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Home My WebLink AboutPONDEROSA HOMES; 1981-07-08;AGREEMENT FOR CONSl~UCTION OF WATER SYSTEM TO SERVE S1iBDIVISION LANDS AND FOR PERFORMANCE BOND CARLSBAD· TRACT NO. 73-29 CARRILLO ESTATES UNIT NO. 2 Agreement for Bond No. 59 SB 019632 BCA THIS AGREEMENT is made this 8th day of ---'J=--=u:....:l_.,_y_._, _l=--=9=8_,_l ______ _ between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter called 11 District11 , and PON DEROSA HOMES, a California general partnership -------------------------------------' hereinafter called 11 Subdivider 11 , in view of the following facts and for the following purposes: (a) Subdivider is about to present to the City of Carlsbad for final approval a subdivision map covering property, a portion of which lying with- in the boundaries of District, pursuant to the provision of the Subdivision Map Act of the State of California and in compliance with the provisions of the ordinances of the City of Carlsbad relating to the filing and approval of subdivision map. ·(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 the District. Said plans and specifications were prepared by Rick Engineering Co., 5620 Friars Road, San Diego, California, 92110 and are identified as 11 Plans for the Improvement of Carlsbad Tract No. 73-29 (Carrillo Estates Unit No. 2)11 consisting of 19 sheets and are incorporated herein by reference. (c) No present commitment is required of the District as to water service to said subdivision lots. IT IS, THEREFORE, AGREED: 1. In consideration of the approval by the District of the plans and specifications for said subdivision known as Carlsbad Tract No. 73-29, Carrillo Estates Unit No. 2 Subdivider agrees to do and perform, or cause to be done and performed, at his own expense and without cost or liability to the District, all of the -1- "! ¥ : public work and improvement required to be done in and adjoining said subdi- vision in the construction of a complete water system to serve said property. Said work shall be done and performed in a good and workmanlike manner under the direction of and satisfactory to the 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 specifi- cations for pipeline construction adopted by the District. Subdivider 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 agreement will be completed on or before 365 calendar days from the date of this agreement. 3. Subdivider agrees to pay to District on demand the full amount of all District's cost incurred in connection with the work, including plan. checking, inspection, materials furnished, and all other expenses of the District directly attributable to the work, plus a reasonable amount for the District's overhead in connection therewith. Subdivider shall deposit with the District concurrently with the execution of this agreement the sum of $15,000.00 , being the estimated amount of District's expenses. Should the expenses incurred by the 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. 4. Until such time as all public improvements proposed to be construc- ted in said subdivision, including streets, curbs, drains, sewers, gas and utility lines, grading and the improvements required for the complete water system and necessary appurtenances as set forth in all of the agreements with the District 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 damage to the complete water system and necessary appurtenances for the proposed subdivision. No per- -2- manent water service to any parcel of land within the subdivision shall be allowed until the complete water system and appurtenances for the subdivi- sion have been accepted by the District. 5. Until such time as the work covered by the agreements with the District for the complete water system and appurtenances for the subdivi- sion have been finally accepted by the District and title thereto, together with all necessary easements and rights-of-way transferred to the District and accepted by the District, the District shall be under no obligation to furnish water to said subdivision (other than such construction water as may be delivered under a temporary service 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 complete water system and appurtenances thereto. 6. Subdivider, at the expense of Subdivider, shall furnish to the District any necessary easements, documents and title policy (policies) to insure title of all necessary easements in the record name of the Dis- trict. The District shall determine the acceptability of any necessary easements, documents and title policy (policies). 7. The acceptance of the work on behalf of the District shall be made by the Board of Directors of the District upon recommendations of District's Manager and 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 work that may prove defective in workmanship and/or materials within said one-year period without expense to the District. In the event of 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 the cost thereof on demand. However, in the event of an emergency, District is authorized to have the defects repaired, without notice, at the expense of Subdivider and Subdivider shall pay the cost thereof on demand. -3- 8. Subdivider shall, upon acceptance of the work by the District, provide the District with a statement showing the actual cost of construc- tion of the work contemplated herein and formally dedicate all facilities to the District. 9. Subdivider shall furnish and deliver to the District, at no expense to it, a surety bond written by a reliable surety company autho- rized to do business in the State of California, or other acceptable form of guarantee, in the penal sum of $201,000.00 , which bond or other ---'--------- form of guarantee shall insure the faithful performance of this contract by the Subdivider. Said bond or other form of guarantee shall also inure to the benefit of all persons entitled to the protection of the Mechanics Lien Laws of the State of California. 10. In the event it becomes necessary for the District to take legal action to enforce the terms of this agreement, Subdivider agrees that it will pay District reasonable attorney's fees and costs. IN WITNESS WHEREOF, this Agreement has been executed by Subdivider and on behalf of the District by the President of its Board of Directors. (SEAL) (SEAL) -4- COSTA REAL MUNICIPAL WATER DISTRICT BY:::;)~--,~~~~ Donald A. Macleod, President Board of Directors "District" SUBDIVIDER: B ~~~~~~~~~::_---4rl . Putnam, y Authorized Agent TO 1949 CA (8-74) (Agent of Partnership) 1J TITlE INSURANCE ■■■I AND TRUST t Ill a:: Ill :i:: Ill .J L ~ } ss. A 11COR COMMNY STATE OF CALIFORNIA COUNTY OF Orange On _______ --=J-=u'-'l'""'y'--8:..i,___,l..,,9c.::8::...l=-------------, before me, the undersigned, a Notary Public in and for said state, personally appeared -~G=e=-'o"-r,_g..,_,,,e'----'-R,._, • .___,Pc._;u,._,,t,_,n'-"a"'m"------------------ known to me to be the agent of the partnership that executed the within instrument and acknowledged to me that_ he_ executed the same for and on behalf of said partnership and that said partnership executed the same. WITNESS my hand and official seal. (This area for official notarial seal)