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HomeMy WebLinkAboutERIC WAITE; 1989-03-15;, ..... , ..... •'' ( 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 1 •' ·• ( 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 2 ' , I ~ 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 3 • • t • \ ~ , 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 4 (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. 5 ------ --- ------ 1· "' 150' N LAS CASITAS TERRAZA (TENTATIVE) EXHIBIT A LA COSTA RESERVOIR SITE PLAN _. / / / / / ./ / / / / / / / / / / / / -- / / / / / / / 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 6 .. · ..... 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: 7 . ' ... To DEVELOPER To DISTRICT 9. Benefit and Burden. .. 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 I 8 . . . , .. ,• l 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 9 , . ,1 •• ,, •! 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 10 COSTA REAL MUNICIPAL WATER DISTRICT irectors