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HomeMy WebLinkAboutPRL Properties Management Inc; 1984-12-14;AGREEMENT I WATER SYSTEM IMPROVEMENTS AGREEMENT REGARDING CARLSBAD TRACT 83-25 0jA 7 •<CAMINO HILLS ~ Relocation of 12-Inch Waterline in Camino Hills Drive and Reimbursement for 12-Inch Waterline in Camino Hills Drive This Agreement is entered into on jh^Jl^yrz.~&Jr j / » 19 between COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter "DISTRICT") and PRL PROPERTIES MANAGEMENT, INC. (hereinafter "DEVELOPER") with respect to the following: A. DEVELOPER will be presenting the map identified as "Carlsbad Tract No. 83-25 - Camino Hills" (the "subdivision") to the City of Carlsbad for final approval under the Subdivision Map Act of the State of California and 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. J. Edwards Co., of Escondido, California, has prepared plans and specifications for the construction of the system and all offsite facilities necessary to provide water service to the subdivision, which includes the relocation of the existing 12-inch waterline as illustrated by the diagram which is attached hereto as Exhibit "A" and incorporated herein. The plans and specifications are identified as "Improvement Plans and Profiles for: Carlsbad Tract No. 83-25 - Camino Hills" consisting of 13 sheets, and are incorporated herein by reference ("plans"). The plans and specifications for the 12-inch -1- ) waterline relocation improvements, which are the subject of this Agreement, are set forth on sheets 1, 2, and 3 of those plans ("improvements"). The DISTRICT Board of Directors has approved the plans. C. No present commitment is required of the 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 the construction by developer of the water system improvements described below, the undersigned agree as fol1ows : 1. DEVELOPER agrees to construct, or cause to be constructed, all of the water system improvements set forth in the plans as described above, being the relocation of the existing 12-inch steel water main to the proper horizontal and vertical alignment to be in a suitable location for the new Camino Hills Drive. The new waterline will be approximately 1,849 feet of 12-inch water main. The improvements shall be completed within one (1) year from the date of this Agreement. The improvements 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 shall be constructed in accordance with 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 at its sole cost and expense, and without any cost or expense to the DISTRICT. 2. The DEVELOPER will coordinate the entire construction program with the DISTRICT so as to avoid disruption of service by the existing water system facilities and there will be complete coordination in the ultimate abandonment of the existing facilities. -2- 3. The DISTRICT agrees to reimburse the DEVELOPER the total actual construction costs for all of the water main facilities less the portion that is a direct benefit to the developer. Exhibit "A" delineates the portion of the project that is eligible for reimbursement from the DISTRICT. 4. The DEVELOPER will submit all financial records of costs incurred for the entire water main construction project and upon review, the DISTRICT will make the final determination, reasonably and in good faith, as to the total construction cost which is to be reimbursed to the DEVELOPER. 5. The DISTRICT will make the payment required by this provision within thirty (30) days after its acceptance of the dedication by the DEVELOPER of the water system improvements described above. 6. Inspection Fees and Deposits. 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 fees and costs shall be charged in accordance with the DISTRICT'S standard practice. DEVELOPER shall deposit with the DISTRICT the sum of $5,000.00, being the estimated amount of the DISTRICT'S expenses, at the time this Agreement is executed. Should the DISTRICT'S expenses be in excess of the deposit, DEVELOPER shall pay the excess expenses to the DISTRICT on demand. Should the DISTRICT'S expenses be less than the amount of the deposit, the DISTRICT shall refund the balance to DEVELOPER upon completion of the work and its acceptance by the DISTRICT. 7. Dedication and Acceptance of Improvements. Upon completion of the improvements in accordance with the plans, as determined in good faith by the DISTRICT'S Manager and the DISTRICT'S Engineer, -3- DEVELOPER shall dedicate, and the DISTRICT shall accept, the improve- ments as the public property of the DISTRICT. The DISTRICT shall be under no obligation to accept the improvements as public property of the DISTRICT until such time as the following acts have occurred: (a) All public improvements proposed to be constructed in said subdivision, including but not limited to, streets, curbs, drains, sewer, gas and utility lines and the improvements required for the complete water system and necessary appurtenances thereto, as set forth in this Agreement and the related agreements, shall have been completed as determined reasonably and in good faith by the DISTRICT'S engineer. (b) DEVELOPER, at its own expense, provides to the DISTRICT all documents and title policies necessary to vest and insure record title in the DISTRICT 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. The DISTRICT'S Board of Directors shall accept the dedication on behalf of the DISTRICT upon the recommendation of the DISTRICT Manager and DISTRICT Engineer. t 8. Interim Maintenance of Improvements. DEVELOPER shall be responsible for the care, maintenance and repair of all damage to the improvements constructed under this Agreement until such time as all water system public improvements to be constructed under this and the related agreements between DEVELOPER and the DISTRICT have been completed and dedication thereof has been accepted by the DISTRICT. 9. Guara a period of one (1) yea nty of Work and Materials. DEVELOPER guarantees, for (1) year after the DISTRICT accepts dedication thereof, -4- that the improvements 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 within 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. 10. Water Service and Occupancy Upon Completion. 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 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 limit DEVELOPER from requesting, or the DISTRICT from providing, temporary water service to the subdivision to be used during construction. However, at the discretion of the DISTRICT'S Board of Directors, other temporary water services may be allowed under terms and conditions agreed to between the DISTRICT and DEVELOPER. 11. Bond or Other Guaranty. DEVELOPER shall furnish and deliver to the DISTRICT a performance guaranty in the penal sum of $80,000.00 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 authorized to do business in -5- the State of California, or such other form of written guaranty as is acceptable to the DISTRICT, who shall not unreasonably withhold its approval. The bond or other form of guaranty shall be for the benefit of 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. 12. Noti ces. 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: To DEVELOPER: Mr. Art Anderson PRL Properties Management, Inc. P.O. Box 2138 Carlsbad, California 92008 To DISTRICT: William C. Meadows, General Manager Costa Real Municipal Water District 5950 El Camino Real Carlsbad, California 92008 13. Benefit and Burden. This Agreement shall 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. The DISTRICT and the City of Carlsbad have settled this lawsuit. The parties hereto agree that their rights and obligations under this Agreement are subject to the judgment, judicial declaration, settlement or other determination made in the above-described legal proceeding on June 29, 1983. -6- 14. Severabi1ity of Provisions. The invalidity or 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. 15. Waiver or Amendment. 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. 16. Governing Law. This Agreement and any amendments hereto shall be governed by, construed and enforced in accordance with the laws of the State of California. 17. Construction and Interpretation. This Agreement contains the entire understanding and agreement of the parties as to the offsite improvements portion of the water system for the subdivision, and supersedes all prior agreements, statements, discussions, representations and understandings pertaining to that water system. 18. Attorney'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. 19. Authority to Sign. The individuals who sign this Agreement on behalf of the undersigned corporation and municipal water district -7- warrant that they have the authority and approval to do so on behalf of such corporation and municipal water district. PRL PROPERTIES MANAGEMENT, INC. A r, \ COSTA REAL MUNICIPAL WATER DISTRICT N.M. AT mack.President Board of Di rectors -8- 77/-<i£r //v-S". -e: ; RELOCATIQfsIy-, K" /COO © 36-5Z ^ S//V7£-/e^. g-f-o/.ao \ . 370-50' \ N^^ \ V-. V .-A (3 rl ^>XN rxN NN N NXNN XN" >NX>r VNX-^.' ^L/=4'^ T>. MJ=l,SftS- J N . . Xf 1"" HILLS D/e. ^jo . OF LIKE- ? OU/A/Eff TOTAL g_M/r CAMIfiJQ HILL'S DC? O+OO ; 407+67.65 IWDICATES NEW 12" W. L.LOCATONJ INDICATES EVl^T. 12" W.L. TO <2>E. ........ INDICATES EVJST. W. L-* TO STAYIN SERVICE.F.F. REIMURSEMENT . TO .R R.L . PROP'S • EXHIBIT "A " 12" USAT£# i/Ue f?£LOC4TIOf^l j*J CAM '/A/O CMUD 83 STATE OF CALIFORNIA ) COUNTY OF Orange ) On this 12th day of December , 1984 , before me the undersigned, a Notary Public in and for said County and State, personally appeared Neal L. Witt , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as Attorney-in-Fact of . Capital Bond and Insurance Company and who being by me duly sworn, did depose and say: that he/she is Attorney-in-Fact of Capital Bond and Insurance Company , the Corpor- ation described in and which executed the foregoing instrument; that he/she knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to him/her in accordance with the By-Laws of the said Corporation and that he/she subscribed the name of Capital Bond and Insurance Company as Surety and his/her own name as Attorney-in-Fact. cacsaooo ooooooooiOFFICIAL SEAL D (Notary DOLORES GONZALEZ NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY Ccinmission Exp. July 17, 1987 o BOMD NO.0009 35 . $2,400. CAPITAL BOND AND INSURANCE COMPANY 4184 ORANGE STREET, RIVERSIDE, CALIFORNIA 92501 (714) 781-2100 PERFORMANCE BONO KNOW ALL MEN BY THESE PRESENTS: That PRL PROPERTIES MANAGEMENT, INC. CAPITAL BOND AND INSURANCE COMPANY, as Surety, are held and firmly bound unto COSTA REAL MUNICIPAL WATER DISTRICT .as Principal, and .as Obligee, in the full and just sum Eighty Thousand dollars and no/1QQths Dollars<s Rn,nnn.of. lawful money of the United States, to the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, The Principal has entered into a written contract dated with the Obligee for Relocation of 12-inch feterline in Cam-inn Hills and Reimbursement for ___ 12-inch tfaterline in Camino Hi 11 a to the same exte<-r as if copied at length herein. , P-ar-lsbad Tract 83-25i Camino Hills which contract is hereby referred to and made a part heree* as fully and NOW, THEREFORE. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH. That if the above bounden Principal srall well and truly keep, do ar<3 serform. each and every, all and singular, the matters and things in said contract set forth and specified to ^e by the said Principal kept. "ne and performed at the time and in the manner in said contract specified, and shall pay over, make good a,"d reimburse to the above narred Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal. then this obligat on shall be void; otherwise, to be and remain in full force and effect. signed, sealed ard dated December 12,1984 Jk&(Witness) PRL PROPERTIES MANAGEMENT. INC. f\ jDrin««;n<tll CAPITAL BOND AND INSURANCE COMPANY (Surety! By JtaulA-tir&— (Seal) (Title) Neal L. Witt,A^orney-ln-Fact FS-57 i5/81) CAPITAL BOND AND INSURANCE COMPANY GENERAL POWER OF ATTORNEY HOME OFFICE — RIVERSIDE KNOW ALL MEN BY THESE PRESENTS, that CAPITAL BOND AND INSURANCE CO., a Corporation duly organized and existing under the laws of the State of California, and having its principal office in the City of Riverside, California, pursuant to the By-Laws which were adopted by the Directors of the said Company and are now in effect, which state that: "The Company President shall have power and authority to appoint Attorneys-ln- Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, contracts of indemnity, and other writings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint, subject to provisions and limitations herein set forth _ _ NEAL L. WITT _ of _ ANAHEIM, CALIFORNIA _ its true and lawful agent and attorney-in-fact to make, execute, seal and deliver as surety, and as its act and deed, bonds and undertakings, contracts of indemnity, and other writings obligatory in the nature thereof. The authority of such Attorney-in-Fact is not to exceed ON ANY ONE RISK _ EIGHTY THOUSAND AND NO/100THS ------------------------- Dollars $80.000. _ And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. IN WITNESS WHEREOF, CAPITAL BOND AND INSURANCE CO., has caused these presents to be signed by its duly authorized officer, and its corporate seal to be hereunto affixed this 12th _ day of n^cember , 19_8Ji__ CAPITAL BOND AND INSURANCE CO., L Resident STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ON this 12th day of _ December _ A.D. 19 84 , before the subscriber, a Notary Public of the State of California, in and for the County of Riverside, duly commissioned and qualified, came Tony Jimenez, Jr., President of CAPITAL BOND AND INSURANCE CO., to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledges the execution of the same and being by me duly sworn, deposed & said that he is the officer of said Company, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, & said Corporate seal & his Signature as officer were duly affixed & subscribed to the said instrument by the authority & direction of said Corporation, & that the By-Laws of said Company, referred to in the preceding instrument are now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of Riverside, the day and year first above written. OFFICIAL SEAl GEORGE E. SPRENG NOTARY PUMJC - CALIFORNIA HHNCM>AL OFFICE IN LOS ANGELES COUNTY Mr CamnwJon Exp. Sept 25,1984