HomeMy WebLinkAboutMURRAY CONSTRUCTION INC; 1973-12-26;AGREEMENT FOR CONSTRUCTION OF WATER
SYSTEM TO SERVE SUBDIVISION LANDS
AND FOR PERFORMANCE BONO
LOT 366, LA COSTA SOUTH UNIT NO. 5
CARLSBAD TRACT 73-15
GOLF VIEW
THIS AGREEMENT is made this 26th day of December , 1973
7
between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called "District",
and MURRAY CONSTRUCTION INC.
hereinafter called "Subdivider", 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 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 Robert E. Young, R.C.E. 8454
and are identified as Construction Plans for Carlsbad Tract 73-15
consisting of 1 sheets and are incorporated herein by reference.
(c) No present commitment is required of the District as to water
or sewer service to said subdivision lots.
IT IS, THEREFORE, AGREED:
1. In consideration of the approval by the District of the plans
and specifications for said subdivision known as Carlsbad Tract 73-15
Lot 366, La Costa South Unit No. 5, Golf View
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 ~nd improvement required to be done in and adjoining
said subdivision in the construction of a complete water system to serve
~
) ' • Sheet 2 of 4
said property. Said work shall be done and performed in a good and
workmanlike manner under the direction of and satisfactory to the
District, all in strict conformity and in accordance with the plans and
specifications coverJng 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 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, 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 _$_7_0_0_._o_o~·---' 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 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. N9 permanent water service to any parcel of land within the
subdivision shall be allowed until after acceptance by the District.
-2-
'. Sheet 3 of 4
5. Until such time as the work covered by this agreement has
been finally accepted by District 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's Manager and District'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 covefed 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 ~riting, 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.
-3-
Sheet 4 of 4
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 $2,000.00
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 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.
IN WITNESS WHEREOF, this Agreement has been executed by Subdivider
and on behalf of the District by the President of its Board of Directors.
(SEAL)
(SEAL)
-4 -
CARLSBAD MUNICIPAL WATER DISTRICT
. ., i' /· . .,t:-. I ,, I 6 . By:~) !£.(;/( A /.~·
Fred W. MTrkle, President
B_ oard of Di rectors
11 District'11
SUBDIVIDER:
URRAY CONSTRUCTION INC.
BY: ---------------
BY:
,,. ....
PERFORMANCE BOND
INSURANCE COMPANIES
FIREMAN'S FUND INSURANCE COMPANY
THE AMERICAN INSURANCE COMPANY
NATIONAL SURETY CORPORATION
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
HOME OFFICE: SAN FRANCISCO, CALIFORNIA
Bond No. C-_-'-7-'--30_4_6_8_4 ___ _
The premium for this bond is $ 30 • 00
payable in advance and subject to adjust-
nr.eRl a~ cnrrez;i,t manwal rates f RECEIVED
• J{\N -2, ,qr-i-{
WOODSIDE -KUBOT.A. & ASSOC.
CONSULTlf\JG ENGlNEEFE,
KNOW ALL MEN BY THESE PRESENTS: That we, MURRAY CONSTRUCTION CO. , INC.
as Principal, and FIREMAN'S FUND INSURANCE COMPANY
of CALIFORNIA and duly authorized under the laws of the State of
taking, as Surety, are held and firmly bound unto
, a corporation organized under the laws of the State
CALIFORNIA to become sole surety on bonds and under-
CARLSBAD MUNICIPAL WATER DISTRICT
as Obligee
in the lull and just sum of TWO THOUSAND AND N0/100-------------------------------------------------
Dollars, ($ 2,000 • 00 ), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns;
for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly
and severally, firmly by these presents.
The Condition of the above Obligation is such that whereas the said Principal has entered into a contract of even date herewith with
the said Obligee to do and perform the following work, to-wit:
INSTALL WATER LINES AND METERS AT 7505 JEREZ COURT, LA COSTA, CALIFORNIA
as is more specifically set forth in said contract, to which contract reference is hereby made;
Now therefore, if the said Principal shall well and truly do the said work, and fulfill each and every of the covenants, conditions and
requirements of the said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to
remain in full force and virtue.
No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein.
Sealed with our seals and dated this 26th day of DECEMBER , 19 73
MURRAY CONSTRUCTION CO, INC.
Principal
FIREMAN'S FUND INSURANCE COMPANY
Surety
Attorney-in-Fact
360039-5-65
~CORDING BEQUESTSD BY
' I
AND WHEM RECORDED MAIL TO
Name I 7
Street Address
City
State Zip L _J
GENERAL POWER OF ATTORNEY
FIREMAN'S FUND INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a Corporation duly organized and existing
under the laws of the State of California, and having its principal office in the City and County of San Francisco, in said State, has made,
constituted and appointed, and does by these presents make, constitute and appoint
-----MARGARETE. HANSON-----
its true and lawful Attorney(s}-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga-
tions in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the
corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-
Fact may do in the premises.
This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By-laws of FIREMAN'S FUND INSURANCE COMPANY
adopted on the 19th day of November, 1965, and now in full force and effect.
Article VIII, .lp1wi11tm,•nt and .\uthority of Rcsid,·ut .\s:,w;;tanf Sf'rrrtaric.~. and .\tton11·.11-in-f'art and .lycut.'l to accept Legal Proccs.<J and Make
Appearaneu.
Section 30 .. \1,1minfmnlf. The Chairman of the Board al Directors. the President. any Vice-President or any other person authorized by the Board
of Directors, the Chairman of the Board of Directors, the President or any Vice-President. may, from time to tune appoint Resident Assistant Secretaries and
Attorneys-m-Fact to represent and act for and on behalf of the Corporation and Agents to accept leqa\ process and make appearance.s for and on behalf of
the Corporation.
Sectwn 31 .\utlwnt11. The Authority of such Resident Assistant SecretariE:s. Attorneys-in-Fact. and Agents shall be as prescribed 1n the mstrument
evidE:ncmq their appointment, and any ~uci: apoomtment and all autb.onty qranted thereby may be rev◊ked at any time by the Board of Directors or
by any f:'.E!rson empowered to make st..:ch ar:,pomtment •
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors
of FIREMAN'S FUND INSURANCE COMPANY at a meeting duly called and held on the 15th day of July, 1966, and that said Resolution
has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and
the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on
any certificate relating thereto, by facsimile, and any power o! attorney, any revocation of any power of attorney, or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Corporation."
IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice-President,
and its corporate seal to be hereunto affixed this ] 4tbday of. _ _.;$,.e=..pµ,..,t_.e::,rou.wbu;e::..r.,_ ______ _ I 9~
By
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
On this l~tl.L__day of_ S.ep!;;~111be.r _________ , 19 __ 73_, before me personally came James H. Wells, to me known, who,
being by me duly sworn, did depose and say: that he is Vice-President of FIREMAN'S FUND INSURANCE COMPANY, the Corporation
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation ar.d that he signed his
name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand
!IIIIIIIIIIIIIIIIIIIIIIHlllllllllllllllll!IIIIIHIIIIICII =@· H. GRADY NEWBERRY • § ~ NOTARY PUBLIC -CALIFORmA i = CITY & COUNTY Of SAN FRANCISCO : i · Mr Commission Expitu Sept. 28, 1976 i --■IHl■Hl■IIIIIIIHHIIIIIIIIIIHHIIHNIIIIIIIIHIIIIII■
ST ATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
and affixed my official seal, the day and year herein first above written.
CERTIFICATE
1, the undersigned, Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore
that Article VIII, Sections 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the
Power of Attorney, are now in force.
26th DECEMBER Signed and sealed at the City and County of San Francisco. Dated the day o .... £ ----------------19~.
WINIFRED H. BROWNE, Assistant Secretary
360545 (HOI-FF-1-73
NOTARIAL ACKNOWLE0GMENT-ATTORNIEY IN P'ACT
STATE OF CALIFORNIA {
···---------------------------------------------County off S.S.
SAN DIEGO
·····-···-----·--------·-------------------------------------------
360042-5-65
. 26th DECEMBER 73 On th1s ____________________________________ day of------------------------------------------------------------, 19 ____________ , before
me, __________ !~-!~-~~--~-!----~~-~!~-----------------"-----------------------_ , a Notary Public in and for
said ________ ~:A.,~---~J~-~--------------------County, State aforesaid, residing therein, duly commis-
sioned and sworn, personally appeared _________ MARGARE_T ___ E _ _._ __ JlA.NS.OlL. --------------------------
known to me to be the person whose name is subscribed to the within instrument as the
attorney in fact of
FIREMAN'S FUND INSURANCE COMPANY
and acknowledged to me that he subscribed the name of FIREMAN'S FUND
INSURANCE COMP ANY thereto as principal, and his own as attorney in fact.
IN WITNESS WHETIEOF, I have hereunto set my hand and affixed my official seal,
at my office in the said__ _ _______ _____ _ _ ________ County of ____ --~:A.,:N ___ ~l.~@.. __ _ ________ _
the day and year in this certificate first above written,
-·•· ---------.---
Notary Public in and for ___ SAN __ DIEGO _____ _
State of California.
My commission expires ______ ---------------------------------____________________________________________ _