HomeMy WebLinkAbout2001-03-20; Municipal Water District; 498; Recycled Water Transmission Main Improvementsf3 0) E %
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W# q 9 r TITLE- APPROVE AND AUTHORIZE EXECUTION OF
REIMBURSEMENT AGREEMENT WITH POINSETTIA HOUSING
JITG. 3/20/O 1 ASSOCIATES LIMITED PARTNERSHIP FOR COSTS ASSOCIATED
WITH DESIGN OF RECYCLED WATER TRANSMISSION MAIN IEPT. ENG IMPROVEMENTS WITHIN AVENIDA ENCINAS,
PROJECT NO. 36752
RECOMMENDED ACTION:
CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL
e@ CITY All-Y.
CITY MGR. ?---
Adopt Resolution No. r\\9 to approve and authorize execution of a reimbursement agreement with Poinsettia Housing Associates Limited Partnership for costs associated
with design of recycled water transmission main improvements within Avenida Encinas,
Project No. 36752.
ITEM EXPLANATION:
The Poinsettia Housing Associates Limited Partnership (PHA) is the developer for the Poinsettia
Station Apartments. They designed a 24-inch diameter recycled water transmission main in Avenida Encinas fronting the Poinsettia Station Apartments as a part of the Phase II Recycled
Water Project master plan.
As a condition of approval of Poinsettia Station Apartments, PHA was required to design and construct within Avenida Encinas, the recycled water transmission main. The pipeline plans were
prepared by O’Day Consultants, and are shown on Drawing No. 378-9, Sheets 8 and 19 dated
November 29, 1999. The District directed PHA not to install the transmission main because
funding for construction is to be obtained from a loan with the State Water Resources Control
Board (SWRCB) under the District’s Phase II Recycled Water Project. The SWRCB will not
provide any funding on a project constructed prior to obtaining their approval which has not
occurred to date. Therefore, PHA has provided a reimbursement cost estimate of $20,437 for
costs they incurred only with the design, bonding, and restocking expense of the recycled water
transmission main.
District Ordinance No. 26 provides for a reimbursement agreement on facilities greater in size
than what is required to serve the development. The Poinsettia Housing Associates Limited
Partnership agreed to design the recycled water transmission main improvements through a
reimbursement agreement with the District.
An Environmental Impact Report was approved by the City Council for the entire Master Plan
incorporating the Poinsettia Station Apartments project and improvements to Avenida Encinas on
January 20,1998 (EIR 96-01).
FISCAL IMPACT:
The total cost for the work covered by the reimbursement agreement is $20,437 and will be paid from the project funding as shown below.
TABLE 1
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Page 2 of Agenda Bill No. cfx3r
This 24-inch recycled water transmission main is part of Phase II of the Encina Basin Water
Reclamation Project. The project includes a new 4 mgd advanced tertiary treatment facility as well as the necessary transmission and distribution systems. The total project will cost approximately
$37 million of which Council previously appropriated $4 million for design and miscellaneous
expenses until debt financing is arranged. There are sufficient funds available from the initial
appropriation for this reimbursement.
1. Location Map.
2. Carlsbad Municipal Water District Board of Directors: Resolution No. approve and authorize execution of a reimbursement agreement with Poinsettia Housing
Associates Limited Partnership for costs associated with design of recycled water
transmission main improvements within Avenida Encinas, Project No. 36752.
3. Agreement for reimbursement of costs associated with the design of the recycled water
transmission main within Avenida Encinas fronting Poinsettia Station Apartments, CT 97-10,
SDP 98-09, DCP 98-38, Dwg. 378-9, CMWD Project No. 98-518.
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\ CARLSBAD \
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APARTMENTS
NOT TO SCALE
CIN OF OCEANSIDE
CITY OF VISTA ----
PROJECT NAME POINSETTIA PROPERTIES PROJECT EXHIBIT
I I NUMBER PLANNING AREA 5 . SDP 98-09 SDP98-09 I 3
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RESOLUTION NO. 1119
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT (CMWD) TO APPROVE AND
AUTHORIZE EXECUTION OF A REIMBURSEMENT AGREEMENT
WITH POINSETTIA HOUSING ASSOCIATES LIMITED
PARTNERSHIP, FOR COSTS ASSOCIATED WITH THE DESIGN OF RECYCLED WATER TRANSMISSION MAIN IMPROVEMENTS WITHIN
AVENIDA ENCINAS. PROJECT NO. 36752.
WHEREAS, Poinsettia Housing Associates Limited Partnership is the developer of the
‘oinsettia Station Apartments project; and
WHEREAS, at the request of the CMWD, Poinsettia Housing Associates Limited
‘artnership designed a 24-inch diameter recycled water transmission main in Avenida Encinas;
and
WHEREAS, Poinsettia Housing Associates Limited Partnership has requested the Board
approval of a reimbursement agreement pursuant to District Ordinance 26; and
WHEREAS, an Environmental Impact Report was approved by the City Council on
January 20, 1998 (EIR 90-01) that incorporated the Poinsettia Station Apartments project; and
WHEREAS, the total cost for the work associated with the design of the 24-inch diameter
scycled water transmission main and performed by Poinsettia Station Housing Associates LTD
‘artnership is $20,437; and
WHEREAS, there are sufficient appropriations available in the Water Replacement Fund
o pay for the costs associated with the design of the recycled water transmission main.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
Nater District (CMWD) of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
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1 2. That the agreement between the CMWD and Poinsettia Housing Associates
2 Limited Partnership for the reimbursement costs associated with the design of the recycled water
3 transmission main within Avenida Encinas fronting Poinsettia Station Apartments, is hereby
4 approved and the President is authorized to execute said agreement on behalf of the Carlsbad
5 Municipal Water District.
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7 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
8 Water District held on the 20th day of March 9 2001 by the following vote, to wit:
9 AYES: Council Members Lewis, Kulchin, Nygaard and Hall.
10 NOES: None.
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13 CLAUDE A. LEWIS, Pr&8!enr 1/
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15 I] Al-TEST: /
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(SEAL)
AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE
RECYCLED WATER TRANSMISSION MAIN WITHIN
AVENIDA ENCINAS FRONTING POlNSElTlA STATION APARTMENTS;
CT 9740, SDP 98-09, DCP 98-38, DWG. 378-9,
CMWD PROJECT 98-518
THIS AGREEMENT FOR REIMBURSEMENT OF COSTS FOR THE RECYCLED
WATER TRANSMISSION MAIN WITHIN AVENIDA ENCINAS FRONTING POINSETTIA
STATION APARTMENTS dated as of March 23 ‘2001, “(“Agreement”), is made
at Carlsbad, California, between POINSETTIA HOUSING ASSOCIATES, a limited partnership
(“PHA”), and the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under
the Municipal Water District Act of 1911, and a Subsidiary District of the City of Carlsbad,
(“District”), with reference to the following recitals:
RECITALS
A. Bridge Housing Corporation - Southern California, is the record owner/lessor of
certain real property located in the City of Carlsbad, California, more particularly described on
Exhibit “A” attached hereto and made a part hereof (the “Poinsettia Station Apartments”). The
Poinsettia Station Apartments is a multiple family development which is leased to PHA. As used
herein, the term “Project” shall refer to Poinsettia Properties Planning Area 5, SDP 98-09, as
indicated, on Exhibit “A” Location Map.
B. The City Council of City adopted Resolution No. 99-132, on April 13, 1999,
approving Poinsettia Properties Specific Plan, and the findings and conditions of the Planning
Commission Resolutions No. 4514 and 4515 (Poinsettia Properties Planning Area 5, SDP 98-
09) relating to development of a mixed-use, master-planned community within the City of
Carlsbad. Finding No. 16 of Resolution No. 4514 provides as follows:
“The project has been conditioned to comply with any requirement approved as part of
the Local Facilities Management Plan for Zone 22” and Condition 6 of Resolution 4514 provides
as follows:
1
“The project shall comply with all conditions and mitigation measures which are required
as part of Zone 22 Local Facilities Management Plan and any amendments made to the plan
prior to the issuance of building permits.”
C. At District’s request, PHA has advanced on behalf of District, the cost of
designing approximately 1,640 feet of a recycled water transmission main along their frontage of
Avenida Encinas. The pipe was designed as a 24-inch diameter cement mortar lined and
coated steel pipeline as a part of the District’s Encina Basin Water Reclamation Program, Phase
II Project (“Phase II”). In 1999, PHA began to construct frontage road improvements for
Poinsettia Station Apartments along Avenida Encinas. To place the recycled water transmission
main in Avenida Encinas before final paving was to occur, PHA ordered the recycled water
transmission main pipe material from Northwest Pipe Company. However, because District
funding for the Phase II project is to be obtained through a State of California loan and no loan
can be made available for any pipeline constructed prior to approval for funding by the State of
California, which funding has not been approved, the District notified PHA not to install the
pipeline. PHA subsequently notified Northwest Pipe Company that PHA was canceling the pipe
order. Northwest Pipe Company indicated that there would be a restocking charge for the pipe
material.
Design costs are eligible for funding from the State of California. Therefore, PHA is
requesting reimbursement for their expenses incurred in designing the recycled water
transmission main and restocking expense.
D. District will utilize funds collected from recycled water connection fees to
reimburse the costs advanced hereunder by PHA. The funds are budgeted in the fiscal year
2000/2001 under Encina Basin Water Reclamation Program, Phase II Project.
E. District and PHA recognize that the Recycled Water Design Work and restocking
expense exceeds the infrastructure othenvise required of PHA as required by the Growth
Management provisions of the LFMP for Zone 22.
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F. District and PHA desire to enter into a reimbursement agreement which covers
the recycled water transmission main design and restocking expense that was completed.
G. The Recycled Water Design Work includes the following improvements:
1. Avenida Encinas Recvcled Water Transmission Main. PHA advanced all
costs necessary to complete the design, and then ordered the pipe material for construction of
1,640 feet of 24-inch diameter recycled water transmission main in Avenida Encinas on the
easterly and northerly boundary of the subdivision identified in the attached Exhibit “A”.
The recycled water transmission main is shown on Drawing 378-9, Sheets 18 and 19, Carlsbad
Municipal Water District Project No. 98-518.
2. Definition of “Recvcled Water Work”. The various items of work,
described in subsection (1) above are hereinafter collectively referred to as the “Recycled
Water Work”.
3. Estimated Cost of Recvcled Water Work. District shall reimburse PHA in
the manner described below for the total costs advanced by PHA for the Recycled Water Work.
The Total Cost and the Reimbursable Cost for each of the items of the Recycled Water Work is
currently estimated to be as follows:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
1. The Recitals are true and correct and is incorporated herein by this reference.
2. PHA OBLIGATIONS.
(a) In consideration of District’s reimbursement and other undertakings as set
forth herein, PHA agrees to the Recycled Water Work.
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3. SATISFACTION OF OBLIGATION
PHA’s agreement to perform the Recycled Water Work, as set forth herein, shall
fully satisfy and constitute full compliance with all requirements regarding Avenida Encinas and
SDP 98-09 with respect to the Recycled Water Work and construction improvements.
W By entering into this Agreement, PHA waives any and all potential
constitutional (Nollan/Dolan) objections relating to the Recycled Water Work.
4. DISTRICT OBLIGATIONS.
(a) The District shall reimburse PHA an amount (the “Reimbursement
Amount”) equal to $20,437.
@I District agrees to reimburse PHA for the Recycled Water Work in the
manner described in Section 5 and 6 of this Agreement.
5. ACCOUNTING OF COSTS.
(a) PHA shall present District with a complete and detailed accounting of the
costs and expenses advanced by PHA in connection with the Recycled Water Work. Upon its
receipt of a written request therefor from District, PHA will allow an audit of such costs and
expenses to be prepared at PHA’s expense by certified public accountants specified by District.
@I PHA shall retain detailed payment records for all items of the Recycled
Water Work, for use by District in auditing any subsequent requests by PHA. PHA’s requests for
reimbursement (each a “Reimbursement Request”) shall include copies of plans, specifications,
bids received, contracts, change orders, invoices, payment slips, canceled checks (front and
back), lien releases and other documentation reasonably required by District to evidence the
completion and payment for each item of Recycled Water Work.
6. DISTRICT’S PAYMENT OF REIMBURSABLE EXPENSES.
District shall pay PHA the Reimbursement Amount for its costs (as approved
pursuant to Section 5, above) within 30 days of receiving the detailed payment records
described in 5 (b) above.
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7. MISCELLANEOUS.
(a) Disputes; Claims: If a dispute should arise regarding the performance or
interpretation of this Agreement, the following procedure shall be used to resolve and question
of fact or interpretation not informally resolved by the parties. Such questions, if they become
identified as a part of a dispute among persons operating under the provisions of this
Agreement, shall be reduced to writing by the principal of PHA or the City’s Public Works
Director. A copy of such documented dispute shall be forwarded to both parties involved along
with recommended methods of resolution which would be of benefit to both parties. The Public
Works Director, or principal, upon receipt, shall reply to the letter, including a recommended
method of resolution, within ten (10) days. If the resolution thus obtained is unsatisfactory to the
aggrieved party, a letter outlining the dispute shall be forwarded to the Board of Directors for
their resolution through the office of the Executive Manager of the District. The Board of
Directors may, but is not obligated to resolve the dispute. If the Board of Directors considers the
dispute, and directs a solution, the action of the Board of Directors shall be binding upon the
parties involved, although nothing in this procedure shall prohibit the parties seeking remedies
available to them at law.
(W Jurisdiction & Venue. PHA agrees and hereby stipulates that the proper
venue and jurisdiction for resolution of any disputes between the parties arising out of this
Agreement is San Diego County, California.
(cl Obliaations and Benefits Not Runnina With Land: No Third Par&
Beneficiaries.
This Agreement shall bind and inure to the benefit of the parties and their
respective successors and assigns. However, it shall not run with the land or be recorded, and
all payments due from the District shall be made to PHA or such assignee as PHA designates
in writing. This Agreement shall not be deemed to confer any rights upon any individual or entity
which is not a party hereto; the parties hereto expressly disclaim any such third-party benefit.
(d) Notice. Unless otherwise specifically provided herein, all notices,
demands or other communications given hereunder shall be in writing and shall be deemed to
have duly delivered upon personal delivery, or by Federal Express (or similar reputable express
delivery service), or by facsimile transmission with back-up copy mailed the same day, or as of
the second business day after mailing by United States certified mail, return receipt requested,
postage prepaid, addressed as follows:
IF TO POINSETTIA HOUSING ASSOCIATES: IF TO DISTRICT:
Poinsettia Housing Associates, L.P.
Attention: Mr. Brad Wiblin
9191 Towne Centre Drive, Suite L-101
San Diego, CA 92122 Telephone: (858) 535-0552
Facsimile: (858) 535-0652
Carlsbad Municipal Water District
Attention: Mr. Lloyd Hubbs
Public Works Director
1635 Faraday Avenue Carlsbad, CA 92008
Telephone: (760) 602-2730 Facsimile: (760) 602-8562
or to such other address or to such other person as any party shall designate to the others for
such purpose in the manner set forth above.
(e) Counteroarts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which, taken together, shall
constitute one and the same instrument.
(9 Goveminq Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of California.
(9) Comolete Aareement. This Agreement contains the entire agreement
between the parties with respect to the matters set forth herein, and supersedes all prior or
contemporaneous agreements (whether oral or written) between the parties with respect to the
matters set forth herein.
(W Amendment. This agreement may be amended by a written instrument
executed by District and PHA (including for this purpose any successors of PHA, to the extent of
their ownership of real property with Poinsettia Station Apartments), except that no amendment
regarding the provisions for reimbursement to PHA shall be valid unless executed by PHA.
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0) This Agreement shall be effective as of the date first written above, Term.
and shall terminate on the date the District fully reimburses PHA the Reimbursement Amount.
In no event shall the Agreement term.go beyond January 1,201O.
Q) No Third Partv Beneficiaries. This Agreement shall not be deemed to
confer any rights upon any individual or entity which is not a party hereto, and the parties hereto
expressly disclaim any such third-party benefit.
(k) Pavments to PHA. Any payments to PHA by District hereunder shall be
made payable to PHA and shall be forwarded to the following address, or to such other address
as PHA specifies in writing to the Deputy Public Works Director of City:
Poinsettia Housing Associates, L.P.
Attention: Lydia Tan
One Hawthorne Street, Suite 400 San Francisco, CA 94105
(415) 989-l 111
(415)495-4898
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first set forth above.
DEVELOPER “DISTRICT” -
POINSEITIA HOUSING ASSOCIATES L.P.
BY: BRIDGE HOUSING CORPORATION- SOUIIF~ Q, ,
By: - d l!bu o
(sign here)
By: L+(D6ps. 74 lL~raierc? (print name/title)
By:
(sign here)
By: (print name/title)
(Proper notarial acknowledgment of execution by Poinsettia Housing Associates, must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel . m By: &&&i!, m Deputy General Counsel
State of California
$7 T= f-cwvK\sce, 1
ss.
County of
Cn , before me, / aa Sk &Am ,, &cAtiq K/Q< </IL/Q / d Name and Tile of Officer (e.g.. ‘Jane Doe. Notary Publii
personally appeared
Name(s) of Signer(s) d ersonally known to me
Cl proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Nolmy seal Above
WITNESS my hand an
OPTIONAL
Though the information below is not required by /aw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacityties) Claimed by Signer
Signer’s Name:
C Individual
0 Corporate Officer - Title(s):
q Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
0 19% National Nolaly Association * 9350 De Solo Ave.. P.0. Box 2402. Chafsworth. CA 91313-2402 - ww.“ationalnotary.~q Prod No 5907 Reorder Call Toll-Free l-tXW8766827
LOCATION MAP
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APARTMENTS
NOT Tb SCALE
VICINIT\r
MAP c zlz”
PROJECT NAME POINSE T T/A PROPER TIES PROJECT EXHIBIT
NUMBER PLANNING AREA 5 , SDP 98-09 SDP98-09 A
03/13 '01 11:41 b . . I
1D:BRIDGE FAX:4154954898 PAGE 2
BRIDGE HOUSING CORPORATlON - SOUTHERN CALIFORNIA
CORPORATE AUTHORZING RESOLUTION
JIE MULTIFAMILY BOND FINANCING,
(Poinsettia Housing Associates, a California Limited Partnership) .
At a duly constirutcd meeting of the Board of Directors of BRIDGE Housing Corporation - Southem California, a California nonprofit public benefit corporation (the “Corporation”) held
on March 3 , 1999, the following resolutions were adopted:
WHEREAS, the Corporation has entered into a limited partnership known as Poinsettia
Housing Associates (the “Partnership”), as the general partner, together with BRIDGE Housing
Corporation, a California nonprofit public benefit corporation (“BRIDGE”), as the initial limited
pm=;
WHEREAS, the Board of Directors of the Corporation deems it to be in the best interest of the Corporation to have the Corporation acquire the fee interest in that certain par&cl of land
located near the northwest comer of Avenida Encinas and Poinsettia Lane in the City of
Carlsbad, (the “Land”), more particularly described in. Exhibit attached hereto, from
HWBPMchan, L.P., a California Iimited partnership, Strata/Poinsettia, a California general ptinership, Benchmark Pacific Poinsettia, L-P., a California limited Partnership, HSL
Properties, Inc., a California corporation, and Strata Equity Corporation, a California corporation
(collectively the “Scllcr”) on which the Partnership will constmct 92 units of airordable
( multifamily housing commonly known as Poinsettia Station Apartments (the “Development);
WHEREAS, the Board of Directors of the Corporation deems it to be in the best interest
of the Corporation enter into that certain agreement regarding financial contributions to the
Development with Shea Homes (“Shea”) and the Seller (the “Financial Contribution
Agreement”);
WHEREAS, the Board of Directors of the Corporation deems it to be in the best interest
of the Corporation to have! the Corporation lease the Land to the Partnership for a term of not less than 55 years and enter into a ground lease with the Partnership (the “Ground Lease”);
WHEREAS, the construction and permanent financing of the Development is being ’
provided by the City of Carlsbad, a municipal corporation (the “City”);
WHEREAS, to assist the Partnership with the construction and permanent financing of
the Development being provided by the City, the Board of Directors of the Corporation deems it
to be in the best interest of the Corporation to encumber the Corporation’s fte interest in the Land by executing deeds of trust, regulatory agreements and declarations of restrictive co~c~ants,
regulalory ayreemcnts, and any other types of agccmenrs, certificates or documents
1or\123i119184.1 1
03/13 '01 11:41 ID:BRIDGE FFlX : 4 154954898 PAGE 3
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(colktive!y, the “City Documents”) necessary for the Partnership to consummate the
construction and permanent financing
NOW, THEREFORE, BE IT RESOLVED: That the Corporation shall acquire the fee
interest in the Land from the Seller;
FURTHER RESOLVED: That the Corporation shall lease the Land to the Partnership
and enter into the Ground Lease;
FURTHER RESOLVED: That the Corporation shall enter into the Financial
Contribution Agreement;
FURTHER RESOLVED: That the Corporation shall execute the City Documents;
FURTHER RESOLVED: That Carol Galantc, President, or Lydia Tan, Vice President. or Susan M. Johnson, Secretary, or in the absence or unavailability of the aforementioned
officers, any officer of the Corporation, acting alone, shall be tuthorized and directed to execute
any and all necessary documents, including but not limited to, ground leases, financial contribution agreements, City Documents, and to do all such other acts and things that may be necessary or required to acquire the Land, lease the Land to the Partnership, encumber the fee interest in the Land, assist the Patinership in the consummation of the construction and
permanent financing and to do any and all other activities contemplated in this Resolution.
144\123\179184.1 2
03A3 ‘01 11:43 ID:BRIDGE
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FAX : 4154954898 PQGE 4
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I[, the undersigned, hereby certify that the foregoing is a but copy of tic Resolution
adopted by the Board of Directors of the above mentioned Corporation at a meeting of said . Board held on the aforementioned date, and that said Resolution is in full force and effect.
Dated: Arlr;l 27 1 ,I999
0343 ‘01 11:44 1D:BRIDGE FAX:4154954898
ExKmrrA
PAGE 5
. The hnd rcfmed to is situated in the State of California. Cmm~ of San Diego and is described M
follows:
LOT 4 OF CARLSBAD TRACl- NO. 97.10, POINSElTIA PROPERTIES MAP NO. 13785 FILED IN
THE OFFICE OF THE COW-MY RECORDER OF SAN DIEOO COUNTY ON MAY 21,1999.
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