HomeMy WebLinkAboutI.C.D.C CALIFORNIA INC; 1973-08-15;AGREEI-IEIIT FOR COliSTRUCTJOII OF HATER
SYSTEM TO SERVc SU3D!VJSJOII LAiiDS
AND FOR PERFORMAiiCE BOND
LA COSTA CASA GRANDE
Lots 242, 243 and 244
La Costa Valley Unit No. 5
Mao flo. 6730
THIS AGREEMENT is made this 15th
between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called
"District", and J.C.D.C. CALIFORNIA, INC. -------'--'-'--'-'-'---'---____c-'--"'----'--'---~'-------------
a California corporation
hereinafter called ''Subdivider 11 , 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
___ c_a_r_l_s_b_a_d _________ 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 District. Said plans and specifications
were prepared by VTN, San Diego, designed by George L Benton, R.C.E. ,14594
and are identified as Sewer and Water Plan -La Costa Casa Grande
consisting of __ 3 __ sheets and are incorporated herein by reference.
(c) No present commitment is required of the District as to wa-
ter or sewer service to said subdivision lots.
IT IS, THEREFORE, AGREED:
1. In consideration of the approval by District of the plan:,
and s~ecifications for said subdivision known as: La Costa Casa Gr2nde
Lots 242, 243 and 244 La Costa Valley Unit No. 5, Mao 6730
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 ta be done in and ad-
joining said subdivision in the construction of a complete water sys-
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Sheet 2
Agreement
of 4 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 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 ___ 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, inspection, materials furnished,
and all other expenses of District directly attributable to the
work, plus a reasonable amount for District 1 s overhead in connec-
tion therewith. Subdivider shall deposit with District concur-
rently with the execution of this agreement the sum of $1,500.00
being the estimated amount of District 1 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 1 s expenses be less than the amount deposited, Dis-
trict 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 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.
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Sheet 3
Agreement
of 4 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 necessary 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 (l) 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.
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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 $34,000.00
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 bacomes 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.
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.
(SEAL)
(SEAL)
CARLSBAD MUNICIPAL WATER DISTRICT
BY'. UttJ
Fred W Maerkle, President
Board f Directors
11 District"
SUBDIVIDER:
l.C.D.C. CALIFORNIA, INC.
1/ , ?' .
BY: ~
u er, res1
•
BY: ~%9'-J~-~,,
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·"
COMMONWEALTH OF PENNSYLVANIA)
)
COUNTY OF CHESTER )
Before me, a Notary Public in and for the County and State
aforesaid, personally appeared CHARLES E. DeLONG, who being by
me duly sworn, deposes and says as follows:
1. That he is Secretary of Builders Investment Group
an unincorporated business trust organized under the laws of
the State of Florida, and as such is the custodian of the
records of said Builders Investment Group, including the
minutes of the meetings of its Trustees.
2. That at a meeting of the Trustees of said Builders
Investment Group duly h~ld at Valley Forge, Pennsylvania on
December 21, 1972, at which a quorum of the Trustees was
present and acting throughout, the following resolution was
unanimously adopted and is in full force and effect:
"RESOLVED, That the President, any Vice President,
the Resident Counsel or William T. Bolstad, Senior
Investment Officer, of Housing Securities, Inc. he
and each of them hereby is authorized to execute and
deliver on behalf of the Trustees of Builders In-
vestment Group and of the Trust any plats, condominium
documents or other similar miscellaneous documents
required for or in connection with any loan and other
investment approved by the Trustees."
sworn to and subscribed
before me this /:?£ft day
Of *fllMlU.-1 /<f ';\'i /// 1>'~ '
~,/ ,/
Notary Puhlit:
1'.1 'eommTnT6ff fxpTFM Au§mf 28, 1975
' ...
Charles E. DeLo