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
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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
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____ , 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
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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,
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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.
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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)
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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[
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APR 2 7'72