L.P., a California limited partnership, as owner, CONTINENTAL COMMERCIAL CORPORATION, a California corporation, as sole general partner, (name of developgr) By: @7ilwtkTYscJ 6W . (yjrint name/tiite) 4 -- Executed by the DISTRICT this day 3rd of JULY ) 19%. Board of Directors ATTEST: By: Dd #A,~ (authorized signature) AZETHA L. RAUTENKRANZ, Secretary \ T)jq\l,J-J 2 f&y)&) c,-&& Ah (print name/title) - ’ ;-I SEAL (Notarial acknowledgement of execution of DEVELOPER must be attached.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE COROPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SINGING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. Approved as to form: RONALD R. BALL, General Counsel By: CMWD 94-202 Rev. 1 O/31 I96 a -c i m ;&1 ¶ * I ‘L.... ‘s I I 1 ? I”li I I I It I I I I STATE OF CALIFORNIA * COUNTYOF &Vr Dre=x~ 1 ss. I On&nuam 6 ,H ‘j? before me, D&E - ~$LLar.g ff %S , R)o.rfiru NAMtii%ND TITLEbF OFFICERJ f& b/ I’&#, personally appeared ?-p-,w7hyd-~ Sb-;pe cwd ikv,‘d 3. &-ii~,q 4 V NAME(S) OF SIGNER(S) 5% personally known to me - OR - 0 t to be the per-so 10 (s) whose nam isI@ subscribed to the within instrument and acknowledged to me that he/sh@ executed the same in his/her@ authorized capacita res and that by his/her on the instrument the person(s), or th behalf of which the pers cted, executed the instrument. WITNESS my hand and official seal. SIGfiATURE OF NOTARYU 4 (This area for official notary seal.) Title or Type of Document Date of Document / //Js/ 9 6 No. of Pages 6 Signer(s) otherthan named above /?ma.ld /f. b&J/. &wde-~~ L.ew~ , hffiec~ i . (a irznkra u _ CMWD 94-202 06114195 Rev. CORPORATE RESOLUTION OF GRAND PACIFIC RESORTS, INC. AS GENERAL PARTNER OF CARLSBAD SEAPOINTE RESORT L.P. I, David S. Brown, Secretary of Grand Pacific Resorts, Inc., a California corporation formerly known as Continental Commercial Corporation (“Corporation”), as General Partner of Carlsbad Seapointe Resort L.P., do hereby certify that I am a duly elected, qualified and acting officer of the Corporation and, as such, I am familiar with the books, minutes and records of the Corporation; that no provision of the Articles of Incorporation or By-laws of the Corporation requires that any action or signature of the Corporation be attested by a corporate officer; that there is no provision in the Articles of Incorporation of By-laws of the Corporation limiting the power of the Board of Directors to adopt the hereinafter stated resolutions; that the following is a true and correct copy of resolutions duly adopted by the Board of Directors of the Corporation on January 23, 1997, either at a duly held meeting of the board of Directors or by unanimous written consent of all members of the Board of Directors of the Corporation and that such resolutions have not been modified, rescinded or revoked and are now in full force and effect; WHEREAS, this Corporation acting as General Partner of Carlsbad Seapointe Resort L.P. is authorized to execute and enter into a Water Reimbursement Agreement dated November 25,1996 between the City of Carlsbad and Grand Pacific Resorts, Inc. I certify the above resolution was duly adopted by this Corporation and has not been amended or revoked. CARLSBAD SEAPOINTE RESORT L.P. a California limited partnership By: Grand Pacific Resorts, Inc., a California corporation, General Partner By: David S. Brown, Secretary And By: frnrctt b 944bJC RESOLUTION NO. 978 I A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD, CALIFORNIA, FOR ACCEPTANCE AND APPROVAL OF REIMBURSEMENT AGREEMENT FOR THE OFFSITE WATER SYSTEM FOR CARLSBAD SEAPOINTE RESORT, CMWD PROJECT NO. 94-202 6 WHEREAS, The Board of Directors of the Carlsbad Municipal Water 7 District of Carlsbad, California has determined it necessary and in the public interest to a accept and approve execution of a Reimbursement Agreement for the water system 9 for Carlsbad Seapointe Resort in accordance with a request of Carlsbad Seapointe 10 11 Resort L.P., a California limited partnership, as owner, and Continental Commercial 12 Corporation, a California corporation, as sole general partner, developers of Carlsbad 13 Seapointe Resort, which provide for reimbursement of construction of specific reaches 14 of the offsite water system in accordance with District Ordinance No. 26 for the cost of 15 constructing the water system improvements described in Recital “C”, more particularly 16 described within the Reimbursement Agreement regarding Carlsbad Tract 93-10 17 Carlsbad Seapointe Resort Water System; and 18 19 WHEREAS, plans and specifications for the construction of the water 20 system improvements in Carlsbad Seapointe Resort have been prepared by the 21 Carlsbad Municipal Water District engineering staff and the following water facilities 22 have been determined by the staff to be eligible for reimbursement as follows: District 23 will reimburse Developer one hundred percent (100%) for the ten (10” ) inch potable 24 water pipeline with a reimbursement of the total cost amount of which will occur in 25 26 fiscal year 1999-2000 or sooner if funds become available after acceptance of the 27 public water system by the Distrjct; and 20 WHEREAS, the reimbursement of the total cost amount of $65085.00 for - the ten (IO”) inch potable water pipeline will be obtained from the Major Facilities Fees fund for Capital Improvement Projects. . NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Carlsbad Municipal Water District of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That ten (IO”) inch potable water pipeline was constructed for the amount of $65085.00 and the plans for the ten (IO”) inch potable water pipeline are on file with the Carlsbad Municipal Water District are incorporated herein by reference and are accepted. 3. That the funds in the amount of $65,085.00 for the ten (IO”) inch potable water pipeline will be obtained from the Major Facilities Fees fund for Capital Improvement Projects. l/l Ill Ill III Ill Ill Ill Ill Ill Ill Ill Ill I I 1 ATTEST: , ! l( 11 1; 1: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 kdi ALETHA L. Secretary (SEAL) CMWD 94-202 .- . . ,- . . 1 4. That the President be authorized to execute and the Secretary be 2 directed to record the Reimbursement Agreement regarding Carlsbad Tract 93-10 3 Carlsbad Seapointe Resort Water System. 4 PASSED, APPROVED AND ADOPTED at a special meeting of the 5 Carlsbad Municipal Water District held on the 24th 6 day of June , 1997, by 7 the following vote to wit: 8 AYES: Board Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None