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HomeMy WebLinkAboutTITLE INSURANCE AND TRUST; 1982-03-15; (2)I . . , .. . AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SUBDIVISION LANDS AND FOR PERFORMANCE BOND CARLSBAD TRACT 74-21A CARLSBAD AIRPORT BUSINESS CENTER THIS AGREEMENT is made this 15th day of MARCH, 1982 between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter called "District", and TITLE INSURANCE and TRUST Under Holding Agreement No. 409 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 within the boundaries of the 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 specifictitions 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 Company, 3088 Pio Pico Drive, Carlsbad, California and are identified as 11 Improvement Plans for Carlsbad Tract 74-21A 11 consisting of 26 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 Carlsbad Airport Business Center (Carlsbad Tract 74-21A) 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 conformiiy and in accordance with the plans and spe~ifications 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 $12,000.00 , 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 appurteninces for the subdivi- sion have been finally accepted by the Di~trict 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 con?truction water as may be delivered under a temporary service agreement with Subdivi~er). 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 not~ce~ 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 $465,000.00 , 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, this 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 -~ ½ / .. ·~ ~ 1 .. ~ ) ' /;, /_, /~' / ,,., By : ~._.e~?'L«~ ---'#h>r'-.,.:- -D o n a l d A . Ma c L'e o d , P r e s i d e n t Board of Directors 11 District 11 SUBDIVIDER: TITLE INSURANCE and TRUST Under Holding Agreement No. 409 BY:~r..-:l'-'G~=-:!!,--C~7'-.-1-=-r----:=-------.-,;---:- w1 e Pr~sident_ .. BY:'-c,,/ { ,. (Ct : _,/41:L~· Sec'y I BOND NG. 104287 .. PREMIUM: $2,790.00 ------'-~-------- BOND FOR FAITHFUL PERFORMANCE OF AGREEMENT TO IMPROVE DEVELOPMENT -WATER FACILITIES WHEREAS, COSTA REAL MUNICIPAL WATER DISTRICT (Water District) and TITLE INSURANCE AND TRUST COMPANY UNDER HOLDING AGREEMENT 409 (hereinafter desig- nated as "Principal") have entered into and agreement whereby Principal agrees to install and complete certain designated water facilities, which said agreement, dated March 15, 1982, and identified as project CARLSBAD TRACT 74-21A CARLSBAD AIRPORT BUSINESS CENTER is hereby referred to and made a part hereof; and WHEREAS said Principal is required under the terms of said agreement to fwnish a bond for the faithful performance of said agreement; NOW THEREFORE, we the Principal and DEVELOPERS INSURANCE COMPANY, as SURETY, are held and firmly bound unto WATER DISTRICT in the penal sum of FOUR HUNDRED SIXTY FIVE THOUSAND & no/100--------------($465,000.00) lawful money of the United States, for the payment of which sum well arid truly to be made, we bind ourselves, our heirs, successors, executqrs and administrators, jointly and severally, firmly by these presents. The conditions and provisions in the said agreement 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 (including but·not limited to, the guarantee of all work and materials for a period of one year after acceptancei and in all respects according to their true intent and meaning, and shall indemnify and_save harmless COSTA REAL MUNICIPAL WATER DISTRICT and its respective officers, agents, and employees, as therein stipulated then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reffionable attqrney's fees, incurred by said District in successfully enforcing such obligation, all to be taxed as costs and included in any j udqmerrt 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 to be performed thereunder or the specifications accompanying the same shall '.in anywise affect its obligation on this bond, and it does hereby waive notice of such changes in the agreement or to the work or to the specifica- • tions. IT WITNESS WHEREOF, this instrument has been duly executed by the _PRINCIPAL and SURETY above named on March 16, 1982. (PRINCIPAL) • TITLE 'UNDER TRUST COMPANY 409 (SURETY) DEVELOPERS INSURANtE COMPANY- By: ~lt\,1\/uC;(~ . l ~v~----- J e rome L. Hren, Attorney-in-Fact TO 194!5 CA (8-74) .TITLE INSURANCE AND TRUST (Corporation) t Ill a: Ill :t Ill J a. ,( 1-(1) !..TATE OF CALIFORNIA COUNTY OF San Di ego t f SS. A TICOR COMPANY Cm March 19, 1982 before me, the undersigned, a Notary Public in and for said State, personally appeareud ____ _,W-'--""i'"'l.._.1-=-----i.,,a,,.rn.._,__~W.!--"-. __,C=r_,,o,_,s""'b=--..cy'--______________ _, known to me to be the Vice President, anud _ __,W_.__...i,_,l,,_.,,,l"'i"-'a=rn'-'------W-'-'---'.'---.e!Bc..:e=e,c..,r,,___,,,sc___ _ _, known to me to be Assistant Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. (This area for official notarial seal) Stdte of CALl.t Ui"-l\J IA County of SAN { ss DIEGO On March 16, 1982 , before me, a Notary Public m and for said County and Stale, residing thetem, duly comm1SS1oned and sworn, personally appeared JEROME L. HREN known to me to be Attomey-m-F,.ct of DEVELOPERS INSURANCE COMPANY the corporation described m and that executed the within and foregomg instrument, and known to me to be the person who executed the :oa1d instrument in behalf of the said corporation, and he duly acknowledged to me that such corporahon executed the same. OFFICIAL SEAL 360212-6-66 JOAN E. HAYES - NOTARY ru:w CALl~ORNIA ~ ~~ PRIN:: PAL OrFICE IN M_ My Commission Expires -1-1----,-,--=---,-,--'s.,,.,_>J-,,-'-D-": :~:,...c.J-,,.::C=C..cU-N~T-Y~-i+----------:;.c._-"~"---=-'"'--?__,, __ -4_..._.'------..i::---.--My Commission Expires April 20, 198 r Notary Public ,_J ' . .,, GENERAL, POWER OF ATTORNEY DEVELOPERS INSURANCE COMPANY LOS ALAMITOS, CALIFORNIA KNOW ALL MEN BY THESE PRESENTS: That DEVELOPERS INSURANCE COMPANY, a corporation, duly organized and existing under the laws of the State of California. and having its Home Office in the City of Los Alamitos, California. has made, constituted and appointed and/ does by these presents make, constitute and appoint Jerome L. Hren and Joan E. Hayes, ita true and lawful Attomey(s)-in-Fact, with .iui!~;!;l~ aQiJ;;ritt>~i~~~f in ita name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof • and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article IV, Section 11 and 12 ofBy-laws of DEVELOPERS INSURANCE COMPANY adopted on the 30th day of March, 1979, and now in full force and effect. Article IV, Appointment and Authority of Resident Assistant Secretaries, and Attorney-in-Fact and agents to accept Legal Process and Make Appearances. Section 11. The Chairman of the Board, the President, any Vice President. any Secretary or any Treasurer may appoint allorneys-in-fact or agents with power and authority, as defined or limited in their respective power of attorney, for and on behalf of the corporation to execute and deliver, and affix the seal of the corporation thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove such attorney-in-fact oragent and revoke the power and authority given to him. Section 12. Any bond, undertaking, recognilance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the corporation when signed by the Chairman of the Board, the President. any Vice President or any Treasurer and duly attested and sealed, ifa seal is re11uircd, by any Secretary or when signed by the Chairman of the Board, the President, and Vice President or any Treasurer and countersigned and scaled. if a seal is rc11uired, by a duly authorized attorney-in-fact or agent and any such bond, undertaking, recognizance. consent of surety or written obliption in the nature thereof shall be valid and binding upon the corporation when duly executed and sealed. if a seal is required, by one or more attorneys-in-fact or a,ents pursuant to and within the limits or the authority granted by his or their powers of attorney. This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of DEVELOPERS INSURANCE COMPANY at a meeting duly called apd held on the 14th day of January, 1980, and that said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of auorney, or certiftcate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, DEVELOPERS INSURANCE COMPANY has caused these presents to be signed by its Secretary.and itscorporatesealtobe hereunto affixed this 14th day of January, 1980. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. DEVELOPERS INSURANCE COMPANY On thia 24th day of Auguat, 1981, before me peraonally came Paul E: Griffm, Jr., to me known, who being by me duly sworn, did depose and say: that he is Secretary of DEVELOPERS INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he sianed his name thereto by like order. OFFICIAL SEAL MARY R ROBERTSON NOTARY PUBLIC • CALIFORNIA LOS ANGELES COUNTY MJ comm. expires OCT 23, 1984 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. I the undersigned Vice-President of DEVELOPERS INSURANCE COMPANY, a CALIFORNIA Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has noibeen revoked; and furthermore that Article IV, Sections 11 and 12 ofthe By- laws of the Corporation, and the Resolution of the Board of Directors. set forth in the Power of Attorney, are now in force. Sianed and sealed at Los Angeles, California, this-1§__ day of March , 19~. ~ent . . • r . NEW ENGLAND REINSURANCE CORPORATION BOSTON, MASSACHUSETTS POWER OF ATTORNEY (THIS POWER OF ATTORNEY SUPERSEDES ALL PREVIOUS POWERS OF ATTORNEY) KNOW ALL MEN BY THESE PRESENTS, that the NEW ENGLAND REINSURANCE CORPOR- ATION, a corporation duly organized under the laws of the Conmonwealth of Massachusetts, and having its principal office In the City of Boston, County of Suffolk, Commonwealth of Massachusetts, does hereby make, constitute and appo Int MARCUS E. GREEN and LARRY R. ANDERSON, Jointly and severally Its true and lawful Attorney(s)-ln-Fact, with full power and authority to each of said Attorney(s)-ln-Fact, In their separate capacity If more than one Is named above, to execute, sign and del Iver Certificates of Reinsurance reading as fol lows: "CERTIF !CATE OF RE INSrnAf'CE by NEW ENGLAND REINSURANCE CORPORATION 60 Batterymarch Street Boston, Massachusetts 02110 This ls to advise that Developers Insurance Company of Los Alamltos, Cali- fornia, has currently In force with New England Reinsurance Corporation reinsurance which provides Indemnification for any one surety bond Issued by the Company in amounts up to $850,000 of loss In excess of $150,000 with respect to any one undertaking subject to an aggregate loss of $1,700,000 with respect to al I such bonds. This advice Is based on the terms and conditions of the formal Reinsurance Contract agreed upon by both parties and is subject to change either verbally or In writing by the mutual agreement of both parties. This ls to further Indicate that New England Reinsurance Corporation has been advised that Developers Insurance Company has Issued the fol lowing bond: Principal Prlnclpal's Address Obi igee Description of Bond Bond No. Effective Date of Bond: Bond Amount IN WITNESS WHEREOF, the these presents to be signed 19 82. TITLE INSU~NCE & TRUST COMPANY UNDER HOLDING AGREEMENT 409 220 "A" Street, San Diego, CA 92101 COSTA REAL WATER DISTRICT JB!~D~ul Performance-Water Improvements $465,000.00 NEW ENGLAND NEW ENGLAND REINSURANCE CORPORATION This power of attorney Is granted by and under authority of a provision of the By-Laws of the NEW ENGLAND REINSURANCE CORPORATION currently In effect which authorizes the President or any Vice President to execute powers of attorney. I hereby certify that the person signing above ls currently Vice President of the Corporation. •""·-~1•-• ••· C Sea I > Signed by the Secretary this,_;\/day of(/,_b/7 , 19 ,f-/. / / / /' ;· ,· / .,,,,,,---·--) >--/ _/ /. ~/ c-CC~4,K~11 Stale of Calif. County of San Diegq ss: On March 16 1982 , before me a Notary Public in and for said County and State, residing thcrin, duly commissioned and sworn, personally appeared Marcus E. Green known to me to be Attorney-in-Fact of NEW ENGLAND REINSURANCE CORPORATION the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the sa,id corporation, and the duly acknowledged to me that such corporation executed the same. , the day and year stated in this certificate above.