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Home My WebLink AboutKEL-CAL; 1985-08-21;AGREEMENT NO. II WATER SYSTEM IMPROVMENTS REGARDING KELLY PIPELINE MODIFICATIONS CARLSBAD TRACT.NO. 83-30, KELLY RANCH . , This agreement made this .1_h day of -'-A;.;:u.._gu::..:s:..:t'------, 1982_., between COSTA REAL MUNICIPAL WATER DISTRICT, a municipal water district successor to Carlsbad Municipal Water District (hereinafter referred to as "DISTRICT") and a joint venture of KEL-CAL, a limited partnership, (here- inafter referred to as "DEVELOPER") with respect to the following: W I T N E S S A. DEVELOPER is processing a subdivision of its lands, 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 l, 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 6 inch pipeline known as the "Kelly" pipeline which traverses the PROJECT. The pipeline is located within a 20 foot easement set forth in right-of-way document executed by Allan 0. Kelly as granter to Carlsbad Municipal Water District as grantee, recorded as File/Page No. 90323, Official Records, San Diego County, Cali- fornia, May 20, 1964. -1- -~ ) (b) Reimburse DISTRICT for any and all expenses which may be incurred by DISTRICT in making system modifications. (c) Grant permission to DISTRICT to traverse lands of DEVEL- OPER as necessary to gain access to existing pipeline over any and all practical routes for purposes of operation and maintenance. (d) Provide safe and reliable all weather access to strategic operation features of the water system and to all existing residences or other water users' points of access. (e) Grant necessary easements, licenses, or other acceptable right of way documentation to DISTRICT for access along all pipelines, either temporary or permanent. (f) Post a bond or form of surety acceptable to DISTRICT in the amount of $10,000.00 to secure faithful performance of the terms and conditions of this agreement. (g) Perform the grading over the pipeline easement and complete the pipeline modifications as set forth in Section 1 ., (a), (b) and (c) above described. 3. The term of this agreement will be for one (1) year. In the event that DEVELOPER does not diligently prosecute and complete the work during this period; if at anytime during this period, in the opinion of the DISTRICT there exists a danger to the public health and welfare or any unacceptable threat of 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. 4. This agreement shall be binding upon and unure to the benefit and successors in interest of each party. -3- ' D. DEVELOPER has submitted to DISTRICT a map entitled "Kelly Ranch, Water Facilities Exhibit A" depicting a conceptual grading plan of DEVELOPER's lands traversed by DISTRICT'S Kelly Pipeline. The grading shown on Exhibit A and on the grading plans submitted for approval to the City of Carlsbad includes earthwork which will necessitate abandonment of approximately 900 feet of the Kelly Pipeline. E. DEVELOPER proposes to provide an alternate service point for the Kelly Pipeline and to make modifications to the existing DISTRICT water system to assure service to the system as required by the DISTRICT. F. DISTRICT has evaluated the proposal of the DEVELOPER, and is willing to grant written permission to perform the grading work which will require modifications to the 6 inch Kelly Pipeline according to the terms and condi- tions as set forth herein. IT IS THEREFORE, AGREED: 1. DISTRICT hereby grants permission to the DEVELOPER to: (a) Perform grading work over DISTRICT's Kelly Pipeline easement in conformance with a grading plan to be issued by the City of Carlsbad. (b) Remove and/or abandon approximately 900 feet of existing 6 inch pipeline as required by the approved grading plan. (c) Provide temporary water service to DISTRICT facilities served off the remaining Kelly Pipeline. 2. In consideration thereof DEVELOPER agrees to: (a) Submit plans for DISTRICT approval for an alternate service point for the existing Kelly Pipeline, together with other related system modifications; such as pressure regulating stations, booster pumps, offsite pipelines or similar appur- tenances to provide temporary or permanent service. -2- .. KEL-CAL, a limited partnership By: -'4.'44-4L'.Lt:,1. ~~~-::..1£J~ William A. Schainker Senior Vice P esi . . ' . . . . COSTA REAL MUNICIPAL WATER DISTRICT -4- .· - \ ' - 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: 0~,~ Jif. By: ~ fl.ftu~ (O:;:tM. Galloway, V.P. usanM. Haasl, President KAUFMAN AND BROAD OF SOUTHERN Board of Directors CALIFORNIA, INC., General Partner [Acknowledgments Required] {GMCOST.Al} - 2 - -· J • • J ' I FIRST AMENDMENT TO AGREEMENT NO. 2 WATER SYSTEM IMPROVEMENTS REGARDING KELLY PIPELINE MODIFICATIONS CARLSBAD TRACT NO. 83-30, KELLY RANCH This agreement is made this /4/Yday of ~, 1987, between COSTA REAL MUNICIPAL WATER DISTRICT, a municipal water district ("District"), and KEL-CAL, a limited partnership ("Developer"), to amend "Agreement No. 2 Water System Improvements Regarding Kelly Pipeline Modifications Carlsbad Tract No. 83-30, Kelly Ranch," executed August 21, 1985 ("Agreement"). A. Developer and District have partially performed their obligations under the Agreement. However, by its terms, the Agreement would have expired August 21, 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 3 of the Agreement is hereby amended to read: The term of this Agreement will be for four years, commencing as of August 21, 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.