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Home My WebLink AboutSEQUOIA PACIFIC REALCO; 1972-02-02;.. >-'.c---'"'-- "'-. AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SUBDIVISION LANDS AND FOR PERFORMANCE BOND THIS AGREEMENT is made this 2nd da.y of FEBRUARY between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called "Di stri ct11 , and SEQUOIA PACIFIC REALCO hereinafter called 11Subdivider 11 , ·in view of the fo11owing 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 provision of the Subdivision Map Act of the State of California and in compliance with the provisi6ns of the ordinances of the City of Carl sba.d relating to the filing and approval of sub- division maps. (b)Plans and specifications for the construction of 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 SALKIN ENGINEERING CORPORATION and are identified as STREET IMPROVEMENT PLANS cons is ting of _4_ sheets and are incorporated herein by reference. ( c)No present comn1itment is required of the District as to water or iewer service to said .subdivision lots. IT IS, THEREFORE, AGREED: 1.-in consideration of the approval by District of the plans and speci.fications for said subdivision known as: CARLSB AD Tract '71-2 ____ , Subdivider agrees to do and perform, or cause to be done and performed, at his own expense and without cost or liability to District, all of the public work and improvement required to be done - 1 - ;·, .1 .. ,, 11 -7i 111� I , ,- -. ••.• '-'Jg...-., .... >v .. ,:;q.r-�-:r:-..--.;---·.:- --�-�-......... _.,_ ... '>:"�--.... ;-;',.-•. .., .... ...... , � �._;-...:rt.:.C. .. -tl.1;.;. .. �,.-. ,t .. J!·(l • in and adjoining sai� subdivision in the construction of a complete water system to serve said property. Said work shall be done and performed in a good and workmanlike manner under the direction of and satisfactory to District, all in strict confo11nity and in accor-· dance with the plans and specifications covering said work and. the general specifications covering said work and the general spe�i fications for pipeline construction adopted by District. Subdivider will furnish all necessary material� and-labor required in said work and will pay and discharge all bills and claims arising out of the performance of said 11rnrk. 2.Subdivider agrees that all of the 1:1ork cov�rrrd ':JY this agreement wi 11 be completed on or before January 31, 1973: 3; Subdivider agrees to pay to District on demand the full amount of all District's costs incurred in connection with the work p 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 con nection therewith. Subdivider shall deposit �\lith District con- curr@ntl.V \>Jith the execution of this ag reement the sum of '' ·$1 �000.00 being the estimated amount of District's expenses.14'iShou1d trfe expenses incurred by District be in excess of said deposit. Subdivider shall pay the amount of such excess to District on demand. Should District's eipenses be less than the amount deposited, District shall refund to Subdivider the diHerer:::e upon completion of the work and its acceptance by District. 4.Until such time as all public improvements pro;iosed to ::ie constructed in said subdivision. including stieets, curbs. drg�ns. sewers, gas and utility lines, grading, etc., shall have been completed and accepted by District and all oth�r public authorities having jurisdiction, Subdivider shall be res�onsible fG· the ca re, ') -L - ·' . :-. !; ....... 1, ,! •. . ,·.:,.·r'.� • . --.,a _:� i :� C """ \-,,,, . ,.---:, ... _ .. -�:�::��·��-��-:� ... F'f;�z::w_ij2zt�i:.:.·.:i�_ �� -� maintenance of, and any damage to the water mains or water system witldn the proposed subdivis.ion. No permanent water service to any parcel of land t<Jithin the subdivision shall be allowed until after acceptance by th� Districti 5.Unit1 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 rio obligation to furnish water to said subdivision, (other than such construction water as may be delivered under a temporary service agreement with Sub divider). No i mprovell'2nts which may be constructed within the Subdivision shall be permitted to be occupied until the District has fi�ally ac cepted the water system·. 6.Subdivider, at the expense of Sub divider, shall furnish to . the District �ny necessary easements, docum2nts and title policy (policies) to ·insure title of all necessary easements in the record name of the District. The District shall determine th� acceptability of any necessary easem!!nts, documents and title policy '{poli.:..ies). 7. The acceptance of the.work on behalf of the District shall be made by the Board of Di rectors of District upon recorlll'Tl2ndat ions· of District's Manager and District 1 s Engineer. Such acceptance shall not tonstitute a waiver by District of any defects in the_work. Subdivider, by this agreement, guarantees for a period of one ( l) year from acceptance, all of the work covered by this agreement, and 5'·al1 repair and replace any and all work that may prove defective i ri workmanship and/or materials within said one-year period witnout expense to the o·istrict. In the event of failure to comply with the provisions of the quarantee within ten (10) �ays after notice in writing, District is authorized to have the defects r€µ,::red and made good at the expense of Subdivider, and Subdivider s1al l pay the cost thereof on demand. - 3 - J ,1 .• \J :,i .. •• .. ··• • • '.'" ... t":::.: . ..:.:...r.;::,:..!i� �;..;:...� ..... ��. � ..• .,. ·:v1,1;,,..._-�,-1:,,.,-:..t · . ., � 8.Subdivider shall, upon acc�ptance of the work by District, provide District with a statement sho\.'Jing the actual cost of con- struction of the �vork contemplated here-in and formally dedicate all .facilities· to the District.· 9.Subdivider shall furnish and deliver to District, at no . expense to it, a surety bond written by a reliable sure.ty company authorized to do business in the State of California, or other acceptable form of guarantee, in the penal �um of thirty two thousand and no/100 Dollars , which bond or deposit shall. insure the faith- ful performance of this contract by Subdivider. Said bond or deposit shall al�o 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 agreeement, Subdivider agrees that it will pay District reasonable attorney's fees and costs. 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. CARLSBAD MUNICIPAL WATER DISTRICT (SEAL) "District" Subdivider: SEQUOIA PACIFIC REALCO (SEAL) By:��- -4- , 1 Partner