HomeMy WebLinkAboutAE REALTY PARTNERS; 1977-10-20;I '
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AGREEMENT FOR CONSTRUCTION OF WATER
SYSTEM TO SERVE SUBDIVISION LANDS
AND FOR PERFORMANCE BOND
AE REALTY P~RT~ERS t~xif:txxx~fx~
CARRILLO ESTATES
CARLSBAD TRACT NO. 73-29 -UNIT NO. 2 •
THIS AGREEMENT is made this 2 O th day of --'O;..;c;....;t'"""o_b...;.e_r..._, _1 9_7_7 ___ _
between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called "District",
and
AE REALTY PARTNERS, a California general partnership,
hefeinafter 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 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 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. 2)
consisting of~ sheets and are incorporated herein by reference.
(c) No present commitment is require~ ,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 Carlsbad Tract No. 73-29
Carrillo Estates Unit No. 2
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
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public work and improvement required to be done in and adjoining said
subdivision 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 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'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
Di strict's overhead in connection therewith. Subdivider shall deposit with
the District concurrently with the execution of this agreement the sum of
$3,000 .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, Di s trict shall
refund to Subdivider the difference upon completion of the work and its
acceptance by District.
4. Until such ti~e as all public impfivements proposed to be
constructed in said subdivision, including streets, curbs, drain s , 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.
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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 Di5trirt • 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
District. 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 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.
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8. Subdivider shall, upon acceptance of the work by the District
provide the District with a statement showing the actual cost of
construction of the work contemplated here1n 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 p nal sum of $67,000 .00 , which bond ---------------
or d posit hall insure the f ithful performan ce of this contract by the
Subdivider. Said bond rd posit shall also in ure to the ben fit of all
persons entitl d to the protection of thP M0 rh~ni c Lien Laws of the
State of Calif rnia.
10 . In the event f ~or nmes neces ar fnr District to take legal
action to enforce the rm5 of this agreemPn • Su bdivider 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.
CARLSBAD MUNICIPAL WATER DISTRICT
(SEAL) BY~~~£{ bonaTA. Ma C Leod • Trescfut
Board of Directors
"District"
SUBDIVIDER:
1 AE REALTY PARTNERS,
A California General Partnership
(SEAL) BY: &_,,k, d.:_
E1iasZ?ohn Garcia,
BY: Its Duly Authorized Agent
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