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HomeMy WebLinkAboutFinancial Scene - Pacific Scene Inc; 1972-06-07;--------------- ., . . e AGREEMENT FOR CO NSTRUCTIO N OF WATER SYSTEM TO SERVE SUBDIVISION LANDS AND FOR PERFORMANCE BO ND Alta Mira Carlsbad Tract 72-2.l TH I S AGRE EM ENT i s ma de th i s 7 day o f < )a 11 e._) / 9,72 between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called "District 11 , and Financial Scene -Pacific Scene, Inc., 2032 -Garnet, San Diego, California -----------------:---------------------' 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 within the boundaries of District, pursuant to the pro- vision of the Subdivision Map Act of the State of California and in compliance with the provisions of the ordinances of the ______ _ _ C_i_t_y_o_f_C_a_r_l_s_b_a_d _______ relating to the filing and approval of -~ubdivision map. {b) Plans _ and specifications for the construction 6f 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 William B. Rick, R.C.E. 9416 and are identified as Plans for the improvement of Lowder Lane, Camino Del Parque, Caminito Del Sol, Caminita Del Mar, & Caminita Del Reposo, in ------------------------------------' Carlsbad Tract 72-2.l consisting of 11 sheets and are inc orporated herein by reference. --- {c) No present commitment is·· required of the District as to wa~ ter or sewer service to said subdivision lots. IT IS, THEREFORE, AGREED: 1. In consideration of the approval by District of the plans and specifications for said subdivision known as: ---------- Alt a Mira Carlsbad Tract 72-2.l Subdivider agrees to do and perform, or cause to be done and per- formed, at his own expense ind without cost or liability to District, all of the public work and improvement required to be done in and ad- joining said subdivision in the construction of a compl~te water sys- -1 - .. -·--· ------ Sheet 2 of 4 Agreement for_:_ Alta Mira Car l sbad tern to serve said property. Said work shall be done and performed in a good and workmanlike manner under the direction of and satis- 1actory to District, all in strict conformity and in accordance with the plans and specifications covering said work and the gen- eral specifications covering said work and the general specifica- tions for pipeline construction adopted by 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 __ 3_6_5_D_a~y_s_·. _____ _ ·3, Subdivider agrees to pay to District on demand the full amount of all District's costs incurred in connection with the work, including plan checking·~ inspection, materials furnished, and all other expenses of District directly attributable to the work, plus a reasonable amount for District's overhead in connec- tion therewith. Subdivider shall deposit with District concur- rently with the execution of this agreement the sum of $4,050.00 being the estimated amount of District's expenses. Should the ex- penses incurred by District be in excess of safd deposit, Subdivi- der shall pay the amount of such excess to District on demand. Should District's expenses be less than the amount deposited, Dis- . trict 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, etc., shall have been com- pleted 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 within the proposed subdivision. No permanent water service to any parcel of land within the subdivision shall be allowed until after acceptance by the District. - 2 - : ... Sheet 3 of 4 Agreement for_:_ Alta Mira Carlsbad 5. Until such time as the work covered by this agreement has been finally accepted by District and title hereto, together with all necessary easements 'and rights of way, transferred to District, District shall be under no obligation to furnish water to said sub- division, (other than such construction water as may be delivered under a temporary service agreement with Subdivider). No improve- ments which may be constructed within the Subdivision shall be per- mitted to be occupied until the District has finally accepted the water system. 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 District. The District shall determine the accepta- bility of any necessary easements, documents and title policy (pol- icies). 7. 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 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 agree- ment, and shall repair ~nd replace any and all work that may prove defective in workmanship and/or materials withi~ said one-year per- iod 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. 8. Subdivider shall, upon acceptance of the work by District, provide District with a statement showing the actual cost of con- struction of the work contemplated herein and formally dedicate all facilities to the District. 3 - -· ------·--------·-_._.__,-=-·--=<.--·· ~- Sheet 4 of 4 Agreement for: Al ta Mira Ca r l sbad 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, ot other acceptable form of guarantee, in the penal sum of $83,000.00 which bond or deposit shall insure the faithful performance of this contract by 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. 0 . IN WITNESS WHEREOF, this Agreement has been executed by Sub- divider and on behalf of the District by the President of its Board of Directors. ( S-EAL) (SEAL) CARLSBAD MUNICIPAL WATER DISTRICT BY:~-~-'----~-~---"'--' Ilk/I~_ . Fred W. Ma ~ e, President Board of Dt'i r.ectors 11 District 11 SUBDIVIDER: - 4 - '.