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HomeMy WebLinkAboutNEWPORT SHORES BUILDERS; 1976-06-30;', AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SUBDIVISION LANDS AND FOR PERFORMANCE BOND CARLSBAD TRACT NO. 72-34 PHASES I, II, III, & IV RANCHO LA CUESTA ( I ) THIS AGREEMENT is made this 30th day of June ---------- 1976 , between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called 11 District 11 , and NEWPORT SHORES BUILDERS a California Corporation, hereinafter called 11 Subdivider 11 , 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 provisions of the ordinances of the City of Carlsbad relating to the filing and approval of subdivision maps. (b) Subdivider has presented a specific plan for public water service to the subdivision prepared by Valley Consultants, Inc. and included as a part of the entire plan for water service are the Plans for the Improvement of Carlsbad Tract No. 72-34 -Phase I through V (Inclusive) consisting of 32 sheets (11 Plans 11 ) which are incorporated herein by reference. The entire specific plan and detailed subdivision plans have been approved by the District. (c) The entire scope of work as set forth in the specific plan which will be constructed pursuant to the terms and conditions of this Agreement is described as the I through IV -Inclusive In Tract Public Water System -Phase and Ex hi bi t II A 11 at tac he d hereto and i n corporate d here i n by th i s reference. -1 - IT IS THEREFORE AGREED: l. In consideration of the approval by the District of the subdivision and the enginering construction plans for the onsite portion of the public water system for Carlsbad Tract No. 72-34 -Phases I, II, III, & IV --------------------------, 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 pursuant to and in accordance with the Plans and Exhibit 11 A11 necessary for the installation of said water system in the following streets: All Public Streets as shown on Tract Map No. 72-34 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 satis- factory to the District and in accordance with the Plans and specifica- tions covering said work and the general specifications for pipeline construction 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. 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. -2 - 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. Subdivider shall deposit with District concurrently with the execution of this Agreement the sum of $9,000.00 , 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. 4. Until such time as all public improvements proposed to be constructed in the dedicated streets where the work covered by this Agreement is installed 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 any damage to the water mains or water system within the proposed subdivision. No permanent water service to any parcel of land within the subdivision shall be allowed until after acceptance by the District. 5. Subdivider shall be authorized to obtain from the District temporary water services for parcels of land within the subdivision prior to the completion of all of the improvement work contemplated by the Plans subject to the following conditions: a. Subdivider has entered into an agreement or agreements with the District to construct all of the improvements required for the entire water system to secure water service to individual residential lots and the commercial development area. -3 - b. That no individual meters will be installed for any particular parcel of land, with the District serving water only through the temporary meter of the Subdivider. c. That the District makes no warranty or guaranty as to the quantity of water or water pressure for any improvements of the Subdivider, or its successors in interest. ct. That the District makes no warranty or guaranty as to the necessary amount of water for fire flow or fire protection for any improvements of the Subdivider, or its successors in interest. 6. 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. Sub- divider, 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 work- manship 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 Sub- divider and Subdivider shall pay the cost thereof on demand. 7. 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. -4 - 8. 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 $425,000.00 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 of 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. 9. The Subdivider shall be entitled to reimbursement for the oversizing of all of the facilities as required for adherence to the Master Plan for Public Water System -Adopted April 7, 1976. Said reimbursement shall be pursuant to Ordinance No. 26, Article VI, Sections 1 through 18, inclusive, of the District. 10. This Agreement shall inure to the benefit of, and the obliga- tions created hereby shall be binding upon, the successors and assigns of the parties hereto. 11. 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. 12. This Agreement and any amendments hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. 13. 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. -5 - 14. 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. 15. 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. Seal Seal -6 - CARLSBAD MUNICIPAL WATER DISTRICT SUBDIVIDER NEWPORT SHORES BUILDERS, a Cali~rporation ~.,,.. _..--........ // I/~ / By// ( ( ___.--./ C . .~· (::::: •• ----- Donald B. Ayres, c.. President >-c "' a. E 0 u ., -; ;:: C "' .!! .; E <( STATE OF CALIFORNIA couNTY OF Orange On ___ J~u~n~e~-3~O~~1~9~7~6 __________ , before me, the undersigned, a Notary Public in and for said State, personally appeared _____ D~o~n~a-~l~d~=B~-~A....,_,yccr~e~s~~J~r~-------------- known to me to be the ________ President, and ______________________ ~ known to me to be the ___________ Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. NEWPORT Name (Typed or Printed) (This area for official notarial seal) NAME STREET ADDRESS CITY STATE ZIP • RECORDING REQUESTED B'v"' , , AND WHEN RECORDED MAIL TO .----- L_ __J ~-------------------~--------SPACE ABOVE THIS LINE FOR RECORDER'S USE SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE 4347 BROOKLYN AVE. N.E., SEATTLE, WASHINGTON 98105 SUBDIVISION IMPROVEMENT BOND FAITHFUL PERFORMANCE (CALIFORNIA) Bond No. ,:t, l S2J 9 Initial Premium$ $3,719 • rn KNOW ALL MEN BY THESE PRESENTS, That _____________________ _ NI:lvPOR'i' SilORES BCILDl'.,RS 1,A Ca1ifornia Cnrpo1:Htion) asPrincipalandthe SAFECO INSURANCE COMPANY OF AMERICA, a Corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CARLSDAD I•Hrn lCll'A[_ WATTElt DISTRICT , as Obligee, inthesumof h)i.Jl{ l!U);DRED ·;m~~rIY FIVL l':ii1l'.SA.\!J A;.".D XO/i0l)ollars($ 425.00CJ.UO ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, 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 ___;::;__J=u..,,__tJ_..·" _t"-; ______ _ 19 __jfi entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the following improvements: ()~ srn: \iAIER SYS1i·t1 CARL::,BAD TR.\C: 72-3,, PHASE L •• '.. _\ A]';D ~,. 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 than the Obligee named herein. Signed, sealed and dated J . 1 • , fi , 19 7 ( . ST ATE OF CALIFORNIA County of QR,\:;r.1' 1 :·:,70 Bro,,~drnn-:t St., F0ui1ta(n VaL_,,v Cn Address ACKNOWLEDGMENT BY SURETY } ss. On this ·., 1-day of .!11 1 v 19 i'fi , before me,-~,~I~.i~;l~:i~t~l ..... 1 ~Ac,......,_,~S•=,;~f•~e~n~, .... 1i~·-_ a notary public in and for the State of California with principal office in the County of-~~ ........ ~-------- residing therein, duly commissioned and sworn, personally appeared ·it,-pl1,;r, t,, ;J ,· akt• known to me to be the attorney-in-fact of Safeco Insurance Company of America, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day an~.J!.:~:.!.~.!~!~.ff!.!if.!ff·.X<:Jir:~J.abnv.e.written. : OFFICIAL :,~.: L : ~~ts•i JUDITH t_, r; •• ,: ''.:Y . ' i. f, ,,,a Public 5-821 R3 10/72 "D '' t/N IT "D " .. --P.R. STA · Ii?" PHASt:: ::E I PLAT OF WATER SYSTEM -···--zw---n~~-cT· · ··· · · · -· ·----·•·-·-----·-· . . ----~-- . -· -· ---. . --··· "''" . SC4Le I I" ::::-/000' I . ' j .-Te:AAP.·· •• P. R -STA- I ! . 4REN. L A=>OAD I. .•. ! j I i '; '. CARLSBAD MUNICIPAL WATER DISTRICT PREPARED BY : WOODSIDE -KUBOTA & ASSOC . EXHIBIT I~,, AGREEMENT I DRAWING NO . NONE DATE: Jt/LY 9, 1~76 AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SUBDIVISION LANDS AND FOR PERFORMANCE BOND CARLSBAD TRACT NO. 72-34 OFFSITE WATER SYSTEM -EL CAMINO REAL RANCHO LA CUESTA THIS AGREEMENT is made this 30th day of June ( I I I ) 19.-Z.§_, between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called " D i s t r i c t 11 , a n d NEWPORT SHORES BUILDERS a California Corporation, 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 provisions of the ordinances of the City of Carlsbad relating to the filing and approval of subdivision maps. (b) Subdivider has presented a specific plan for public water service to the subdivision prepared by Valley Consultants, Inc. and included as a part of the entire plan for water service are the Plans for the Improvement of Carlsbad Tract No. 72-34 -Phase I through V (Inclusive) consisting of 32 sheets ("Plans") which are incorporated herein by reference. The entire specific plan and detailed subdivision plans have been approved by the District. (c) The entire scope of work as set forth in the specific plan which will be constructed pursuant to the terms and conditions of this Agreement is described as the Real Offsite Water System -El Camino and Exhibit "A" 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 enginering construction plans for the onsite portion of the public water system for Carlsbad Tract No. 72-34 -Phases I, II, III, & IV , 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 pursuant to and in accordance with the Plans a n d Ex h i b i t I' A " n e c e s s a r y f o r t h e i n s t a l l at i o n o f th~ offsite water system in El Camino Real, Northerly from Alga Road - Carlsbad Tract No. 72-34 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 satis- factory to the District and in accordance with the Plans and specifica- tions covering said work and the general specifications for pipeline construction 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. 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. -2 - 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. Subdivider shall deposit with District concurrently with the execution of this Agreement the sum of $4,500.00 , 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. 4. Until such time as all public improvements proposed to be constructed in the dedicated streets where the work covered by this Agreement is installed 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 any damage to the water mains or water system within the proposed subdivision. No permanent water service to any parcel of land within the subdivision shall be allowed until after acceptance by the District. 5. Subdivider shall be authorized to obtain from the District temporary water services for parcels of land within the subdivision prior to the completion of all of the improvement work contemplated by the Plans subject to the following conditions: a. Subdivider has entered into an agreement or agreements with the District to construct all of the improvements required for the entire water system to secure water service to individual residential lots and the commercial development area. -3 - b. That no individual meters will be installed for any particular parcel of land, with the District serving water only through the temporary meter of the Subdivider. c. That the District makes no warranty or guaranty as to the quantity of water or water pressure for any improvements of the Subdivider, or its successors in interest. d. That the District makes no warranty or guaranty as to the necessary amount of water for fire flow or fire protection for any improvements of the Subdivider, or its successors in interest. 6. 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. Sub- divider, 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 work- manship 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 Sub- divider and Subdivider shall pay the. cost thereof on demand. 7. 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. -4 - 8. 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 $200,000.00 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 of 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. 9. The Subdivider shall be entitled to reimbursement for the oversizing of all of the facilities as required for adherence to the Master Plan for Public Water System -Adopted April 7, 1976. Said reimbursement shall be pursuant to Ordinance No. 26, Article VI, Sections l through 18, inclusive, of the District. 10. This Agreement shall inure to the benefit of, and the obliga- tions created hereby shall be binding upon, the successors and assigns of the parties hereto. ll. 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. 12. This Agreement and any amendments hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. 13. 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. -5 - . . f 14. 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. 15. 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. Seal Seal -6 - CARLSBAD MUNICIPAL WATER DISTRICT le, President ectors, 11 District 11 SUBDIVIDER NEWPORT SHORES BUILDERS, a California corporation ,,.---,.,, ' _/! ~-/~~,,,.,, -~·-, ,1 BY/ ,-1,,r '7>ona l d B. President >-c "' a. E 0 u QI .: ;:: C "' .!:! .; E <{ ~ "' u: c ~ "' 0 a. 0 r "' g M E ·o u.. >-c "' a. E 0 u QI .: ;:: C "' .!:! .; E <{ STATE OF CALIFORNIA } COUNTY OF ___ O_r_a_n~g~e ___________ ss. June 30 1976 On--------=---~---------, before me, the undersigned, a Notary Public in and for said State, personally appeared ____ ~D~a~□~a~l~ci~-6~-~~A'iy.~r-e~s.....,.., ---·~' r~--------------~ known to me to be the ________ President, and _____________________ _ known to me to be the ___________ Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. --~-----OFFICIAL SEAL_-~ ') NEWPORT L. FAUST Name (Typed or Printed) STATE OF CALIFORNIA } COUNTY QF __ O_R_A_N_GE__________ ss. f.'.ETT;' L. rnusr ·~ NOT{;f<Y i':JbU:.:, C<.:t',>?''iiA It Pr-W'~CiP/\L CJi-~i:;E 11 ✓ CHANGE COU,YfY My Commission Expires Oct. 4, 1976 (This area for official notarial seal) On _____ J~U~L~Y~_6 __ 1~9~7~6~--------, before me, the undersigned, a Notary Public in and for said State, personally appeared ____ __.D~aw...□~a ... kl..,___.B~-.-~A-'cy,......r~e~sey.,~J~r~--------------- known to me to be the ________ President, and ____________________ _ known to me to be the ___________ Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within i instrument on behalf of the corporation therein named, and ac- c -~ "' 0 a. knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. NEWPORT SHORES BUILDERS 0 !:!, 1- ~ Wl'NESS my :r;t;;-1cuw1 ~.. Signature ~~~---~---------------- BETTY L. FAUST Name (Typed or Printed) (This area for official notarial seal) NAME STREET ADDRESS CITY STATE ZIP " RECORLllNG REQUESTED BY ~ AND WHEN RECORDED MAIL TO ~ l__,__ __J .---------------------~--------SPACE ABOVE THIS LINE FOR RECORDER'S USE SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: 4347 BROOKLYN AVE. N.E .. SEATTLE, WASHINGTON 98105 SUBDIVISION IMPROVEMENT BOND FAITHFUL PERFORMANCE (CALIFORNIA) Bond No. 26 i 5220 Initial Premium $ 1 , 7 'iJ KNOW ALL MEN BY THESE PRESENTS, That-----------~----------:/EWPORT SHORES BUILDERS (A California Corporation) as Principal and the SAFECO INSURANCE COMPANY OF AMERICA, a Corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CARLSBAD \niN1CU'AL ';,'AHR Dl:',TRICT ,asObligee, inthesumof Ti',.: 'PJ;mvrn THi)L'S4:!i<D .AND Nril100t11:;--·•·------Qollars($ ,OQ,QG0,00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, 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 ___ J_u_l..,_y_t_) ____ _ 19 7(-, entered into a certain Agreement or Contract with the Obligee wherein the Principal agreed to complete the following improvements: 0Ff SITl hATLR SYST~~ PROGRESSI~G 4300 FEET ;WK'.i:li Of CARLSBAD TRAC'i n.-J.~ 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 than the Obligee named herein. Signed, sealed and dated Ju I\ o , 19 7 6 . ;,,;r:wrmn • __ ,,..,.,,,. ~ CAL I FOR:-i IA CORI:'ORAT ION) SAFECO INSURANCE COMPANY OF AMERICA .,.,.Prfncipal 11570 Hruokhurst St., Fountain Vallev,Ca Address ACKNOWLEDGMENT BY SURETY ST ATE OF CALIFORNIA } ss. County of ORANGI On this t I day of ,1 o 1 v 1 9 h , before me, Judi t;; ·\. '.-wcuH· '> a notary public in and for the State of California with principal office in the County of-'~'~•·~-_,_..,...._ _______ _ residing therein, duly commissioned and sworn, personally appeared ,; 1 , • ? h. r. c'· i ))· .. k" known to me to be the attorney-in-fact of Safeco Insurance Company of America, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. 5-821 R3 10/72 , ............................. ········· ............ . ! OFFICIAL SEAL i : •....:i~l JUDITH A. SWl:F.NEY ! : 1 ti> ~ , . • : My Commiuion Expires July 16, 1978 " ......................................................... iL PLAT OF WATER SYSTEM OFESITE-;.-::El .·t:A-MINO .. . ' . ' ' ' SC4LG-I I" =-1,000' ! CARLSBAD MUNICIPAL WATER DISTRICT PREPARED BY : WOODSIDE -KUBOTA & ASSOC . EXHIBIT I~,, AGREEMENT _ ZZZ . DRAWING NO. NONE DATE : ' I I '; ' !.