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HomeMy WebLinkAbout1964-08-04; Municipal Water District; Resolution 188RESOLUTION NO. 188 J .- !I ., A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT AUTHORIZING THE MANAGER TO ENTER INTO AN AGREE- MENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SUBDIVISION LANDS AND FOR PERFORMANCE BOND. WHEREAS, the Manager of the Carlsbad Municipal Water District and the Engineer for the Carlsbad Municipal Water District had reviewed the plans and specifications of the proposed subdivision known as LA COSTA VALLEY UNIT NO. 1, and have approved the same; and WHEREAS, it is to the best interests of the District that the District enter into an agreement with the Subdividers, RANCHO LA COSTA, INC., to complete the project in conformity with the plans and specifications as approved. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT AS FOLLOWS: 1. The Manager is directed and authorized to execute that certain Agreement, a copy of which is attached hereto, marked Exhibit "A" and made a part hereof by reference. 2. The Manager is authorized to execute any and all documents necessary to complete the Agreement, and to carry out the terms thereof, including the accepting of easements to be granted thereunder. ADOPTED, SIGNED AND APPROVED this 4th day of August, 1964. ATTEST: Secretary of the Hoard of Uirectors of Carlsbad Municipal Water District. of Carlsbad Municipal Wate District 1' ! AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SUBDMSION LANDS AND FOR PERFORMANCE BOND THIS AGREEMENT is made this day of , 1964, between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called DISTRICT, and RANCHO LA COSTA, INC., hereinafter called SUBDIVIDER, in view of the following facts and for the following purposes: (a) SUBDIVIDER is about to present to the County of San Diego for final approval a subdivision map covering property lying within the boundaries of DISTRICT, pursuant to the provisions of the Subdivision Map Act of the State of California and in compliance with the provisions of the ordinances of the County of San Diego relating to the filing and approval of subdivision maps. (b) Plans and specifications for the construction of the water system for said subdivision have been prepared and have been approved by the Board of Directors of DISTRICT. Said plans and specifications were prepared by , and are identified as , and are incorporated herein by reference. (c) No present commitment is required of the DISTRICT as to water or sewer service to said Subdivision lands. IT IS, THEREFORE, AGREED: 1. In consideration of the approval by DISTRICT of the plans and specifications for said subdivision known as La Costa Valley Unit No, 1, SUBDIVIDER agrees to do and perform, or cause to be done and performed, at his own expense and without cost or liability to DISTRICT, all of the public work and improvement required to be done in and adjoining said sub- division in the construction of a complete water system to serve said c property. like manner under the direction of and satisfactory to DISTRICT, all in strict conformity and in accordance with the plans and specifications covering said work and the general specifications covering said work and the general specifications for pipeline construction adopted by DISTRICT. Said work shall be done and performed in a good and workman- SUBDIVIDER EXHIBIT "A 'I I. i - will furnish all necessary materials and labor required in said work and will pay and discharge all bills and claims arising out of the performance of said work. 2. SUBDIVIDER agrees that all of the work covered by this agree- ment will be completed on or before 3. SUBDIVIDER agrees to pay to DISTRICT on demand the full amount of all DISTRICT'S costs incurred in connection with the work, in- cluding plan checking, inspection, materials furnished, and all other ex- penses of DISTRICT directly attributable to the work, plus a reasonable amount for DISTRICT'S overhead in connection therewith. SUBDIVIDER shall deposit with DISTRICT concurrently with the execution of this agree- ment the sum of $ DISTRICT'S expenses. Should the expenses incurred by DISTRICT be in excess of said deposit, SUBDIVIDER shall pay the amount of such excess to DISTRICT on demand. Should DISTRICT'S expenses be less than the amount deposited, DISTRICT shall refund to SUBDIVIDER the difference upon completion of the work and its acceptance by DISTRICT. , being the estimated amount of 4. Until such time as all public improvements proposed to be con- structed in said subdivision, including streets, curbs , drains , sewers, gas and utility lines, grading, etc. , shall have been completed and accepted by DISTRICT and all other public authorities having jurisdiction, SUBDIVIDER shall be responsible for the care, maintenance of, and any damage to the water mains or water system or sewer system within the proposed sub- division. 5. Until such time as the work covered by this agreement has been finally accepted by DISTRICT and title thereto, together with all necessary easements and rights of way, transferred to DISTRICT, DISTRICT shall be under no obligation to furnish water to any portion of the lands located within said subdivision (other than such construction water as may be delivered under a temporary servic e agreement with Subdivider). No improvements , - \+ (' which may be constructed within the subdivision shall be permitted to be occupied until the DISTRICT has finally accepted the water system. 6. The acceptance of the work on behalf of the DISTRICT shall be made by the Board of Directors of DISTRICT upon recommendations of DISTRICT'S Manager or DISTRICT'S Engineer. Such acceptance shall not constitute a waiver by DISTRICT of any defects in the work. SUBDIVIDER, by this agreement, guarantees for a period of one (1) year from acceptance, all of the work covered by this agreement, and shall repair and replace any and all such work that may prove defective in workmanship and/or materials within said one-year period without expense to DISTRICT. failure to comply with the provisions of the guarantee within ten (10) days after notice in writing, DISTRICT is authorized to have the defects repaired and made good at the expense of SUBDIVIDER, and SUBDIVIDER shall pay In the event of I the cost thereof on demand. 7. SUBDIVIDER shall, upon acceptance of the work by DISTRICT, provide DISTRICT with a statement showing the actual cost of construction of the work contemplated herein. 8. SUBDIVIDER will deposit a bond or cash in the amount of $1,000.00 and DISTRICT may use all or part of this sum in the event DISTRICT'S lines or property are damaged or property belonging to others is damaged by SUBDIVIDER in the construction of the facilities provided for herein. sole discretion it is deemed necessary to repair damage caused by SUBDIVIDER, its agents or employees or by independent contractors used by SUBDIVIDER. DISTRICT is authorized to supply labor and material when in its In the event no damage is incurred or the full amount is not used then such amount will be returned to SUBDIVIDER upon completion. In the event the above sum is not sufficient, SUBDIVIDER agrees to immediately deposit on demand such further sum as is deemed necessary by DISTRICT. 7t This section in no way assumes any liability by DISTRICT to undertake any repair, maintenance or work. In the event litigation results from the action of .' SUBDIVIDER or his agents, SUBDIVIDER shall pay to DISTRICT a reasonable sum as attorneys' fees and shall pay all court c osts in connection with said litigation. 9. SUBDIVIDER shall furnish and deliver to DISTRICT, at no expense to it, a surety bond written by a reliable surety company authorized to do ' business in the State of California, in the penal sum of $68,000.00, which bond shall insure the faithful performance of this contract by SUBDIVIDER. Said bond shall also inure to the benefit of all persons entitled to the protection of the Mechanics Lien Laws of the State of California. In lieu of the bond provided for in the preceding paragraph, SUBDIVIDER may, with the approval of DISTRICT endorsed upon this contract, deposit with DISTRICT an equal sum of money which shall be held by DISTRICT as a guarantee of performance of said work and the payment of all labor and materials used therein. In the event such deposit is made and SUBDIVIDER fails to complete said work or to pay for any labor and materials used therein, or necessary therefor, DISTRICT may, at its option, take over and perform any and all such work, pay for any materials furnished or necessary for said work, and any labor done or performed in connection ' therewith. In such event, should the amount deposited with DISTRICT be insufficient, SUBDIVIDER shall pay to DISTRICT, upon demand, any deficiency. Should the amount be in excess of that needed to complete said work and pay for all labor and materials, DISTRICT shall refund to SUBDIVIDER any excess. Should such deposit be made and the work fully performed, SUB- DIVIDER shall be refunded the amount of the deposit upon completion and acceptance of the work by DISTRICT. 10. In the event it becomes necessary for DISTRICT to take legal action to enforce the terms of this agreement, SUBDIVIDER agrees that it will pay DISTRICT reasonable attorneys' fees and costs. IN WITNESS WHEREOF, this agreement has been executed by , . SUBDIVIDER and on behalf of DISTRICT by its Manager, pursuant to authority of Resolution No. Directors . adopted by DISTRICT'S Board of CARLSBAD MUNICIPAL WATER DISTRICT By: "District 'I RANCHO LA COSTA, INC. By: "Sub divider"