HomeMy WebLinkAboutCHASE, BARRIE F & PARNELL S; 1972-02-11;' .
AGREEMENT FOR CONSTRUCTION OF WATER
SYSTEM TO SERVE SUBDIVISION LANDS
AND FOR PERFORMANCE BOND
TRES VERDE CONDOMINIUM
THIS AGREEMENT is made this 1 //__~ day of hka.a,,-:-y, /1-';z-,
T
between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called
"District", and Barrie F. Chase & Parnell S. Chase
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
provision of the Subdivision Map Act of the State of Califo.rnia
and in compliance with the provisions of the ordinances of the
City of Carlsbad 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 Rick Engineering, San Diego, Californi_a __ ,
and are identified as La Costa Greens Improvement Plans --·
• . . 3 T M . No . 2 8.1 2 -l -W aJ e r S y s t em R.e v i s i o n cons1st1ng of __ sheets and are incorporate _nere1n by reterence.
(c) No present ~ommitment is required of the District as to
water or sewer service to said subdivision lots.
·1r IS, THEREFORE, AGREED:
1. In consideration of the approval by District of the plans
and specifications for said subdivision known as: --------
Tr es Verde Condominium (Lots 2 & 3 of La Costa Greens.Portion
of T. M. No. 2812-1) , _________ __,_ __________________ _
___ , 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
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1n and adjoining said subdivision in the construction of a complete
water sys tern to serve said property. Said \'l'Ork shall be done and
performed in a good and workn1anlike manner under the direction of
and satisfactory to District, all in strict conformity and in accor-
dance with the plans and specifications covering said work and the
general specifications covering said work and the general speci-
fications 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 oy this
agreement will be completed on or before 360 days
3: Subdivider agrees to pay to District on deman<i the full
aioount 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 con-
nection therewith. Subdivider shall deposit with Distri_ct con-
currently: with the ·execution of this agreement the sum of
$100.:oo ~eing the estimated atrount 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 differe~:e
upon completion of the work and its acceptance by District.
4. Until such time as all public improvement~. pro~iosed tone
. .
constructed in said subdivision, including streets, curbs, dra.ins,
sewers, gas and utility lines, grading, etc., shall have been
comple~ed and accepted by District and all otr.~r public authorities
having jurisdiction, Subdivider shall be responsib!e fo· trie care,
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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 Districti
5. Unitl 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
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. Sub.divider, at the expense of Subdivider, shall furnish to
the District any necessary easements, documents and.title policy
{policies) to insure title of all necessary easerrents in the record
name of the Dis_tr1ct. The District shall detennine the acceptability
of any necessary easements, documents and title policy ·(policies).
• 7. The acceptance of the work on behalf of the District shal1
be made by the Board of Directors of District upon reconmendations
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 agreement, and ~•all
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 quar~ntee within ten (10) caJs after notice in
writing, District is authorized to have the defects re;;-;: .-ed and
made good at the expense of Subdivider, and Subdivider shall pay
the cost thereof on demand.
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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.
9. Subdivider shall furnish and deliver to Dtstrict, at no
expense to it, a surety bond writte~ 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 $780.00
_________ , which bond or deposit shall insure the faith-
ful performance of this contract by Subdivider. Said bond or
deposit shall also inure to the benefit of all persons entitled
to the protection of the Mechanics Lien Laws of the State of
California.
10. In the event it becomes necessary for District to take
legal action to enforce the terms of this agreeement, Subdivider
agrees that it will pay District reasonable attorney's fees and costs.
IN WITNESS WHEREOF, this Agreement has been executed by Sub-
divider and on behalf of the District by the Presiden~ of its
Board of Directors.
(SEAL)
(SEAL}
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CARLSBAD MUNICIPAL WATER DISTRICT
By:<4'.
RED W. t·
Board of Di re
Subdivider:
Public Works Bond-
Faithful Performance
California
The Travelers Indemnity Company
Hartford, Connecticut
(A STOCK COMPANY)
CONTRACT BOND
KNOW ALL MEN BY THESE PRESENTS, That we, ..................................................................................... .
BARRIE F. CHASE and PARNELL S. CHASE -----------------------------------------------------------------······---------------------------------------------------------------------------------------------------------------------
as Principal, and THE TRAVELERS INDEMNITY COMPANY, a corporation, incorporated under the Laws
of the State of Connecticut and authorized by the Laws of the State of California to execute bonds and
undertakings as sole surety, as SURETY, are held and firmly bound unto ............................................................... .
......................................... CARLSBAD. MUNICIPAL. WATER. DISTRICT ................................................................. .
in the sum of ...... *SEVEN .. HUNDRED .EIGHTY .AND .. N0/100THS .. *. *. *. * .. * .. *. *. * .* .. * :lEDOLLARS,
($ ...... .7f3.Q.!.Q9 ........... ) for the payment whereof, well and truly to be made, said PRINCIPAL and SURETY
bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION of the foregoing obligation is such, that whereas the above bounden PRINCIPAL
has entered into a contract, dated ........................................ 19 ........ , with the .... ·-····-····························•··············•·······
CARLSBAD MUNICIPAL WATER DISTRICT
to do and perform the following work, to-wit:
Construction of on-site water system
NOW, THEREFORE, if the above bounden PRINCIPAL shall well and truly perform the work con-
tracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full
force and effect.
SIGNED AND SEALED ,h,, •••••• ..9..tA .. -.....•....•... _7 ,;;;t:;d····:s··-~ 19 •• .1'.2 ••
WITNESS· . .'J;,:~ ..... /4.-•..... ~....... l}};::::r~ ............................ (SEAL)
BOND NO. 1800436
The premium charge for this
bond is $15.00.
S-600 PRINTED IN U.S.A.
REV. 11•61
Barrie F. Chase
THE TRAVELERS INDEMNITY COMPANY,
:ra~ // kq£4;t:Faet
State of
County of
California
San Diego
On this ____ 9_t_h _______ day of February
Lora H. Mahan
, 19R, before me personally came
to me known, who being by me duly sworn, did depose and say: that she is an Attorney(s)-in-Fact of The Travelers
Indemnity Company, the Corporation described in and which executed the foregoing instrument; that she know(s) 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 her in accordance with the By-Laws of the said Corporation, and that she signed her name
thereto by like authority. r··".~ ,;-...... r.:•+:-•:-:-:-: .. :-:..:-:-:•❖•:•❖•·• .. 1 •
't' OF " 't' . FICIA, SEAl
:( J. A. WIEMEYER
•i• '1OTARY PUBLIC . CALI
• • PRINCIPAL OFFfCE
SANDtEG()cow,ny
My Comrniuion ~ ..... II -mmission expire"--------------
S-498 Rev. 2-53