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HomeMy WebLinkAbout1997-10-07; Municipal Water District; 390; ACCEPTANCE AND APPROVAL OF REIMBURSEMENT AGREEMENT FOR THE OVERSIZING OF RECLAIMED WATER PIPELINE FOR COBBLESTONE SEA VILLAGE (CT 84-32A/CMWD PROJECT NO. 82-302)b .. $ Fz 2 2 a 8 DEPT. AB# 370 TITLE; MTG. 10/07/97 THE OVERSIZING OF RECLAIMED WATER CITY I C,TY, DEPT. CMWD P CARLSB 8 MUNICIPAL WATER DISTR iT - AGENDA BI ACCEPTANCE AND APPROVAL OF REIMBURSEMENT AGREEMENT FOR PIPELINE FOR COBBLESTONE SEA VILLAGE, TRACT 84-32(A), CMWD PROJECT NO. 82-302 RECOMMENDED ACTION: Adopt Resolution No. 9s 8 , for acceptance and approval of Reimbursement the Oversizing of Reclaimed Water Pipeline for Cobblestone Sea Village, - CMWD Project No. 82-302. ITEM EXPLANATION: On April 8, 1997, Greystone Homes, Inc., developers of the subject project, prc identified as “Carlsbad Tract 84-32(A), Cobblestone Sea Village,” (the subdivisic of Carlsbad for final approval under the Subdivision Map Act of the State of represented that the Developer was in compliance with the provision of the Cit! ordinances applicable to the filing and approval of subdivision maps. The Ci granted approval of the Tract Map by adoption of Resolution 97-428. encompassed by the subdivision lies within the boundaries of the District. To develop this subdivision requires the relocation of an existing twelve (12”) reclaimed water pipeline into proposed streets. This pipeline was constructeG water pipeline but was converted to a reclaimed water pipeline when the Phas Water System was developed in 1993. Based on a recent review of demands water in a master plan update, this pipeline is required to be eighteen (1 8”) inche The District, therefore, is requesting the Developer to oversize the pipeline fro1 inches to eighteen (18”) inches in diameter. District will pay for oversizing costs. The Developer is willing to oversize the pipeline and has requested a reimbursem for the increase in construction cost. The District staff has reviewed the facility cc request and recommends that a reimbursement agreement be accepted and a reimbursement agreement prepared for this pipeline calls for the District to Developer one hundred (1 00%) percent for the oversizing of the relocated pipelinl diameter to 18 inch diameter, as set forth in the reimbursement agreement, and r Developer the total cost amount of $279,539 upon completion of the construction. The Developer has submitted to the District all financial documents to establish value of the facility. The District has made the final determination as to the actu; cash payment to be made. The staff recommends that the Board of Direct0 approve the reimbursement agreement, authorize the President to execute the r agreement for the oversizing of the reclaimed water pipeline for Cobblestone St direct the Secretary to record the document. ENVIRONMENTAL IMPACT: This pipeline will be in public streets and was included in the environmental approved June 4, 1984, and the mitigated negative declaration approved Augu! Tract 84-32(A). $II 0 PAGE 2 OF AGENDA L NO. 39O FISCAL IMPACT: The reimbursement of the estimated total cost amount of $279,539.00 for the inch reclaimed water pipeline will be obtained from the Major Facilities Fees improvement projects. The cost for the pipeline oversizing qualifies for inc existing agreement with MWD for their rebate program. Staff will enter the co: into the annual expense for reclaimed water capital cost. EXHIBITS: 1. Location Map. 2. Reimbursement Agreement. 3. Resolution No. 9 9 8 for acceptance and approval of Reimbursem for the Oversizing of Reclaimed Water Pipeline for Cobblestone Sea Vi1 32(A), CMWD Project No. 82-302. PROJECT NAME: Project No. COBBLESTONE SEA VILLAGE 82-302 Ex1 1 2 3 41 5 6 7 8 0 0 RESOLUTION NO. 998 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD, CALIFORNIA, FOR ACCEPTANCE AND APPROVAL OF REIMBURSEMENT AGREEMENT FOR THE OVERSIZING OF RECLAIMED WATER PIPELINE FOR COBBLESTONE SEA VILLAGE, TRACT 84-32(A). CMWD PROJECT NO. 82-302 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District ( California has determined it necessary and in the public interest to accept ai 9 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~ 27 28 execution of a Reimbursement Agreement for the oversizing of the reclaimed water Cobblestone Sea Village, Tract 84-32(a), CMWD Project No. 82-302, in accord; request of Greystone Homes, Inc., a Delaware Corporation, developers c Cobblestone Sea Village, which provide for reimbursement of construction of over! reclaimed water pipeline, more particularly described within the Reimbursement regarding Carlsbad Tract 84-32(A), Cobblestone Sea Village; and WHEREAS, plans and specifications for the construction of the reclaimed u improvements in Cobblestone Sea Village have been prepared by the Carlsbad Mui District engineering staff and the following reclaimed water facility has been deter1 staff to be eligible for reimbursement as follows: District will reimburse Developer percent (100%) for the oversizing of the twelve (12”) inch diameter reclaimed watc an eighteen (18”) inch diameter reclaimed water pipeline with a reimbursement of amount of $277,039 after acceptance of the reclaimed water system by the District; WHEREAS, the reimbursement of the total cost amount of $279,539 wil from the Major Facilities Fees fund for Capital Improvement Projects. NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of Municipal Water District of Carlsbad, California as follows: 1. That the above recitations are true and correct. 1 2 3 4 5 6 ’ 8 9 10 11 12 13 14 15 16 17 18 ’’ 20 21 22 23 24 25 26 27 28 e 0 2. That the oversizing of the twelve (12”) inch diameter pipeline to an eigh inch diameter pipeline will be constructed for the amount of $279,539 and the pla eighteen (18”) inch reclaimed water pipeline which are on file with the Carlsbad Munic District are incorporated herein by reference and are accepted. 3. That funds in the amount of $279,539 for the eighteen (18”) inct reclaimed water pipeline be appropriated from the Reclaimed Water fund f Improvement Projects. 4. That the President be authorized to execute and the Secretary be record the Reimbursement Agreement regarding Carlsbad Tract 84-32(A), Cobblc Village Reclaimed Water Pipeline. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsba Water District held on the 7th day of October , 1997, by the fol to wit: AYES: Board Members Lewis, Finnila, Nygaard, Kulchin, and H. NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, Secretary (SEAL) CMWD 82-302 e e “. 8) RECORDED REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO SecretarylCity Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) Space above this line for Rc AG REIMBURSEMENT AGREEMENT REGARDING COBBLESTONE SEA VILLAGE - RECLAIMED WATER PIPELINE CARLSBAD TRACT 84-32, CMWD PROJECT NO. 82-302 (AGREEMENT NO. 1 OVERSIZING OF PIPELINE) ,. This agreement is entered into on October 30 , 1997, between CARLSBAt WATER DISTRICT (hereinafter “DISTRICT”) and GREYSTONE HOMES, INC., A CORPORATION (hereinafter “DEVELOPER”), with respect to the following facts: A. On April 8, 1997, by Resolution No. 97-428, City of Carlsbad approved the recc final subdivision map for Cobblestone Sea Villaqe. Carlsbad Tract 84-32(A). CMWD Proiect N “subdivision”) and represents that DEVELOPER is in compliance with the provisions of the Citl ordinances applicable to the filing and approval of subdivision maps. The property encom subdivision lies within the boundaries of the DISTRICT. 0 0 _. .- B. DEVELOPER will construct, as part of the improvements, an eiqhteen (18”) ir PI ’. I reclaimed water niPeline as shown on Exhibit “A, which has been determinQd by \he D\STR\CT for reimbursement. C. DEVELOPER has requested reimbursement from the DISTRICT pursuant to thc Map Act and DISTRICT Ordinance No. 26 for the cost of constructing the reclaimed v improvements described in Recital “B”, NOW, THEREFORE, in consideration of the mutual obligations, set forth below, and the cc DEVELOPER of the reclaimed water system improvements described above the parties agree as 1. Reimbursement for Increased Size. The DISTRICT shall reimburse DEVELC difference in cost of constructing the eighteen (18”) inch diameter reclaimed water pipeline CIz planned and what would have been the cost of a twelve (12”) inch diameter reclaimed water P same location. The amount of reimbursement is $ 277,039 for construction plus $2,500 for eng total cost of $279,539. 2. Calculation of Amount to be Reimbursed. DEVELOPER shall determine and 1 DISTRICT the estimated cost of constructing an eiahteen (18”) inch diameter reclaimed water E DR-25 in the same location as the twelve (12”) inch diameter reclaimed water pipeline will be DEVELOPER shall also forward to the DISTRICT the actual cost of constructing the eiahtes diameter reclaimed water pheline. The DISTRICT shall make the final determination, reasonabl; faith, based on the information provided by DEVELOPER, as to the actual construction cost v reimbursed to DEVELOPER. The unit prices shown in Exhibit “B” shall be used as a reference. 3. Time of Reimbursement. Payment will be made by the DISTRICT in conformana 9-3, PAYMENT of the Standard Specifications for Public Works Construction, 1997 Edition, for t work. A lump sum payment for one hundred (100%) percent of the oversizing cost will be made within thirty (30) days of acceptance of the work by the District. 4. Notice. All notices or other communications required or permitted under this Agree sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follow 2 , 0 Brian Nestoroff Grevstone Homes, Inc. 495 E. Rincon, Suite 11 5 0 .. To DEVELOPER +. Corona, CA 91719 To DISTRICT Robert J. Greaney, General Manaqer Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 5. Benefit and Burden. This Agreement shall inure to the benefit of, and the oblig: hereby shall be binding upon the heirs, successors and assigns of the parties hereto. 6. Severabilitv of Provisions. The invalidity or illegality of any provision of this Agree1 effect the validity or enforcement of the remainder of this Agreement. If any provision or term herc be invalid or unenforceable, the rest of the agreement shall remain in full force and effect as thoL or enforceable provision was not a part of the Agreement. 7. Waiver or Amendment. No provision of this Agreement, nor any breach hereof, c in writing. Waiver of any one breach of any provision hereof shall not be construed as a waiver of the same or any other provision hereof. This Agreement shall be amended or modified on agreement signed by the party to be charged with the amendment. 8. Governincl Law. This Agreement and any amendments hereto shall be governed and enforced in accordance with the laws of the State of California. 9. Construction and Interpretation. This Agreement contains the entire unde agreement of the parties as to the construction of the complete water system for the subdivision i all prior agreements, statements, discussions, representation and understandings pertaining system Ill Ill Ill Ill 3 I 0 IO. Authoritv to Sign. 9 e individuals who sign this Agreement on behalf of the corDoration certify that they have the authority and approval to do so on behalf of such comoration. Executed bygEVELOPER Executed by DISTRICT this '2% day of this 30th day of P*M ,19=. October 1997. DEVELOPER: D I STRl CT: GREYSTONE HOMES, INC., A DELAWARE CARLSBAD MUNICIPAL WATER CORPORATION D ISTRl CT (name of developer) By: B Mvision President CLAUDE A. LEWIS, President Coastel Valley Board of Directors (title of signatory) (title of signatory) APPROVED AS TO FORM: RON R. BALL, General Counsel By: (sign here) By: w (sign here) f+7m .. (title of signatory) CMWD 82-302 4 0 e .. ’. STATE OF CALIFORNIA COUNTY OF RIVERSIDE On October 20, 1997, before me, Linda Kaniasty, Notary Public for County of San Diego, personally appeared TODD PALMAER , personally known to me to be the person whose name is subscribed to t within instrument and acknowledged to me that he executed the same in his authorized capacity and th by his signature on the instrument, the person or entity upon behalf of which the person acted, executed the within instrument. WITNESS my hand and officiaI.sea1. & /GL?$JZ Linda Kaniasty, Notary Public CAPACITY CLAIMED BY SIGNER: SIGNER IS REPRESENTING: Individual - XX- Corporate Oficer President Partners Greystone Homes, Inc., A Delaware Corporation Assistant Secretary 4. Corporation as a Partner Other TIE3 CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: TITLE OR TYPE OF DOCUMENT: --~Reirnbursemeat Agreerncnt re: reclaiincd Water Pipeline (Cobblestone NUMBER OF PAGES-4 + resohitioil, exhibit “b” and notary achiowlcdgcment WER OF SIGNERS 2 . OVERSIZING COST: $