The URL can be used to link to this page

Home My WebLink AboutCC&F PALOMAR PROPERTIES INC; 1976-11-03;. ~ AGREEMENT FOR CONS TRUCTION OF WATER SYSTEM TO SERVE SUB DIVI SI ON LANDS AND FOR PER FORMANCE BOND CABOT, CABOT AND FORBES PALOMAR AIRPORT BUSINESS PARK CARLSBAD TRACT 73-49 UNIT NO . 2 THIS AGREEMENT is made this 3rd day of November, 1976 between CARLSBAD MUN I C I PAL WATER D I ST RI CT , h e re i n aft e r cal l e d 11 Di s tr i ct 11 , and CC&F Palomar Properties, Inc., a California Corporation hereinafter called 11 Subdivider 11 , in view of t he 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 within 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 sp ecifications were prepared by William B. Rick, R.C.E. 9416 and are identified as 11 Plans for the Improvement of C.C.& F. Palomar Airport Busines Park -Unit No. 2 -Tract 73-49 11 consisting of 8 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: l. In consideration of the approval by the Di st rict of the plans and specifications for said subdivision kno wn as Carlsbad Tract 73-49, Palomar Airport Business Park -Unit No. 2 Subdivider agrees to do and perform, or cause to be done and performed, at his own e x pense and without cost or liability to the District, all of the ~ EXHIBIT Lj '6 1)' [g@[g O\Yl [§ TI CDoEPO. - l -~ SB>301QR? = :.),J3J~L/ PG. L-j -MARIJANE MORALES N.P COSTA REAL MUNICIPAL WA.TER DISTRICT I . publi'c work and improvement required to be done in and adjoining said subdivision 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 confbrmity and in acco0dance with the plans and specifications covering said work and the general specifications covering said work and the general specifications 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 directlj attributable to the work, plus a reasonable amount for District's overhead in connection therewith. Subdivider shall deposit with the District concurrently with the execution of this agreement the sum of $6,000.00 , 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 constructed 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. - 2 - No permanent water service to any parcel of land within the subdivision shall be allowed until the complete wa t er system and appurtenances for the subdivision 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 subdivision 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 unper 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 e xpense 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 District. 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 1 s Manager and District 1 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 (l) year from acceptance, all of the work covered by thi s agreement, and shall repair and replace any and all work that may prove defective in workmanship and/or materials with- in 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 acce pt ance of the work by the District provide the District with a stateme nt showing the actual cost of construction 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 authorized to do business in the State of California, or other acceptable form of guarantee, in the penal sum of $138,000.00 , which bond or deposit shall insure the faithful performance of this contract by the Subdivider. Said bond or deposit 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 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) CARLSBAD MUNICIPAL WATER DISTRICT BY: Fred W. Maerkle, President Board of Directors "District" -. SUBDIVIDER: CC&F Palomar Properties, Inc., a California Corporation -4 -