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HomeMy WebLinkAboutSTANDARD PACIFIC OF SAN DIEGO; 1976-11-17;,,. AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SUBDIVISION LANDS AND FOR PERFORMA.UCE BOND CARLSBAD TRACT NO. 74-16 OFFSI'rE WATER SYSTEM -POINSETTIA LANE FUTURE ALIGNMENT AND FACILITIES SEA PINES Cfn\'\O 7<P · S ,o -:5fVnr'K')Le..(" J-'\; Jls THIS AGREEMENT is made this 17th day of November, 1976, between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called "District", and STANDARD PACIFIC OF SAN DIEGO, a California Corporation, hereinafter called "Subdivider", in view of the following facts and for the following purposes: (a) The District has prepared and approved a water systems feasibility report covering CT 74-16 with other property. (b) By separate agreement, the Subdivider has agreed to install public water service to the subdivision prepared by William B. Rick, R.C.E. 9416, CT 73-39 Spinnaker Hill. The entire engineering plans have been approved by the District. (c) The entire scope of work which will be constructed pursuant to the terms and conditions of this Agreement is described as the "Offsite Water System -Poinsettia Lane -Future Alignment and Facilities" as shown on Exhibit "A" attached hereto and incorporated herein by this reference. IT IS THEREFORE AGREED: 1. In consideration of the approval by the District of a water system benefiting Carlsbad Tract No. 74-16, 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 work required to be done to construct the arterial lines as shown on Exhibit "A" within the boundaries of CT 74-16 Sea Pines at such time as Subdivider receives all necessary government approvals. Where necessary, additional plans and specifications shall be prepared and approved by the appropriate governmental agency having jurisdiction. Said work shall be performed in a good and workmanlike manner satisfactory to the District and in accordance with the plans and specifications covering said work and the general specifications for pipeline construct:i.on 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. It is the desire of the District that rough street grading be complete and final street grades and street alignment be set on Poinsettia Lane and certain other streets in CT 74-16 Sea Pines prior to installation of arterial water lines as shown on Exhibit "A" within said streets. It is understood however, arterial ·water lines that will serve CT 74-16 Sea Pines with other property may have to be constructed prior to the development of CT 74-16 Sea Pines due to agricultural water demand requirements. In the event the District does determine water mains and facilities as shown on Exhibit "A" must be installed, the S1,1bdivider agrees to make a cash contribution of $50,000.00 for the construction of said water lines and facilities within sixty (60) days notice by the District. Page Two 2. Subdivider agrees to pay to District on demand the full amount of all District's costs incurred in connection with the in-tract work, including plan checking, inspection, materials furnished, and all other expenses of District directly attributable to the in- tract work. Subdivider shall deposit with District concurrently with the execution of this Agreement the surn of $500.00, 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. Subdivider's total liability under this Agreement prior to receiving all necessary government annrovals shall be the $50,000.00 cash contribution plus the $500:00 cash deposit. 3. The acceptance of the work on behalf of the District, which Subdivider will install pursuant to this Agreement, shall be made by the Board of Directors of the District upon recommendations of the 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 guaranty within a reasonable time 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. 4. 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. 5. Subdivider shall furnish to the District, at no expense-to the District, surety bonds written by a reliable surety company authorized to do business in the State of California or other acceptable form of guaranty, in the sum of $50,000.00 for the work which shall be performed in accordance with the terms and conditions of this Agreement. Said bonds or deposits shall insure the faithful performance of this contract by Subdivider. Said bonds or deposits shall also inure to the benefit of all persons entitled to the protection of the Mechanic's Lien Laws of the State of California .. -6. The Subdivider shall be entitled to reimbursement for the financial participation in the 12-inch offsite water main in. an amount to be determined at such time as public improvements have been bonded for on any portion of CT 74-16 Sea Pines. 7. This Agreement shall inure to the benefit of, and the obligations created hereby shall be binding upon, the successors and assigns of the parties hereto. 8. The invalidity or illegality of any provision of this Agreement shall not be deemed to affect the validity or legality of any other provision of this Agreement. • Page Three 9. This Agreement and any amendments hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. 10. This Agreement sets forth the entire agreement and understanding of the parties with respect to the transactions contemplated hereby, and supersedes all prior agreements, arrangements and under- standings relating to the subject matter hereof. 11. This Agreement may be amended, modified, superseded or cancelled, and any of the terms, covenants, or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. 12. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. IN WITNESS WHEREOF, this Agreement has been executed by Subdivider and on behalf of the District by the President of its Board of Directors on the day and year first above written. CARLSBAD MUNICIPAL WATER DISTRICT By----------------Fred W. Maerkle, President Board of Directors, "District" Subdivider STANDARD PACIFIC OF SAN DIEGO By~ ~-