HomeMy WebLinkAboutLA COSTA VISTA ASSOCIATES; 1974-05-22;AGREEMENT FOR CONSTRUCTION OF WATER
SYSTEM TO SERVE SUBDIVISION LANDS
AND FOR PERFORMANCE BOND
LOT 402, LA COSTA SOUTH UNIT NO. 5
L/-\ COSTA VISTA
CARLSBAD TRACT 73-51
.·~·
TH I S AGREEMENT i s made th i s ~ 2... • day of __,_t\_~_::-t _______ /_· t.r;_7_J_lf ____ _
between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called "District",
and LA·COSTA. VISTA ASSOCIATES, a limited partnership
herei0after called "Subdivider'', 1n 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
Bement-Dainwood-Sturgeon and were prepared by signed by John F. Da,nwood, R.C.E. 15879
and are identified as Construction Plans for 6" Water Service to Lot 402,
La Costa South, Unit No. 5, Carlsbad, California
consisting 0f • 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:
l. In consideration of the approval by the District of the plans
and specifications for said subdivision known as Lot 402, La Costa
South Unit No. 5, La Costa Vista, Carlsbad Tract 73-51
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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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 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 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 $850.00 , 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 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 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 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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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 $3,000.00
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)
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CARLSBAD MUNICIPAL WATER DISTRICT
-i /',,,. I I I ~ /-./ // /w,,..~ ,e.~~ ~-J/' /✓~C-t.':/ -BY: , --=F-r-e--=d--=-=w,_.---:--:M=-a_,k~r....,..k-=1-e-,--=p,-r_e_s_,i,_d.,..e_n_t,---
Bo a rd o1 Directors
"District 11
SUBDIVIDER:
LA COSTA VISTA ASSOCIATES, a limited
partnership
Partner
BY:
0. :E ~ (1) .E 0 0..
u:i l'i
ST A TE OF CALIFORNIA }
COUNTY OF S_a_n_D_i_e_..,g_o_________ SS.
May 22, 1974 On
before me, the undersigned, a Notary Public in and for said County
and State, personally appeared Judd Kes S 1 er
known to me
to be one .of the partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
Signature--~~"~ __ '._~~~<_ • ., -¥,-+-----&--,-1._,!,L_~ /4_~?~-C~~~,,.,,...~
-------------------Name (Typed or Printed)
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
•
LINCOLN, NEBRASKA
A STOCK COMPANY
PUBLIC WORKS
PERFORMANCE BOND Bond No. 11875
KNOW ALL MEN BY THESE PRESENTS:
That we, La Costa Vista Associates P.O. Box 1144, Rancho Santa Fe, DA 92067
as Principal, and AMERICAN BONDING COMPANY, a corporation organized and existing
under the laws of the State of Nebraska and authorized to transact surety business
in the State of California, as Surety, are held and firmly bound unto
Carlsbad Municpal Water District
as Obligee,
in the sum of Three Thousand Dollars and no cents-----------------------------
Dollars ($3,000.00 ), lawful money of the United States of America, for the
payment whereof, well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly
by these presents.
Signed, sealed with our seals, and dated this 7th day of June , 19 74 .
THE CONDITION of the foregoing obligatjon is such that, whereas the above-bounden
Principal has entered into a contract dated with said Obligee to do
and perform the following work, to-wit: Construct six inch water line from center
of Gibraltar 150 Feet into Lot #402 La Costa So. Unit #5
NOW, THEREFORE, if the above-bounden Principal shall well and truly perform or
cause to be performed, each and all of the requirements and obligations of said
contract to be performed by said Principal, as in said contract set forth, then this
bond shall be null and void; otherwise it shall remain in full force and effect.
Premium: $ 30.00
Form 16-104 (10/66)
AMERICAN BONDING COMPANY
• • / /'
By 47L:_~~--;
R.L. Silvernail AttGrney-in-Fae!
STATE OF California
COUNTY OF Ios Angeles Acknowledg-ment of Surety
On this ___ __,...._..~---------day of ___ ..,.J-w-uii.w.e-------19-+4-
personally appeared before me R L Siheraail
who being duly sworn did depose and say that he 'is the attorney-in-fact of the American Bonding Company
of Lincoln, Nebraska, that the sea] affixed to the attached instrument is the Corporate Seal of said
Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority
of its Board of Directors and the said R.L. Silvernail acknowledged that
he executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation.
r•Jl,:1 ~
,,'·I
My Cc:nT!fsion Cp'rcs f:~n,~-r 3, D,7
;:•. 1:::,.::,,.~ , . 'I 'I 1)111 I 1iii
.. Recording Requested By
When Recorded Mail To
SPACE ABOVE THIS LINE FOR RECORDER'S USE ---
PAYMENT BOND -PUBLIC WORKS
KNOW ALL MEN BY THESE PRESENTS:
Bond No._1._J ... 8...,7._5.,__ __ _
That we, La Costa Vista Associates P.O. Box 1144, Rancho Santa Fe, CA 92067
as Principal, and AMERICAN BONDING COMPANY, a corporation organized and existing under
the laws of the State of Nebraska and authorized to transact surety business in the State
of California, as Surety, are held and firmly bound unto
Carlsbad Municpal Water District
as Obligee,
in the sum of One Thousand Five Hundred Dollars-----------------------------------------
Dollars ($ 1,500.00 ), lawful money of the United States of America, for the payment
whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, ad-
ministrators, successors and assigns, jointly and severally, firmly by these presents.
Signed, sealed with our seals, and dated this 7th day of June , 19 74.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT, whereas the above-bounden
Principal has been awarded and has entered into a contract, dated
with Obligee to do and perform the following work, to wit:
Construct six inch water line from center of Gibraltar 150 feet
into Lot #402 La Costa So. Unit #5
NOW, THEREFORE, if the above-bounden Principal, or his subcontractors, fails to pay
any of the persons named in Section 3181 of the Civil Code of the State of California,
or amounts due under the Unemployment Insurance Code with respect to work or labor per-
formed by any such claimant, the Surety hereon will pay for the same, in an amount not.
exceeding the sum specified in this bond, and also, in case suit is brought upon this
bond, a reasonable attorney's fee, to be fixed by the court. This bond is executed pur-
suant to the provisions of Chapter 7, Division 3, Part 4, Title 15 of the Civil Code of
the State of California, and shall inure to the benefit of any of the persons named in
Section 3181 of the Civil Code so as to give a right of action to such persons or their
assigns in any suit brought upon this bond.
Premium: $ ______ _
Fnrm 16-105 (Rev. 1/71)
1tta Vista Associates
(Principal)
AMERICAN BONDING COMPANY
By:~ __ / L<-r-~?//
R.L~ilverna'rt Attorney-in-Fact
LOS ANGELES, CALIFORNIA
A STOCK COMPANY
JUH i O 197:+
A\IEHICAN BONDING CO\IPANY, a Nebraska Corporation, having its administrative office in the City of Los
Angeles, State of California, does hereby make, constitute and appoint R. L. Si 1 vernai 1 of North ridge,
California, with full power to act alone,
as Attorney ( s )-in-Fact, with full power and authority hereby conferred to execute and deliver and affix the seal, of the
corporation thereto, if a seal is required, for and on its behalf as Surety, and as its act and deed, all of the following
classes of documents, to wit:
Any and all bonds, undertakings, recognizances or other written
obligations in the nature thereof, each in the penalty not to
exceed the sum of Two Hundred Thousand Dollars ($200,000.00).
The American Bonding Company further certifies that the following is a true and exact copy of Article \'II Section 3, of the By-Laws of
American Bonding Company duly adopted and now in force, to wit:
SECTION 3. All bonds, undertakings, recognizances or other written ohligations of the corporation shall he t>xecuted in the name
of the corporation hy th,· president, any vice-president, secretary, any assistant-secretary or the tre,asurer, or hy such other persons as
may from time to time be properly authorized. The president, any vice-president, the secretary, any assistant-secretary or the treasurer
may appoint or remove resident vice-presidents, resident assistant-secretaries, attorneys in fact, agents or other persons who shall ha,•e
authority to issue and deliver bonds, undertakings, rt>cognizances or other written obligations in the name of the corporation. The
corporate seal is not necessary for the validity of any bonds, undertakings, or other obligations of the corporation. The signature of
any authorizro officer and the seal of the corporation may be affixed by facsimile to any power of attorney or certification then•of
authorizing the execution and delivery of any bond, or undertaking of the corporation; and such signature and seal when so used
shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, AMERICAN BONDING COMPANY has caused these presents to be executed by its
duly authorized officer and its corporate seal affixed, this __ _ May 11~1972 ____ _
(SEAL)
State of California
County of Los Angeles
Date
AMERICAN BONDING COMPANY
By _____ s/ W_.__ B. Gilling!lam __________ _
Title ____ V_i_c_e President
On this_ l l~-~-___ day oL May __________ _ __ -, 19~, before me a Notary Public, personally
appeared the above named officer of American Bonding Company, a corporation, known to me to be the person and officer
who executed the above Power of Attorney on behalf of the corporation and acknowledges the corporation voluntarily
executed the same.
CERTIFICATE
s/ Margaret S. Rodriguez
Notary Public
My Commission Expire~s ___ N=-.c..:o__,v__,e=-'m""'b=e-=r'---'3:c_i, --=lc.;9:....7:....3=---
I, the undersigned, certify that I am the Assistant Secretary of American Bonding Company, a Nebraska corporation, and that the attached
Power of Attorney remains in full force and effect, and has not been revoked; and furthermore that Article VII Section 3, of the By-Laws of
said company as set forth in said Power of Attorney, are now in full force and effect.
I!\f TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal~--tl-"111,ii'1
this ____ June_L. 1974
(SEAL)
Form AS IOOOA Jl,·v. 12-fi.5