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HomeMy WebLinkAboutLA COSTA GREENS; 1982-06-24;, ' ... AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SUBDIVISION LANDS AND FOR PERFORMANCE BOND Cfn \NO ~ l • '-1 o--\ lo ts , g lP ~ I i ·7 CARLSBAD TRACT 81-11/CONDOMINIUM PLAN 156 LOTS 186-187, LA COSTA SOUTH UNIT NO. 2 LA COSTA GREENS THIS AGREEMENT is made this 24th day of _J.::..,;u::..:n..:..;e:;_;,!.--.=1=9=8=2 ______ _ between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter called "District", 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 within the boundaries of the 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 Bradshaw Engineering, 4455 Twain Avenue, San Diego, Calif. 92120 and are identified as "Water System Improvement Plans for Fire/Domestic La Costa Greens 2552 Navarra Drive, Carlsbad, California" 4 consisting of ---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: 1. In consideration of the approval by the District of the plans and specifications for said subdivision known as Carlsbad Tract 81-11/CP 156 -- Lots 186-187, La Costa South Unit No. 2 --La Costa Greens 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 -1- public work and improvement required ·to be done in and adjoining said subdi- vision in the construction of a complete water system to serve 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 wo~k and the general specifications covering said work and the general specifi- cations for pipeline construction adopted by the 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 cost incurred in connection with the work, including p]an checking, inspection, materials furnished, and all other expenses of the District directly attributable to the work, plus a reasonable amount for the District's overhead-in connection therewith. Subdivider shall deposit with the District concurrently with the execution of this agreement the sum of $1,600.00 , being the estimated amount of District's expenses. Should the expenses incurred by the 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 construc- ted in said subdivision, including streets, curbs. drains. sewers, gas and utility lines, grading and the improvements required for the complete water system arid necessary appurtenances as set forth in all of the agreemehts with the District 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 damage to the complete water system and necessary appurtenances for the proposed subdivision. No per- -2- manent water service to any parcel of land within the subdivision shall be allowed until the complete water system and appurtenances for the subdivi- sion have been accepted by the District. 5. Until such time as the work covered by the agreements with the District for the complete water system and appurtenances for the subdivi- sion have been finally accepted by the District and title thereto, together with all necessary easements and rights-of-way transferred to the District and accepted by the District, the District shall be under no obligation to furnish water to said subdivision (other than such construction water as may be delivefed 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 complete water system and appurtenances thereto. 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 Dis- trict. 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 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 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. However, in the event of an emergency, District is authorized to have the defects repaired, without notice, at the expense of Subdivider and Subdivider shall pay the cost thereof on demand. -3- 8. Subdivider shall, upon acceptance of the work by the District, provide the District with a statement showing the actual cost of construc- tion of the work contemplated herein and formally dedicate all facilities to the District. 9. Subdivider shall furnish and deliver to the District, at no expense to it, a surety bond written by a reliable surety company autho- rized to do business in the State of California, or other acceptable form of guarantee, in the penal sum of $7,000.00 , which bond or other ---"------- form of guarantee shall insure the faithful performance of this contract by the Subdi~ider. Said bond or other form of guarantee shall also tnure 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 foi the 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) COSTA REAL MUNICIPAL WATER DISTRICT BY: ~~a 4-~ Donald A. Macleod, President Board of Directors 11 District11 SUBDIVIDER: • BY : _ __,__&.,_______,,lr-+,tK/~/"'--_/J_" Y t_"' ~"' /BY: ---------------- -4- I .. Bond No. ,, ... 1 ..... 0.,.2_.3,._3._.J .... Q.__ _____ _ Subdivision Improvement Bond Faithful Performance KNOW ALL MEN BY THESE PRESENTS: PREMIUM: $210.00 That MIKE KUPFER, CHARLES 0. PEINADO AND KAP DEVEOPMENT CORP as Principal andAMWEST SURETY INSURANCE COMPANY -----------------~------- a Corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in the State of CALIFORNIA Surety, are held and firmly bound unto COSTA REAL MUNICIPAL nATER DISTRICT , as as Obligee, in the sum of SEVEN THOUSAND AND N0/100--------------------------------- --------------------------------Dollars ($ 7,000.00-------), for the payment whereof, well and truly to be made, said Principal and Surety bind thems-elves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, The Principal on --~-~U~IN~E,.._~S+,-----' 19_az_entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the following improvements: Construction of water system to serve subdivision lands and for performance bond. Carlsbad Tract 81-11/CP 156-Lots 186-187, La Costa South Unit No. 2 --La Costa Greens as more fully set forth in said Agreement. ,., NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all of the covenants, terms and conditions of the said Agreement, then this obligation shall be null and void; otherwise to remain in full force and effect. Provided, however: 1) That the consent of Surety shall be required for any extension of time to complete said improvements; 2)That no right of action shall accrue hereunder to or for the benefit of any person, firm or corporation other that the Obligee named herein. Signed, sealed and dated _J~JT~N~E.__._8~,,__-----, 19 82 AMWEST S T S IN FACT 6301 OWENSMOUTH AVE.# 304 WOODLAND HILLS, CA. 91367 Address I' ' ' ' J A'MWEST SURETY INSURANCE COMPANY 6301 Owensmouth A venue, Suite 304 Woodland Hills, California 91367 Telephone 213: 704-1111 POWER OF ATTORNEY 24394 KNOW ALL MEN BY THESE PRESENTS, ThatAMWESTSURETYINSURANCECOMPANY, A CALIFORNIA CORPORATION does hereby make, constituteandappointANDYFAUST-P.C. FAUST-ARTYC&McGUIRE- S.G. HEFLll'-l -JOANNE BURDETTE -ELAINE MOSS -RENEE UHLIG -J. WOLOHAN -TRACI ROTHWELL-JOY ASHMORE • its true and lawful Attorney(s)-in-Fact, with full power and authority for and on hehalf of the company as surety, to execute and deliver and affix the seal of the company thereto if a seal is required, bonds, undertakings, recognizances Of bther written obligations in the nature thereof, as follows: CONTRACT, LICENSE, PERMIT, COURT & MISCELLANEOUS BONDS TO $250,000.00 and to bind AMWEST SURETY INSURANCE COMPANY therehy, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provi- sions of the By-Laws of the company, which are now in full force and effect: Article 111, Section 7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney ts signed and sealed by facsi,11:!e 11nder and hy the authority of the following resolutions adop, ·.· • ted by the board of directors of AMVVEST SURETY INSURANCE COMPANY at a meeting duly held on Oec~mher 15, 197i, R ESOL VEp that the president or any vice-president, in conjunction with the secretary or any ass1st;,.rttsecre-• tary, may appoJ,ntattorneys-in fact or agents with authority as defined or limited in the instrument evidencin~rhe appointment 'iri-ei:l(;h case, for and on behalf of the company to execute and deliver and affix the seal of.the com:. pany to boot:1$1i1,mdertakings, recognizances, arid suretyship obi igations of all kinds; and said officers may remove: any such atfOt'l;ltY~jn;fact or agent and revoke any power of attorney previously granted to such person. - Ai~t~ifl 0l=URTHER that any bond, undertaking, recognizance, or suretyship ol>Jigat,~n sh'alJ•be v.afid and biMir.g Apoi1he company • ••• •• • 'ti> wflettsignefl by the president or any vice president and attested and sealed (if a seal be required) by any se~retart or assistant stcretary; or · .. \SOit when ~igried by,the president or any vice-president or secretary or assistant secretary, and countersigned ar,d,se,11.ted(H a seal be required) by a. duty authorized attorney-in-fact or agent; or < \\,.:,,iu whet)' duJY exetute<J and sealed (if a secii be required) by one or more attorneys-in-fact or agent$ PUf· .$~rt~f~anci.withtrlthe limits olt.he authority evidenced by the power of attorney issued by the company to suth ~er:son or ptrsoll$, • ,/ R(SO~VEO l=URTHER that the signature of any authorized officer and the seal of the company may be ., /afflxed,by:fa_tsimfle to any power of attorney or certification thereof authorizing the executi.on tmd delivery of ·: a'riy boiitf,,tir,dettaking, recognizance, or other suretyship obligations of the company; and such signature and seal 'when so.used, ;hall have the same force and effect as though manually affixed. • 1lttTNESS WHEAEOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be hereunto affixed this 17th CiJY of SeJ;)tember 19..JU.... ~WEST SURETY INSURANCE COMPANY --uAL&&d d'~o Secretary STATE OF CALIFORNIA, COUNTY OF LOS ANGELES -ss On this 17tbday of September A.D., 19...81, personally came before m£...B~chard H. Savage and Marge Schneider to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM- PANY,CALI FORN IA who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said imtrument by the authority of the board of directors of said corporation. ---------------------1 OFFICIAL SEAL r. DYANNE A. CALAHAN ' NOT ARY PUBLIC • CALIFOflNIA •a · PRINCIPAL OFFICE IN I LOS ANGELES COUNTY l ______ .::::::..:~!'!.1 (SEAL) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES -ss CERTIFICATE I, the undersigned, ____ secretary of the AMWEST SURETY 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 the provisions of the By-Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorn~, are now ~n force. Signed and sealed at ~ fir-, ~:,....:.;~~~ this i 1:lv day of ~..,._c_ 19 -S-,_ ~ Lf~,_ '"""" AW-2 S'_ ATE OF CALIFORNIA, COUNTY OF s AN DI EG_O~-----ss. O;, _JUNE 8, 1982 _______ -----, before me a Notary Public, within and for the said -. County and State, personally appeared ·_ ANDY FAUST ,-known to me to be the person whose name is subsc-ribed to the ,.,..-jthin instrument as the J\ Homey-in-Fact of and for the AMWEST SURETY INSURANCE CO., and ocknowledged to me that he subscribed the name of the AM\\'EST SURETY INSURANCE CO. thc-reto ?-~ Smety, a·,d his own name as Attorney-in-Fact. ~-----------------------------~ i ~~ •n~:.~_,:,:•••~~;~[i;f. ;ti;;~•••,· ' ---ct_ -~----~~N_O_T_A_R_Y_P_U_B_L_IC ~ B,.. _, ,; NOTARY PUBLIC. CALIFORNIA Principal Office in San Diego County My Commission Exp. Oct. 16, 1982 lloi"',,IY\,iJl,~IJV ...... 'J'..1 ...... ~•~w.---.-.w.-.-.-..-.