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Home My WebLink AboutKEL-CAL; 1985-08-14;. r ' ' -.... AGREEMENT NO. 1 WATER SYSTEM IMPROVEMENT , ... ; "TERRAMAR" PIPELINE RIGHT-OF-~JAY & PIPLINE MODIFICATIONS CARLSBAD TRACT NO. 83-30, KELLY RANCH This agreement made this ,/4 day of 4«r:« 5 r: . 198 x. between COSTA REAL MUNICIPAL WATER DISTRICT, a municipal water district, successor in interest to Carlsbad Municipal Water District, hereinafter re- ferred to as "DISTRICT" and KEL-CAL, a 1 imited partnership, hereinafter referred to as "DEVELOPER," with respect to the following: W I T N E S S A. DEVELOPER is processing a subdivision of its land, known as the "Kelly Ranch" through the City of Carlsbad, California under the provisions of the Subdivision Map Act of the State of California as amended January 1, 1985. DEVELOPER has been issued an approved tentative map of those lands by the City of Carlsbad, which project is identified as Carlsbad Tract No. 83-30, Kelly Ranch, (hereinafter referred to as "PROJECT"). B. A condition of approval of the PROJECT by the City of Carlsbad is the mass grading of the included lands to provide a new pattern of streets and building sites. DEVELOPER has submitted a grading plan to the City of Carlsbad for approval. The grading plan will require modifications to DISTRICT's water system which traverses the PROJECT. C. DISTRICT owns, operates, and maintains a pipeline known as the "Terramar" Pipeline, which traver:ses the PROJECT. The•'pipeHne ts located within a 20' pipeline easement area as set forth in the right-of-way docu- ment executed by Allan O. Kelly and Katherine M. Kelly, husband and wife, as granters to Paul Ecke and Magdalena Ecke, husband and wife, as grantee, recorded as File/Page No. 5446, Book 324, Page 9, Official Records, San Diego County, California. DISTRICT is successor to these interests. -1- .. . ., .. - D. The DEVELOPER has submitted to the DISTRICT a map entitled "Kelly Ranch, Water Facilities Exhibit A" depicting a conceptual grading plan the PROJECT traversed by DISTRICT's Terramar Pipeline. The grading shown on Exhibit A and on the grading plans submitted to the City of Carlsbad in- cludes an earthen fill to be placed for the future extension of Cannon Road southwesterly of El Camino Real. This fill and the related grading on the PROJECT would encroach upon DISTRICT'S Terramar Pipeline easement and result in structural loading and settlement potentially destructive to the pipeline. E. Prior to issuance of a grading permit from the City of Carlsbad, DEVELOPER must obtain DISTRICT's approval to work within the Terramar Pipeline easement. Upon completion of grading for the proposed Cannon Road extension, f. the DEVELOPER, as a condition of approval of the PROJECT by the City of Carlsbad, will be required to construct a 14 inch water main within the public right of way, replacing the existing 10 inch Terramar Pipeline. F. The DEVELOPER has requested permission for DISTRICT to temporarily remove the 10 inch Terramar Pipeline from service within the limits of the proposed grading during the construction period and for an indeterminate time period thereafter, to allow for consolidation and settlement of the fill and underlying soils. G. After consolidation has occurred, the DEVELOPER proposes to replace the water main in accordance with plans approved by DISTRICT. H. DISTRICT has evaluated the proposal of the DEVELOPER and is willing to grant this written permission to perform grading work which will increase the ground elevation over the right-of-way and to temporarily remove the existing 10 inch Terramar Pipeline from service subject to the terms and conditions as set forth herein. IT rs, THEREFORE, AGREED: -2- .•. 1. DISTRICT hereby grants permission to the DEVELOPER to increase the elevation of the ground above the existing right-of-way to the extent as set forth in the engineering construction drawing and a grading permit to be issued by the City of Carlsbad. DISTRICT further grants permission to the DEVELOPER to temporarily remove the Terramar Pipeline from service during the construction period. 2. The DEVELOPER shall agree to reimburse DISTRICT for all DISTRICT's expenses for any modifications to the existing 10 inch pipeline that DISTRICT determines appropriate to temporarily remove the pipeline from service as required by the construction activity of mass-grading operations or by the excess overburden (fill) placed on top of the existing pipeline. ,_f ' 3. The DEVELOPER hereby agrees to grant to DISTRICT permission to traverse the lands of the DEVELOPER as necessary to gain access to the existing pipe- line easement over any and all practical routes for the purpose of operations and maintenance. 4. The DEVELOPER, after completion of earthwork and after the indeter- minate period of consolidation has passed, shall agree to replace the exist- ing 10 inch pipeline in accordance with plans approved by DISTRICT, or to construct other substitute facilities as DISTRICT may deem necessary to re- store permanent water service to the affected area. 5. The DEVELOPER hereby agrees that, in the event that public dedication of the proposed Cannon Road extension has not ye't been made at the time that DISTRICT determines that restoration of service to the area is necessary, the DEVELOPER shall grant necessary easements to DISTRICT for restoration of the water system. 6. The DEVELOPER shall post a bond or other form of surety acceptable to DISTRICT in the amount of $45,000.00 to secure faithful performance of the terms and conditions of this agreement. -3- : •' 7. Inspection Fees and Deposits. 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 project. The fees and costs shall be charged in accor- dance with the DISTRICT'S standard practice. DEVELOPER shall deposit with the DISTRICT the sum of $3,600.00, being the estimated amount of the DISTRICT's expenses, at the time this agreement is executed. Should the DISTRICT's expenses be in excess of the deposit, DEVELOPER shall pay the excess expenses to the DISTRICT on demand. Should the DISTRICT's expenses be less than the amount of the deposit, the DISTRICT shall refund the balance to DEVELOPER upon completion of the work and its acceptance by the DISTRICT. 8. The. term of this agreement will be for one (l) year. In the event that DEVELOPER does not diligently prosecute the work during this period; or if in the opinion of the DISTRICT there exists a danger to the public health and welfare or any unacceptable threat or degradation of water service re- sulting from DEVELOPER's work, the DISTRICT reserves the right with 24 hour written notice to DEVELOPER, to take remedial action. DEVELOPER will be re~ sponsible for all DISTRICT's costs in this regard. 9. This agreement shall be binding upon and inure to the benefit of the assigns and successors in interest of each party. KEL-CAL, a limited partnership COSTA REAL MUNICIPAL WATER DISTRICT By: By: Wayne allaghan, C -COMMUNITIES, INC. By://L£~~ I Robert M. Galloway~ KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC. ~C:'&:~ Wi 11 iam C. Meadows General Manager .J ' FIRST AMENDMENT TO AGREEMENT NO. 1 WATER SYSTEM IMPROVEMENT TERRAMAR PIPELINE RIGHT-OF-WAY AND PIPELINE MODIFICATIONS CARLSBAD TRACT NO. 83-30, KELLY RANCH This agreement is made this /,aJ--day of ~ , 1987, between COSTA REAL MUNICIPAL WATER DISTRICT, a municipal water district ("District"), and KEL-CAL, a limited partnership ("Developer"), to amend "Agreement No. 1 Water System Improvement Terramar Pipeline Right-Of-Way and Pipeline Modifications Carlsbad Tract No. 83-30, Kelly Ranch," executed August 14, 1985 ("Agreement"). A. Developer and District have partially performed their obligations under the Agreement. However, by its terms, the Agreement would have expired August 14, 1986. B. The parties agree that it is necessary to set forth their understandings regarding ongoing and continued performance by the parties under the Agreement. NOW, THEREFORE, IT IS AGREED between Developer and District: 1. Term Extended. Paragraph 8 of the Agreement is hereby amended to read: The term of this Agreement will be for four years, commencing as of August 14, 1985. In the event that Developer does not diligently prosecute the work during this period; or if in the opinion of the District there exists a danger to the public health and welfare or any unacceptable threat or degradation of water service resulting from Developer's work, the District reserves the right, with 24-hour written notice to -.. ' Developer, to take remedial action. Developer will be responsible for all District's costs in this regard. 2. Bond. Developer shall keep its bond to secure the faithful performance of the terms and conditions of this Agreement in full force and effect. 3. Incorporation By Reference. Except as specifically provided herein, the parties agree that the terms and conditions of the Agreement are incorporated herein by reference, unless other expressly stated or amended herein. KEL-CAL COSTA REAL MUNICIPAL WATER DISTRICT A Limited Partnership By~~ Y-/ obert M. Galloay, V.P. By: KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC., General Partner [Acknowledgments Required] {GMCOST.A} - 2 - Board of Directors