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HomeMy WebLinkAboutTREETOPS UNLIMITED; 1980-11-20;l. AG R E E M E NT F O R C O N S 1 IW C T I O N O F WAT E R SYSTEM TO SERVE SUBDIVISION LANDS AND FOR PERFORMANCE BOND CALAVERA HILLS UNIT NO. 1 CARLSBAD TRACT NO. 76-12 AGREEMENT I THIS AGREEMENT is made this 20th day of November, 1980 ------------- between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter called "District", and Treetops Unlimited (J.V. o{ Pacific Scene, Inc. and Financial Scene Incorporated) hereinafter called 11 Subdivider11 , 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 with- in 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 wat~r 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 Rick Engineering Co., Carlsbad, California and are identified as Plans for Improvement of Calavera Hills Unit No. 1, Carlsbad Tract No. 76-12 consisting of 17 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 Calavera Hills Unit No. 1, Carlsbad Tract No. 76-12 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 work 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 plan 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 $13,000.00 , 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 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. 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 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 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 accPptance 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 $260,000.00, which bond or other form of guarantee shall insure the faithful performance of this contract by the Subdivider. Said bond or other form of guarantee shall also inure to the benefit of all persons entitled to the protection of the Mechanics Lien Laws of the State of California. 10. Subdivider is responsible for the maintenance of water service in the existing 14-inch water main during the construction of the subdi- vision and the actual removal and replacement of the existing pipeline. In the event arrangements are made to remove the line from service, the District shall advise the Subdivider in writing by granting of specific permission to terminate service for a definite period of time. 11. In the event it becomes necessary for the District to take legal action to enforce the terms of this agreement, Subdivider agrees that it will pay District reasonable attorney 1 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 Donald Cacleod, President Board of Directors 11 D i strict 11 SUBDIVIDER: Treetops Unlimited Inc. and Financial -4- of Pacific Scene, Incor orated) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. On t:his ?Btb day of NovembeL 19~, before me, the undersigned, a Notary Public in and for said County and State, personally appeared A. c. Bregante , known to me to be the Executive Vice President, and Diane E. Thatcher , known to me to be t:he Assistant Secretary of FINANCIAL SCENE INCORPORATED I the corporation that executed the within instrument, said persons being known to me to be the persons who execut:ed the within instrument on behalf of said corporation, said corporation being known t:o me t:o be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that exe- cuted the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint·venturer of said joint: venture, and that such joint venture also executed the same. WITNESS my hand and official seal. and State. STATE OF CALIFORNIA) ss: C'JUNTY OF SAN DI EGO) ~~~e..::~~~~~ ------ OFFICIAL SEAL NO'NE DAILEY IIJOTtlR,· c"lJ8LiC r~I IF()RI\JIJ'.\ I ~Ml DIEGO COUNTY =====~M~:~.:,c/_xpires APP 0 () 198~ 0 ., this 1st day of Decanber , 1 g 80, before me, the undersigned, a Notary Public in and for said county and state, personally appeared Russ R, Richard , known to me to be the :&me, y; ce President, and Wilbur E, Johnson ' known to me to be the Assistant Secretary, of PACIFIC SCENE, INC., the corpora- tion that executed the within instrument, said persons being known to _me to ~e the persons who executed the within instrument on behalf of said corporat1on, sa1d corpora- tion being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that executed the within instrument, and acknowledged to me tt:.at. s~ch corporation executed the-same, both individually and as joint venturer of satd JOtnt d that such joint venture also executed the same. Notary state. AGREEMENT II AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SUBDIVISION LANDSrr,::::.:-7;:5"7-~=iri~~~- AND FOR PERFORMANCE BOND _r_mo_ ,_,13@~ □wrn_ij TAMARACK AVENUE ONSITE ti .1 1; -----=;, WATER SYSTEM IMPROVEMENTS i ·•\ i JAN 2 o l9l3 II CALAVERA HILLS UNIT NO. 1 ;·•·,· j/ I CARLSBAD T RAC T NO . 7 6 -1 2 : ' • -· . ,.. ,.' . e ,. ___ _;r....,.,) ! : ' ,,. ~ , l-. 1 nt:·r;-t 1 ~--~#• •n,..,,.~ THIS AGREEMENT is made this 20th day of November, 1980 between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter called 11 District 11 , and Treetops Unlimited (J.V. of Pacific Scene, Inc. and Financial Scene Incorporated) 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 with- in 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 were prepared by Rick Engineering Co., Carlsbad, California and are identified as Plans for the Improvement of Tamarack Avenue STA 42+00 to STA 56+08.41 consisting of 5 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 Tamarack Avenue Onsite Improvements for Calavera Hills Unit No. 1 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 work 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 plan 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 $2,000.00 , 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 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. 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 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 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, ~pan 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 $24,000.00 , which bond or other form of guarantee shall insure the faithful performance of this contract by the Subdivider. Said bond or other form of guarantee 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 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, •his Agreement has been executed by Subdivider and on behalf of the District by the President of its Board of Directors. (SEAL) (SEAL) -4- COSTA REAL MUNICIPAL WATER DISTRICT -~~ By : :£2,~4<-~ ~t: "Donald A. MacFeod; President Board of Directors "District" SUBDIVIDER: Treetops Unlimited (J.V. of Pacific Scene, Inc. and Financial Scene Incor orated S'TATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. On this 28tli..day of N~y,me.be~, 19 80, before me, the undersigned, a Notary Public in and for said County and State, personally appeared A. c. Bregante , known to me to be the Executive Vice President, and Diane E. Thatcher , known to me to be the Assistant Secretary of FINANCIAL SCENE INCORPORATED, the corporation that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the joint venturers of TREETOPS UNLIMITED, the joint venture that exe- cuted the within instrument, and acknowledged to me that such corporation executed the same, both individually and as joint·venturer of said joint venture, and that such joint venture also executed the same. County and State.