The URL can be used to link to this page

Home My WebLink AboutAE REALTY PARTNERS; 1979-11-07;AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SUBDIVISION LANDS KAISER-AETNA (A E REALTY PARTNERS) CARRILLO ESTATES CARLSBAD TRACT NO. 73-29 -UNIT NO. 1 SUPPLEMENT TO AGREEMENT DATED JANUARY 5, 1977 if This Agreement-Supplement is made this 7 day of /4,)d'V~i_,,,,. , 19 79, between CARLSBA_D_M_U_N-ICIPAL WATER : -------------- DISTRICT, hereinafter called "District", and AE REALTY PARTNERS, A California General Partnership successor in interest to KAISER- AETNA, A California General Partnership, hereinafter called "Subdivider", in view of the following facts and for the following purposes: (a) Subdivider's predecessor in interest and the District entered into an Agreement dat~d January 5, 1977, for the construc- tion of the public water system of the subdivision known as Carlsbad Tract No. 73-29, Carrillo Estates, Unit No. 1. (This Agreement of January 5, 1977, is attached herewith labeled "Exhibit A", and becomes a part of this Agreement.) (b) Pursuant to the Agreement of January 5, 1977, the Subdivider has constructed the entire public water system within the Subdivision boundary of Carlsbad Tract 73-29, Carrillo Estates Unit No. 1. All of the remaining work for the construction of an off-site water system and the public water system within the sub- division boundary of Carrillo Estates Unit No. 2 have not yet been constructed. (c) The Subdivider is now ready to conclude all require- ments as set forth in the original Agreement of January 5, 1977; however, there are now circumstances which preclude the completion of the project as originally planned on a practical basis. It is therefore agreed: 1. The Subdivider will no longer be obligated to construct the off-site water system as identified in the "Plans for the Improvement of Carlsbad Tract 73-29, Carrillo Estates, Unit No. l", .. .. consisting of 35 sheets. 2. In lieu of construction of the off-site water system the Subdivider shall make a cash contribution of $192,000.00 to the District so that the District can proceed with the necessary construction of facilities so that public water service can be pro- vited to Carrillo Estates, Unit No. 1, and Carrillo Estates, Unit No. 2. 3. It is .understood that nothing in this Agreement defers or eliminates the responsibility of the Subdivider to construct all of the required on~site water system facilities within subdivision boundary of Carrillo Estates Unit No. 2. 4. The Subdivider in making the lump-sum cash contribution of $192,000.00 will not be obligated to make any further cash con- tributions for pipeline facilities being utilized that are the subject of ":Reimbursement Agreements" between a private party and the District. Any financial obligations of this character will be the responsibiiity of the District. 5. The terms and conditions of this Agreement Supplement are intended to be in harmony with the original Agreement, so that all terms and conditions set forth in the original Agreement shall be applicable to this supplement. 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) DISTRICT: CARLSBAD MUNICIPAL WATER DISTRICT By:_~~~~ Donald A. Mac~eod, President Board of Directors SUBDIVIDER: A E REALTY PARTNERS, A California General Partnership successor in interest to KAISER-AETNA, a Cali fornia General Partnership By: -2- Elias Its D n Garcia Authorized Agent AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERV[ SUBDIVISION LANDS AND FOR P1_i<FORMANCE BOND KAISER -AETNA CARRILLO ESTATES CARLSBAD TRACT NO. 73-29 -UNIT NO. l THIS AGREEMENT is made this 5th day of January, 1977 between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called "District", and KAISER-AETNA,A CALIFORNIA PARTNERSHIP hereinafter called "Subdivider", in view of the following facts and for the following purposes: (a) Subdivider is about to present to the City of Carlsbad for final approvai 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 subdivision 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 Lyle F. Gabrielson, R.C.E. 18174 and are identified as Plans for the Improvement of Carlsbad Tract No. 73-29 (Carrillo Estates Unit No. l) consisting of 35 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: l. In consideration of the approval by the District of the plans and specifications for said subdivision known as Carrillo Estates Unit No. l Carlsbad Tract No. 37-29 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 -l - ' publfc work and improvement required to be done in and adjoining said subdivision in the coristruction 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 specifications 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 directlj attributable to the work, plus a reasonable amount for District 1 s overhead in connection therewith. Subdivider shall deposit with the District concurre~tly with the execution of this agreement the sum of $25,150.00 , being the estimated amount of District 1 s expenses. Should the expenses incurred by thi 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 constructed 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. -2 - No permanent water service to any parcel of land within the subdivision shall be allowed until the complete water system and appurtenances for the subdivision 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 appurtenances for the subdivision 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 wate~ 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 District. The District shall determine the acceptability of any necessary easements, documents and title policy (policies). 7. The accepta~ce 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 with- in 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 accenta nce of the work by the District provide the District with a statemen t s howing the act ual cost of construction 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 authorized to do business in the State of California, or other acceptable form of guarantee, in the penal sum of $503,000.00 , wh ich bond or deposit shal l insure the faithful performance of this contract by th~ Subdivider. Said bond or deposit shall also inure to the bene fit of all persons entitled to the protect ion of the Mechanic s Lien Laws of the State of California. 10. In th e .event it becomes necessary for District to take leg al action to enforce the terms of this agreement, Subdivider a gre es that it will pay District reasonable attorney's f ees and costs. IN WITNESS W.HEREOF, this Agr ee ment has been executed by Subdivider and on behalf of the District by the President of its Board of Directors. (SEAL) (SEAL) CARLSBAD MUNICIPAL WATER DIS TRICT B y : A. Macleod, President Board o f Directors "District" SUBDIVIDER: KAISER AEI'NA, A California General Partnership L By= ~~~-A-~~'l':::i!!"".~~----- BY: -4 - Garcia Authorized Agent ---------------- I - ! I '.· t Iii a:: Iii :c Iii .J D. ,( 1-111 TO 445 C ( Agent of Partnership) STATE OF CALIFORNIA COUNTY OF Orange } ss. t On ------=J-::an=uary==--<----=l=-=4_,_,--=1=9::....:..7..:.7 _______ ~ before me, the undersigned, a Notary Public in and for said state, personally appeare,ud ___ ...cE_l=i'-"a-=s_J-"----'ohn"--"=---"G::..Car=-"c-"i~a ____________ _, 111 known to me to be the agent of the partnership that executed the within instrument and acknowledged to me a:: ~ that_ he_ executed the same for and on behalf of said partnership and that said partnership executed the same. Iii .J D. ,( Iii WITNESS my hand and official seal. ! Signature Diane D. Cof I Name (Typed or Printed) I ( Agent of Partnership) ST ATE OF CALIFORNIA COUNTY OF /f1A<Ult ··IU in and fo{; aid state, perso ················~············q : --w,,,. OFFICIAL SEAL : • DIANE D. COFFIN • : NOT Al<Y PUBLIC • CALIFORNIA : ♦ ORANGE COUNTY ♦ : ~Wliiii!P,/ My Commission Expires Apr. 1, 1977: •••••••••••••••••••••••••••••• (This area for official notarial seal) known to me to be the agent of the partnership that executed 11 within instrument and acknowledged to me that_ he_ executed the same for and on behalf of said partnership and that said partnership executed the same. WITNESS my hand and official seal. s;,.,.,,,, dlu,,w ,1), C'-<>j14~ l)l,qll)G }), <!AFF/~ Name (Typed or Printed) •••••••••••••••••••••••••••••• : --~ OFFICIAL SEAL : ♦ • DIANE D. COFFIN : : ~ NOTA~Y f't;!lLIC C.\Ui,)RNIA 0 ♦ , ORANGE COt,'N'i'r ~ : My CommiHion Expires Apr. 1, 1977: •••••••••••••••••••••••••••••• (This area for official notarial aeal) -