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HomeMy WebLinkAboutSTANDARD PACIFIC OF SAN DIEGO; 1976-11-17; (4)AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVF SUBDIVISION LANDS A N D F O R f) i. i~ F O RM A N C E B O N D CARLSBAD TRACT NO. 73-39 SPINNAKER HILL -UNIT NO. 3 (I) THIS AGREEMENT is made this 17th day of November, 1976 between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called 11 District 11 , and STANDARD PACIFIC OF SAN DIEGO, a California Corporation hereinafter called 11 Subdivider 11 , 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 fi1ing 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 William B. Rick, R.C.E. 9416 and are identified as Plans for the Improvement of Spinnaker Hill Unit No. 3 (C.T. 73-39) 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: l. In consideration of the approval by the District of the plans and ~pecifications for said subdivision known as Carlsbad Tract No. 73-39 Spinnaker Hill Unit No. 3 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 -l - publfc work and improvement required to be done in and adjoining said subdivision 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 work and the general specifications covering said work and the general specifications 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 plan checking, inspection, materials furnished, and all other expenses of the District directly attributable to the work, plus a reasonable amount for District's overhead in connection therewith. Subdivider shall deposit with the District concurrently with the execution of this agreement the sum of $7,500.00 , 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 constructed in said subdivision, including streets, curbs, drains, sewers, gas and utility lines, grading and the improvements required for the complete water system and necessary appurtenances as set forth in all of the agreements 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. -2 - No p~rmanent water service to any parcel of land within the subdiviiion shall be allowed until the complete woter system and appurtenances for the subdivision 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 subdivision 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 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 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 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 constitute a waiver by District of any defects in the work. Subdivider, by this agreement, guarantees for a period of one (l) 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 with- in 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 acc ept ance of the work by the District provide the District with a statemen t s howing the actual cost of construction 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 authorized to do business in the State of California, or other acceptable form of guarantee, in the penal sum of $223,000.00 , which bond or derosit shall insure the faithful performance of this contract by th~ 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) '{ CARLSBAD MUNICIPAL WATER DISTRICT BY: .,, . Fred W. Maerkle, President Board of Directors 11 District 11 SUBDIVIDER: STANDARD PACIFIC OF SAN DIEGO, a California Corporation BY~~ BY:)7~ -4 - • AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SUBDIVISION LANDS AND FOR PERFORMANCE BOND ... CARLSBAD TRACT NO. 73-39 (II) OFFSITE WATER SYSTEM -POINSETTIA LANE FUTURE ALIGNMENT AND INTERIM PRESSURE REDUCING STATION SPINNAKER HILL -UNIT NO. 3 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 Corpora- tion, hereinafter called "Subdivider", in view of the following facts and for the following purposes: (a) Subdivider is presenting to the City of Carlsbad for final approval a subdivision map covering property, all of which lies within the boundaries of District, pursuant to the provision of the Subdivision Map Act of the State of California and in compliance with the provi- sions of the ordinances of the City of Carlsbad relating to the filing and approval of subdivision maps. (b) Subdivider has presented engineering plans for public water service to the subdivision prepared by William B. Rick, R.C.E. 9416 and identified as "Plans for the Improvement of Spinnaker Hill - Unit No. 3 (Carlsbad Tract 73-39)"consisting of 13 sheets (''Plans") which are incorporated herein by reference. The entire engineering plans have been approved by the District. (c) By separate agreement (I), dated November 17, 1976, the Subdivider has agreed to construct the complete onsite public water system as set forth in the approved engineering construction drawings. (d) The entire scope of work which will be constructed pur- suant to the terms and conditions of this Agreement is described as the "Offsite Water System -Poinsettia Lane -Future Alignment and Interim Pressure Reducing Station" as shown on Exhibit 11 A11 attached hereto and incorporated herein by this reference. -l - IT IS THEREFORE AGREED: l. In consideration of the approval by the District of the subdivision and the engineering construction plans for the onsite portion of the public water system for Carlsbad Tract No. 73-39 - Spinnaker Hill -Unit No. 3, 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 interim pressure reducing station as identified on Exhibit 11 A11 • 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 construction adopted by District. Sub- divider will furnish all necessary materials and labor required in said work arrd will pay and discharge all bills and claims arising out of the performance of said work. Subdivider. also agrees to make a cash contribution of $40,000.00 for the construction of the 12-inch offsite water main as shown on Exhibit 11 A11 at such time the District determines the line must be installed. 2. Subdivider agrees that all of the work covered by this Agreement will be completed within 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 costs incurred in connection with the work, including plan checking, inspection, materials furnished, and all other expenses of District directly attributable to the work. Sub- divider shall deposit with District concurrently with the execution of this Agreement the sum 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 -2 - upon completion of the work and its acceptance by District. 4. 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 (l) 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. 5. Subdivider shall, upon acceptance of the work by District, provide District with a statement showing the actual cost of con- struction of the work contemplated herein and formally dedicate all facilities to the District. 6. 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 pro- tection of the Mechanic's Lien Laws of the State of California. 7. 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 the "Sea-Pine'' Subdivision is -3 - ' • • I . . approved. (See Public Water System Feasibility Report -Spinnaker Hills -Sfta Pines -Dated September, 1976) 8. This Agreement shall inure to the benefit of, and the obli- gations created hereby shall be binding upon, the successors and assigns of the parties hereto. 9. 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. 10. This Agreement and any amendments hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. ll. This Agreement sets forth the entire agreement and under- standing 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. 12. 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. 13. 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 disburse- ments in addition to any other relief to which he may be entitled. IN WITNESS WHEREOF, this Agreement has been executed by Sub- divider 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 Seal BY =-----,,---,-c--=-=----:--=----=--~~--,----F red W. Maerkle, President Board of Directors, "District" SUBDIVIDER STANDARD PACIFIC OF SAN DIEGO Seal B~, BY ~~ (k44,d { •. -4 -