HomeMy WebLinkAboutERIC WAITE; 1989-03-15;, ..... , ..... •''
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WATER SYSTEM IMPROVEMENTS AGREEMENT
REGARDING
This Agreement
LAS CASITAS TERRAZA
CARLSBAD TRACT NO. 85-16
is entered into on ~t.d/ /a ------------------.... --., 198L,
between COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter
"DISTRICT") and ERIC WAITE (hereinafter "DEVELOPER") with respect
o the fol lowing:
A. DEVELOPER is about to pre~ent the map identified as
"Carlsbad Tract No. 85-16 Las Casitas Terraza" (the
"subdivision") to the City of Carlsbad for final approval under
the subdivision Map Act of the State of California and represents
that DEVELOPER is in compliance with the provisions of the City
of Carlsbad's ordinances applicable to the filing and approval of
subdivision maps. The property encompassed by the subdivision
lies within the boundaries of the DISTRICT.
B. O'Day Consultants of Carlsbad, California has prepared
plans and specifications for the construction of the water system
and grading plans necessary to provide water service t~ the
subdiv\sion. The plans and specifications are identified "Plans
for the Improvement of Las Casitas Terraza, Carlsbad Tract 85-16
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and Grading Plans for Las Casitas Terraza, Carlsbad Tract 85-16"
consisting of seven sheets and three sheets sequentially and are
incorporated herein by reference ("pl~ns"). The plans and
specifications for the water improvements and grading which are
the subject of this Agreement, are set forth on all sheets of
those plans ("improvements").
has approved the plans.
The DISTRICT Board of Directors
C. No present commitment is required of ~he District as to
water service to the lots in the above described subdivision.
NOW, THEREFORE, in consideration of the covenants,
conditions, and promises set forth below, and of the approval of
the plans by the DISTRICT, the undersigned agree as follows:
1. DEVELOPER
agrees to construct and grade or cause to be constructed and
graded, all of the wa·ter improvements set forth in the plans as
described above within one (1) year from the date of this
Agreement. The improvements and grad~ng shall be constructed in
a good and workmanlike manner under the direction of and subject
to the approval of the DISTRICT, which approval will be exercised
in good faith and will not be unreasonably withheld. The
improvements and grading shall be constructed in accordance with
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the plans approved by the DISTRICT and in conformity with all
other applicable standards for pipeline construction which have
been adopted by the DISTRICT. DEVELOPER shall construct the
improvements and grading at its sole cost and expense, and
without any cost or expense to the DISTRICT.
2. Ins E~ ':.!.!~!!.-fees •• ape!_ Co~-DEVELOPER agrees to pay to
the DISTRICT, on demand, the full amount of all costs incurred by
the DISTRICT in connection with the work to be performed under
this Agreement including, but not limited to, engineering plan
checking, construction inspection, right-of-way expenses,
materials furnished, and a reasonable amount for the DISTRICT's
indirect costs and overhead in connection with this project. The
fee shall be in accordance with the District's Ordinance 29
approved June 15, 1988. DEVELOPER shall remit with the DISTRICT
the fee of $ l,o49 .oo being the estimated amount of the
______________ ,
DISTRICT expenses, at the time this Agreement is executed.
Upon completion of the improvements and grading in accordance
with the plans, as determined in good faith by the DISTRICT's
Manager and the DISTRICT's Engineer, DEVELOPER shall dedicate,
and the DISTRICT shall accept, the improvements and grading as
the public property of the DISTRICT. The DISTRICT shall be under
no obligation to accept the improvements and grading as public
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property of the DISTRICT until such time as the following acts
have occurred:
(a) All public improvements and grading proposed to
be constructed in said subdivision, including but not limited to,
streets, curbs, drains, sewer, gas and utility lines and the
improvements and grading required for the complete water system
and necessary appurtenances thereto, and meeting all conditions
of the grading plan and letter of permission to grade as set
forth in this Agreement, shall have been completed as determined
reasonably and in good faith by the DISTRICT's Engineer.
(b) DEVELOPER, at his awn expense, provides to the
DISTRICT all documents and title policies necessary to vest and
insure record title to the public, either DISTRICT and/or City to
all easements and/or rights-of-way necessary to the ownership and
maintenance of the improvements. DISTRICT shall have the right
to approve the acceptability of said easements, documents and
title policies, which approval shall be exercised in good faith
and shall not be unreasonably withheld.
(c) DEVELOPER provides to the DISTRICT a statement
setting forth the actual cost of constructing the improvements.
(d) DEVELOPER, at his own expense, shall disclose in
writing to all purchases of any property within the development
and shall include in any sale or escrow agreement disclosure of
the fact that the DISTRICT intends to construct a forty five foot
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(45') high water storage tank reservoir on DISTRICT property
located contiguous to and on the southerly side of the
development together with a site plan showing its proposed
location (See attached Exhibit "A" site plan attached hereto and
made a part hereof). The disclosure statement shall notify
prospective buyers that the proposed storage tank reservoir will
obstruct views from new development units. The DEVELOPER
understands and agrees the sole intent of this provision is to
make the prospective home buyer aware of this condition prior. to
purchasing property in the developement.
The DISTRICT's Board of Directors shall accept the
dedication on behalf of the DISTRICT upon the recommendation of
the DISTRICT Manager/DISTRICT Engineer.
4.
responsible for the care, maintenance and repair of all damage to
the improvements and grading constructed under this Agreement
until such time as all water system public improvements and
grading to be constructed under this Agreement between DEVELOPER
and the DISTRICT have been completed and dedication thereof has
been accepted by the DISTRICT.
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LAS CASITAS TERRAZA
(TENTATIVE)
EXHIBIT A
LA COSTA RESERVOIR
SITE PLAN
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CRM'w'D 85-C. 107
for a period of one (1) year after the DISTRICT accepts
dedication thereof, that the improvements and grading shall be
free of any defects in materials and/or workmanship. DEVELOPER
shall repair or replace, without cost to the DISTRICT, any defect
in workmanship or materials which occurs within that time. The
DISTRICT shall notify DEVELOPER in writing of any such defect.
DEVELOPER shall begin repairs within ten (10) days after receipt
of such notice, and shall proceed expeditiously to complete the
repairs within a reasonable time. Should DEVELOPER fail to begin
repairs w~thin that time, the DISTRICT is authorized to have the
defects repaired at the expense of DEVELOPER, and DEVELOPER shall
pay the cost of such repairs upon written demand by the DISTRICT.
In the event of an emergency, as determined reasonably and in
good faith by the DISTRICT's Board of Directors, Manager or
Engineer, the DISTRICT is authorized to have the defect causing
the emergency repaired, without notice, at the expense of
DEVELOPER, and DEVELOPER shall pay the cost thereof upon written
demand by the DISTRICT.
6. There
shall not be any permanent water service provided to any parcel
of land within the subdivision, nor shall occupancy of any
permanent improvement within the subdivision be permitted, until
the DISTRICT has accepted dedication of the complete water system
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and grading operations for the subdivision and title to all
improvements, appurtenances, easements and rights-of-way which
are a part of such system. This provision does not 1 imit
DEVELOPER from requesting, or the DISTRICT from providing,
temporary water service to the subdivision to be used during
construction. Other temporary water services may be allowed
under terms and conditions agreed to between the DISTRICT and
DEVELOPER.
7. DEVELOPER shall furnish and
deliver to the DISTRICT a performance guaranty in the penal sum
of §_~6,220.0o __ • to insure faithful performance by DEVELOPER of all
obligations under this contract. The guaranty shall be in the
form of a performance bond issued by a reliable surety company,
as determined by DISTRICT, authorized to do business in the State
of California, or such other form of written guaranty as is
acceptable to the DISTRICT, and all persons or entities entitled
to the protection of the California Mechanics Lien Law in
connection with the construction of the improvements governed by
this Agreement.
8. Notices. All notices or other communications required
or permitted under this Agreement shall be sent by registered or
certified mail, return receipt requested, postage prepaid,
addressed as follows:
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To DEVELOPER
To DISTRICT
9. Benefit and Burden.
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Eric Waite
7740 El Camino Real, Suite H
Carlsbad, California 92009
Robert J. Greaney, P.E.
General Manager/District Engineer
Costa Real Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
This Agreement shal 1 inure to the
benefit of, and the obligations created hereby shall be binding
upon the heirs, successors and assigns of the parties hereto.
The DISTRICT acknowledges that there did exist a dispute between
it and the City of Carlsbad as to which entity has the right to
provide retail water service to this subdivision, among others,
and the right to hold legal title to all public improvements
necessary to provide such service. The DISTRICT filed an action
for declaratory relief in the North County Branch of the Superior
Court of the State of California for the County of San Diego,
case no. N20027, to resolve that dispute.
City of Carlsbad have settled this lawsuit.
The DISTRICT and the
The parties hereto
agree that their rights and obligations under this Agreement are
subject to the judgement, judicial declaration, settlement or
other determination made in the above-described legal proceeding
on June 29, 1983.
1 0. ~~X~£~ki!i!z_£f_f££Xi~i£n~-The invalidity or
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illegality of any provision of this Agreement shall not affect
the validity or enforcement of the remainder of this Agreement.
If any provision or term hereof is found to be invalid or
unenforceable, the rest of the Agreement shall remain in full
force and effect as though the invalid or unenforceable provision
was not a part of the Agreement.
11. No provision of this Agreement,
nor any breach hereof, can be waived unless in writing. Waiver
of any one breach of any provision hereof shall not be construed
as a waiver of any other breach of the same or any other
provision hereof. This Agreement shall be amended or modified
only by a written agreement signed by the party to be charged
with the amendment.
12. This Agreement and any amendments
hereto shall be governed by, construed and enforced in accordance
with the laws of the State of California.
This Agreement
contains the entire understanding and agreement of the parties as
to the construction of the complete water system and grading for
the subdivision, and supersedes all prior agreements, statements,
discussions, representations and understandings pertaining to
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that water system.
14. Attorpey's_fees. The prevailing party in any action at
law or in equity, including arbitration, brought to enforce or
prevent the breach of this Agreement, or any provision hereof,
including but not limited to any action for injunctive or
declaratory relief, shall be entitled to attorney's fees and
costs incurred in such action, including those incurred in any
appeal.
15. The individuals who sign this
Agreement on behalf of the undersigned individual and municipal
water district warrant that they have the authority and approval
to do so on behalf of such individual and municipal water
district.
By
ric Waite,
wner/Developer
CRMWD 85-C-107
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COSTA REAL MUNICIPAL
WATER DISTRICT
irectors