HomeMy WebLinkAboutCarroll R Kelly; 1974-08-22;� •,-.. ,-..._
AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SUBDIVISION LANDS AND FOR PERFORMANCE BOND
PARCEL SPLIT NO. 147
CARROLL R. KELLY
��I THIS AGREEMENT is made this � day of
between CARLSBAD MUNICIPAL WATER DISTRICT,
and CARROLL R. KELLY
·�
hereinafter called 11 Subdivider 11 , in view of the following facts and for
the following purposes:
(a)Subdivider is about to present to the Parcel Split No. 147
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 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 for said subdivision have been prepared and have been approved
by the Board of Directors of the District. Said plans and specifications
were prepared by Browne & Vogt, Inc. Signed by Richard Hopper RCE 12995
and are identified as Improvement Plans KOA Kampground (P�ase I only)
consisting of 1 sheets and are incorporated herein by reference.
(c)No present commitment is required of the District as to water
service to said subdivision lots.
IT IS, THEREFORE, AGREED:
l.In consideration of the approval by the District of the plans
and specifications for said subdivision known as Parcel Split No. 147
Subdivider agrees to do and perform, or cause to be done and performed,
at his own expense and without cost or liability to the District, all of
the public work and improvement required to be done in and adjoining
said subdivision in the construction of a complete water system to serve
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said property. Said work shall be done and performed in a goc.: and
workmanlike manner under the direction of and satisfactory to the
District, all in strict conformity and in accordance with the plans and
specifications covering said work and the general specifications covering
said work and the general specifications 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 365 calendar days from the
date of this agreement.
3.Subdivider agrees to pay to District on demand the full amount
of all District's costs incurred in connection with the work 9 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 connection therewith. Subdivider shall
deposit with District concurrently with the execution of this agreement
the sum of $1,000.00 , being the estimated amount of District's
expenses. Should the 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 expenses be less than the amount deposited,
District 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 completed
and accepted by District and all ot her 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 shal.l be allowed until after acceptance by the District.
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Sheet 3 of 5
5.Until such time as the work covered by this agreement has
been finally accepted by Distfict and title hereto, teogether with all
necessary easements and rights of way, transferred to District, District
shall be under no obligation to furnish water to said subdivision, (other
than such construction water as may be delivered under a temporary service
agreement with Subdivider). No improvements which may be constructed
within the Subdivision shall be permitted 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 acceptability of any
necessary easements, documents and title policy (policies).
7.The acceptance of the work on behalf of the District shall be
made by the Board of Directors of the District upon recommendations of
District 1 s Manager and District 1 s Engineer. Such acceptance shall not
constitue 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 agreement, and shall repair
and replace any and all work that may prove defective in workmanship
and/or materials within said one-year period 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 construction
of the work contemplated herein and formally dedicate all facilities to
the District.
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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 $16,000.00, which
bond or deposit shall insure the faithful performance of this con
tract 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.The Subdivider shall participate in the financial obliga
tion to construct an arterial water main along the frontage of
Parcel 11 C 11 of Parcel Split No. 147 as set forth in Exhibit "A 11 of
this agreement. The financial obligation upon the Subdivider shall
be the cash equivalent of an 8-inch water main and appurtenances.
For the purposes of this agreement, the estimated value is $20,000.00.
The Subdivider shall make the financial contribution
within the time period of this agreement. To insure faithful per
formance for this specific subsection of this agreement, a separate
surety bond or other acceptable form of guarantee, in the penal sum
of $20,000.00 shall be furnished and delivered to the District.
11.In the event it becomes necessary for District to take
legal action to enforce the terms of this agreement, Subdivider agrees
that it will pay District reasonable attorney's fees and costs.
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IN WITNESS WHEREOF, this Agreement has been executed by
Subdivider and on behalf of the District by the President of its
Board of Directors.
CARLSBAD MUNICIPAL WATER DISTRICT
_-_ (St.�L).
(SEAL)
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le, President rectors
SUBDIVIDER:
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BY:z&/�7%� ��-:P fl
BY: ------
B~ld
Fred W. Ma
Board of
11 District'
STATE OF CALIFORNIA,
COUNTY OF ��.._
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My Commission Expires Nov. 27, 1976
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ACKNOWLEDGMENT-General-Wolcotts Form 23�Rev. 3-64
f ss.
ON .e-L--19 -,I_ before in and. Jar said State, personall� a�d
-----------------------, known to me, to be the person_ whose name_ I$ subscribed to the within Instrument, and acknowledged to me that _he_ executed the same.
WITNESS my hand and official seal.
Notary Public in and for sird State. STEPHEN M. L'HEUREUX