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Home My WebLink AboutPraver Bros Investments; 1973-03-27;2 L< . .-.... � � AGREEMENT FOR CONSTRUCTION. OF WATER SYSTEM TO SERVE SUBDIVISION LANDS AND FOR PERFORMANCE BOND Carlsbad Tract 72-33 2500 Navarra Resubdivision of Lots 46-52 of La Costa South No. 1, Map 6117 THIS AGREEMENT is made this 2 zd day of MArc:.h /973' between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called 11District 11 , and Praver Bros. Investments -9744 Wilshire Blvd, Suite 203, Beverly Hills, California hereinafter called 11Subdivider11, 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 City of · Carlsbad relating to the filing and approval of subdivision map. (b)Plans and specifications for the construction of the water system fo� said subdiyision have been prepared and have been approved by_ the Board of Dir�ctors of District. Said plans and specifications were prepared by Toups Engineering, Inc. -signed by Richard G. Grabhorn, R.C.E. 19375 and are identified as Water System Plan for 2500 Navarra consisting of 3 sheets and are incorporated herein by reference. (c)No present commitment is required of the District as to w�- 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: Carlsbad �� Tract No. 72-33 Subdivider agrees to do and perform, or cause to be done and per formed, at his own expense and 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 complete water sys- - l -R[C'O CA,�\�r��o r1�-�N !l�tAL AUG 1773 /i-\ ':::, "<:"\ 'd-' -- Sheet 2 of 4 Agreement for-:� tern to serve said property. Said work shall be done and performed in a good and workmanlike manner under the direction of and satis- factory 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 al.l 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 t inspection, �aterials furnished, and all other expenses of District directly attributable to the work, plus a reasonable amount for District's overhead in connec-' tion ther�with. S�bdivider shall deposit with District concur rently with the exe�ution of this agreement the sum of $1,000.00 being the estimated amount of District's expenses. Should the ex penses incurred by District be in excess of said 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 ref�nd 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-:� 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 n�cessary 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 and replace any and all work that may prove defective in workmanship and/or materials within 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 - �' .... - ,-._ ,.-.,._ r' ,......... Sheet 4 of 4 Agreement for: 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, or other acceptable form of guarantee, in the penal sum of $18,000.00 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, Su�divider agrees that it will pay District reasonable attorniy 1 s fees and costs. IN WITNESS WHEREOF, this Agreement bas been executed by Sub divider and on behalf of the District by the President of its Board of Directors. CARLSBAD MUNICIPAL WATER DISTRICT '· - ':--t .S·F AL } (SEAL} � SUBDIVIDER: 2500 NAVARRA INVESTMENTS, A LIMITED PARTNERSHIP BY: ---------,.�------ BY:� PTa;t�er Praver Brc{s :, Investments, A Partnership General Partner - 4 -�}-,\ '\d- BY·~~esident .· . Fred W. oli rectors ,, Board of nDistrict \ vdL , ,~~~--x