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
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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~ ~-