Loading...
HomeMy WebLinkAboutA.L.J. ENTERPRISES NO. 1; 1972-04-10;AGREEMENT FOR CONSTRUCTION OF WAt~R SYSTEM TO SERVE SU!JDI VISION LAND E C E I V E D AND FOR PERfORMA!iCE BOND Casitas De La Costa CondominiulTI APR 24 1972 WOOQS 1~!F. -KL130TA & ASSOC. Cl'! :'.::L'._ 7" '~(; [i\JC:!NEEHS THIS AGREEMENT is made this 10th day of ----"A"'p-"r=l=l_l,,_9'-7'-'2:c_ ___ , between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called "District", and A. L. J. Enterprises No_. J hereinafter called 11Subdivider11 , in view of the following facts and for the following purposes: • . (a) Subdivider is about to present to the Count_y of San Di ego 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 filing and approval of sub- division maps. (b) Plan·s 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 District. Said plans and specifications .were prepared by Robert E. Walters R.C.E: 16611 . • and are identified as Plans for the Improvement' of Water ·Main, -in Casitas De La Costa consisting of _L sheets and are incorporated _herein by reference. (c) No present commitment is required of the District a, to • water or sewer service to said subdivision lots. IT IS, THEREFORE, AGREED: 1. In consideration of the approval by District of the plans and specifications for said subdivision kno•-m as: Cas·itas De La Costa Condominium on Lots 2 and 3 of La Cost~ Condominium ' ' _N.,_o.,_,_. __._1 _,,_U"-n,.i .,_t_,,_N;co~. _.,,_2i, -"M"-a"p-"-N-"o~. ----"5-"6-"4-=2-----~---------• ____ , Subdivider agrees to do and perforr., or cause to be done and performed, at his m·m expense and without cost or liability to District, all of the public work and improvement required to be done -1 - ··--·--·--· -..... ~~"' 1n and adjoining said subdivision in the construction of a complete water system to serve said property. Said work shall be done and perfonned in~ good and workmanlike manner under the direction of and satisfactory to District, all in strict conformity and in accor- dance with the plans and specifications covering said work and the general speci f1 cations covering said work and the general speci- fications for pipeline construction adopted by District. Subdivider will furnish all necessary materials and-labor required in said work and will pay and discharge all bnls and claims arising out of the performance of said work. 2. Subdivider agrees that all of the >tork covered oy this agreement will be completed on or before 365 days. 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, plus a reasonable amount for District's overhead in con- nection therewith. Subdivider shall deposit with District con- currently. with the execution of this agreement the sum Of $1,000 ~e1ng the estimated amount of District's expenses. Should·ttie 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 differer.-:e upon completion of the work and its acceptance by District. 4. Until such time as all public improvement~ pro:Josed to ::it constructed in said subdivision, including streets, curbs, dra4ris. sewers, gas ar,d utility lines, grading, etc .• shall have been comp1e~ed and accepted by District and all ot~:.:r put,lic authorities having jurisdiction, Subdivider shall be res;:ionsib!e fo· trie care, -2 - • r--. .. 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. Unitl such tilll:! as the work covered by this agreement has been finally accepted by District and title hereto, together with all necessary easements and rights of way, transferred to District," 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 fina11y accepted the water system, 6. Subdivider, at the expense of Subdivider, shall furnish to the District any necessary easements, docuirents and tit le 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 po 1 icy ·(pol i ._ 1 es) . 7. The acceptance of the work on behalf of the District shall be made by the Board of Directors of District upon reconmendations 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~· all repair and replace any and all work. that may prove defective in workmanship and/or materials within said one-year period witnout expense to the District. In the event of failure to comply w-ith the provisions of the quarantee within ten (10) r.ays after notice in writing, District is authorized to have the defects reiJ•1:,..ed and made good at the expense of Subdivider, and Subdivider S'lall pay the cost thereof on demand. . 3 . 8. 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. 9. Subdivider shall furnish and deliver to Di.strict, 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 22,000.00 dollars , which bond or deposit shall insure the faith- ful performance of this contract by 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 tenns of this agreeement> Subdivider agrees that it will pay District reasonable attorney's fees and costs. 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. (SEAL) with (SEAL) -4- CARLSBAD MUNICIPAL WATER DISTRICT By: <::jr,wJ t!l II /, ED W. MAERKLE President Board of Direct rs "District" Subdivider: A,L,J, ENTERPRISES No, 1, Ltd, PartneJ By:~~~::~~i~ --~ . res dent ~~al~ y-reas. ~I\RLSBAO MUN1CIPA[ ")\ '>'\ \ APR 2 7'72