HomeMy WebLinkAboutAndrex Development Company; 1981-08-06;AGREEMENT FOR CONS!qLJCTION OF WATER
SYSTEM TO SERVE SUBDIVISION LANDS
AND FOR PERFOHMANCE BOND
CARLSBAD fRACT 80-47
RESUBDIVISION OF LOT 8,
PALOMAR AIRPORT BUSINESS PARK UNIT NO. 1
MAP 8054
T H I S A GR E EM E NT i s ma de t h i s 6 th day of -----=Au=gus==t-'1=9=8=1=------
between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter called "District 11 ,
and ANDREX DEVELOPMENT COMPANY
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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 ~ubdivision 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 CEP Associated, 2391 Oceanside Boulevard, Oceanside, Calif., 92054
and are identified as 11 Improvement Plans for Water and Sewer for:
CT 80-47/MS 540, Lot 8, Map 8054 11
consisting of 3 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 Andrex Development,
CT 80-47, Resubdivision of Lot 8, Palomar Airport Business Park Unit #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 1 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 1 s overhead in connection therewith. Subdivider shall deposit
with the District concurrently with the execution of this agreement the
sum of $9,000.00 , being the estimated amount of District 1 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 1 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 syst. m and appurtenances for the subdivi-
sion have been accepted by the DistriLt.
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 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 , which bond or other ---------$102,000.00
form of guarantee shall insure the faithful performance of this contract
by the Subdivider. Said bond or other form of guarantee shall also inure
to the benefit of all persons entitled to the protection of the Mechanics
Lien Laws of the State of California.
10. In the event it becomes necessary for the District to take legal
action to enforce the terms of this agreement, Subdivider agrees that it
will pay District reasonable attorney's fees and costs.
IN WITNESS WHEREOF, this Agreement has been executed by Subdivider
and on behalf of the District by the President of its Board of Directors.
COSTA REAL MUNICIPAL WATER DISTRICT
(SEAL)
~ /:'
By : »~~ ~/J Donald A. Macleod, President
Board of Directors •
"District"
SUBDIVIDER:
, (SEAL)
!DENT
BY: _______________ _
"
-4-
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
g
'·--'. ---
. OFFICIAL SEAL
•· TERI CANNELL
... V
. ,.' 1: NOT ARY PUBLIC -CALIFORNIA •• d, LOS ANGELES 00UN1'Y .• 11¥ ;;.$ Commilllon &a,INe U., 11, t• ,. ' ;--v ............... ._ ............
~ 55.
Onthis ____ AUGU&T.6,. ______ _ -c---------__ , 19 81,
bl'fore me, the undersigned, a 1iotary Public in and for said State, personally appeared
__ HOWARlLS MANN _ _ , known lo me to be the
_COfill_____ President, and. nla _ _ _________ , known to me
to be the ____ nf a _ _ Secretary oLn/a __
-----------------------
the corporation that executed the within instrument and known to me to be the person __
who executed the within 1nstrurnent on behalf of said corporation, said corporation being
known to me to be a general ~artner of __ AND~EX DEVELOPMENT C=O ____ _
a partnership, the partnership tilat executed the w1th1n 1nstru111e:int, and acknowledged to me
that such corporation exerntcu \iie sa111e as such partner and lhat such partnership executed
~1\~'~\I my ha,d a"d afl,c,al1 ~
--~-----~---------
Af"KNOWLED"'MENT BY r.o"or,o•Tlf'IN WHlf"H IS A GENERAL PARTNER WOLCOTTS FORM 230 -----·--Notary Public in and for said State.
.•
13afboa !Insurance eompanlf
Subdivision Bond -California
Faithful Performance
KNOW ALL MEN BY THESE PRESENTS:
That ANDREX DEVELOPMENT COMPANY
BOND# LOS-065881
PREMIUM---$--=-2-,~0~4~0~.~o~o~---___ _,__ _______ _
WATER SYSTEM BOND
, as Principal, and BALBOA
INSURANCE COMPANY a corporation organized and existing under the laws of
the State of California and authorized to transact surety business in the .,
State of California, as Surety, are held and firmly bound unto the COSTA
REAL MUNICIPAL WATER DISTRICT in the sum of ONE HUNDRED TWO THOUSAND ---------------------
• • Dollars ($102,000.00 --------------AND N0/100. ) 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.
-WHEREAS, The COSTA REAL MUNICIPAL WATER DISTRICT , State of
California and ANDREX DEVELOPMENT COMPANY (hereinafter
designated as principal) have entered into an agreement whereby principal
agrees to install and complete certain designated public improvements, ••
which said agreement, dated ________________ and identified as
project and/or tract CT 80-47/MS 540,I.Dt 8, is hereby referred to and
made a part hereof; Map 8054
The condition of this obligation is such that if the above bounded princi-
pal, his or its heirs, executors, administrators, successors or assigns,
shall in all things stand to and abide by, and well and truly keep and
perform the covenant~conditions and provisions in the said agreement and
any alteration thereof made as therein provided, on his or their part, to
be kept and performed at the time and in the manner therein specified, and
in all respects according to their true intent and meaning, and shall
indemnify and save harmless Costa Real Municipal Water District , its
officers, agents and employees, as therein stipulated, then this obliga-
tion shall become null and void; otherwise it shall be and remain in full
force and effect.
As a part.of the obligation secured hereby and in addition to the face
amount specified therefor, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees incurred by District
in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work
performed thereunder or the specifications accompanying the same shall in
anywise affect its obligations on this bond, and it does hereby waive
◄notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications. '. 4th Signed, sealed and dated this _______ day of , 19 ---------------
August 81
ANDREX DEVEIDP~ CCMPANY BY IDWARD MANN
~ ASSCX::IATES/PARTNER BY H~ S. MANN/PRES.
• / /]
, ~.,_/ (. l '--'• / •~vl../4.-"'---·-·-
------~~-I
Bl\LB0.7\ INSURANCE COMPANY
~~~~--
Elaine Stevens, Attorney-In-Fact
'13alboa !lmurarzce CompamJ
Subdivision Bond -California
Labor and Material
KNOW J\LL MEN BY THESE: PRESEN'I'S:
BOND # I.05-065881
WATER SYSTEM BOND
THAT WE ANDREX DEVEI.DP.MENT ro-1PANY p • • l ___________________________ , as r1nc1pa,
and Balboa In.suronce Company, as Surety, are held and firmly bound
unto COSTA REAL MUNICIPAL WATER DISTRICT , in the sum of O'NE HUNDRED '!ID
THOUSAND AND NO/100. • . . • • • ($102,000.00 ) , lawful money of the United
States, for the payment of which sum, well anr. truly to be made, we
bind ourselves, jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT,
WHEREAS, COSTA REAL MUNICIPAL WATER DISTRICT , State of
California, and ANDREX DEVELOPMENT Ca1PANY
have entered into an agreement whereby principal agrees to install and
complete certain designated public improvements, which said agreement,
dated ________ , and identified as project and/or tractCT 80-47/MS 540
rot ~ Map 8054 is hereby referred to and made a part hereof; and
WHER S; under the terms of said agreement, principal is required be-
fore entering upon the performance of the work, to file a good and
sufficient payment bond with the COSTA REAL MUNICIPAL WATER DISTRICTto secure
the claims to which reference is made in Title 15 (commencing with Section
5082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, said principal and surety, are held firmly bound unto the
COSTA REAL MUNICIPAL WATER DISTRICT and all contractors, subcontractors,
laborers, materialmcn and other persons employed in the performance of the
aforesaid agreement and referred to in the aforcsai~ ro~c of Civil
:r-1 occdurc, for ma tcri als fnrnislv:-,1 or L1bor thereon of any kind, or for
amounts due under the Unemployment Insurance J\ct with respect to such
work or labor, ~hat said surety will pay the same in an amount not ex-
ceeding the amount hereinabovc set forth, and also in case suit is
brought upon this bond, wi 11 pay, in adrli tion to the face amount thereof,
costs and reasonable expenses and fees, including reasonable attorneys'
fees, incurred by District in successfnlly enforcing such obligation,
to be awarded and fixed by the court, and to he taxed as costs and to
be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure
to the benefit of any and all persons, companies ano corporations entitled
to file claims under Title 15 (commencing with Section 3082 of Part 4 of
the Civil Code), so as to give a right of action to them or their assigns
in any suit broughc. upon this bond.
Should the condition of this bond be fully performed, then this obligation
shall become null and void, otherwise it shall be and remain in full force
and effect.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement or the specification
accompanying the same shall in any manner affect its obligation ~nder this
l>ond, and it does hereby waive notice of any such chancie, extension,
alteration or adnition.
'In Witness Whereof this instrument has been duly executed by the Principal
and Surety above named on 4th day of AuguSt ____ 19 81
ANDREX D§YEIDPMENT Ca1PANY BY HOWARD MANN &
ASSCX::IAT&S/PARTNER ~ HQVARD S. MANN/PRES.
Ffa lboa Insuran Company
~_,,L_?~
Elaine Stevens, Attorney-in-Fact
BALBOA INSURANCE COMPANY
620 NEWPORT CENTER DRIVE. NEWPORT BEACH, CALIFORNIA 92660
GENERAL POWER OF ATTORNEY
Know All Men by These Pre~ents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing
under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by
these presents make, constitute and appoint ________________________________ _
ELAINE STEVENS
of Newport Beach and State of California its true and lawful Attorney(s)-in-Fact, with full
power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver _________ _
ANY AND ALL BONDS
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the
corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
Attorney(s)-in-Fact may do in the premises. Said appointment is tnade under and by authority of the following resolution adopted
by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962.
"Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby
vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
"Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on
behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity
and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's
liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if
signed by the President and sealed and attested by the Corporate Secretary." •
Incorporated -·-Feb.6, 1948
State of California ~
ss.:
County of Otange .
this 24th ~,.__~:::::::::__ _ _::!,J_:::u~lLy ____ , A.D., 1~0 , before me personally came
William Palgutt , to me known, who, being by me duly sworn, did depose and say,
On
that he resides in Mission Viejo, California , • that he is
__ -.:::.S.:;.en=io;;;..r=--V.:..:.ic.;;_e=--P;..;r=-e;;;..s=-1=-· d;;;..e;;;..n.:;.t=-----of BALBOA INSURANCE COMPANY, the company described in and wluch
executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order.
,/ ) ✓ I
~.. OFFiCIAL SEAL ;e:;._'r?'L-LLu~ a c.:,.~_,L--,U ,S-!-
l~~-J'~ KIMBERLY A. FORREST f J Notary Public
"~ • t:: NOTARY PU8LIC-CAUFORMA I' ' /~ • ;;-PRINCIPAL OFFICE IN f
._ ·c•·•' ORA:~GE COUNTY i
,S My Commission Expires Aug. 22, 19-83 ,
l :» J :::e::i :: zn:.: ::z,~:-:::~
I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true anJ
correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of
Attorney is still in force and effect.
And I do hereby further certify that the Certification of this Power of Attorney is sigr,ed and sealed by facsimile under
and by the authority of the foliowing resolution adopted by the Board of Directors of the Balboa Insurance Company at a
meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed:
"RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation,· and the se;i.l of
this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this-Corporation, and
that such printed facsimile signature and seal shall be valid and binding upon this Corporat1on.'·
GIVEN under by hand and the seal of said Company, at New!)ort Beach, California, this ____ 4_t_h ________ day of
August ,1981 .
nus POWER OF A ITORNEY EFFECTIVE ONLY
IF ATTACHED TO BOND NO. __ L_o_5-_0_6_5_8_8_1_
■2tl!:172
STATE OF
County of
On this
California )
) ss:
Orange )
4th day of August
Kimberly A. Forrest
before me
~---=-=----...:::_~~--=--==----------------• a Notary Public in and for the said
County of Orange State of California --===-===-='°----• residing therein, duly commi~fioned
and sworn, personally appeared Elaine Stevens known to me to be the Attorney-in-Fact of the
Balboa Insurance Company, the corporation that executed the within • strq,ment, and acknowleaged to me
that he subscribed the name of the Balboa Insurance Company there and his own nam)s Atto,nIT?y-in-F. _ .
~~-~-""' OFFICIAL SEAL / / ~ ,,,-1/?// ( / ~Le J' -L :;I ' -0, KIMBERLY A. FORREST -~ --t-l /, '---/-
~, .. ~_• • ,~ NOTARY PUBLIC-CALIFORNIA Notary Public in a or the County of
;:~ . f PRINCIPAL OFFICE IN
◄,,, ,., • ORANGE COUNTY Orange ' State of California
1 L002ZR776 My Commission Expires Aug. 22, 1983
U.J. ..rl..J. £.I VJ.~ )
Orange ) ss:
County of )
On this 4th day of August -------=-----------'-19 81 before me
Kimberly A. Forrest ______________________ , a Notary Public in and for the said
County of Orange State of California _________ ___, residing therein, duly commissioned
1L002ZR776