HomeMy WebLinkAboutSTANDARD PACIFIC OF SAN DIEGO; 1984-08-06;I • l I •
WATER SYSTEM IMPROVEMENTS AGREEMENT
REGARDING
CARLSBAD TRACT 83-2 -UNIT NO. 2
11 SEA PINES 11
AGREEMENT I
T h i s A g re em e n t i s e n t e re d i n t o o n August 6 , 1 9 8 ~,
between COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter 11 DISTRICT 11 )
and STANDARD PACIFIC OF SAN DIEGO (hereinafter 11 DEVELOPER 11 ) with
respect to the following:
A. DEVELOPER has presented the map identified as 11 Carlsbad
Tract No. 83-2 11 (the 11 subdivision 11 ) to the City of Carlsbad for
final approval under the Subdivision Map Act of the State of California
and in compliance with the provisions of the City of Carlsbad's
ordinances applicable to the filing and approval of subdivision maps.
The property encompassed by the subdivision lies within the boundaries
of the DISTRICT.
B. Manitou Engineering Company of Escondido, California, has
prepared plans and specifications for the construction of the water
system necessary to provide water service to the subdivision. The
plans and specifications are identified as 11 Carlsbad Tract No. 83-2 -
Vista Pacifica -Unit No. 211 consisting of one sheet, and are incorporated
herein by reference {11 plans 11 ). The plans and specifications for the
water improvements, which are the subject of this Agreement, are set
forth on all sheets of those plans {11 improvements 11 ). The DISTRICT
Board of Directors has approved the plans.
C. No present commitment is required of the DISTRICT as to
water service to the lots in the above-described subdivision.
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NOW, THEREFORE, in consideration of the covenants, conditions
and promises set forth below, and of the approval of the plans by
the DISTRICT, the undersigned agree as follows:
1 . Construction of Improvements. DEVELOPER agrees to construct,
or cause to be constructed, all of the water improvements set forth
in the plans as described above within one (1) year from the date of
this Agreement. The improvements shall be constructed in a good and
workmanlike manner under the direction of and subject to the approval
of the DISTRICT, which approval will be exercised in good faith and
will not be unreasonably withheld. The improvements shall be constructed
in accordance with the plans approved by the DISTRICT and in conformity
with all other applicable standards for pipeline construction which
have been adopted by the DISTRICT. DEVELOPER shall construct the
improvements at its sole cost and expense, and without any cost or
expense to the DISTRICT.
2. Inspection Fees and Deposits. DEVELOPER agrees to pay to
the DISTRICT, on demand, the full amount of all costs incurred by the
DISTRICT in connection with the work to be performed under this
Agreement including, but not limited to, engineering plan checking,
construction inspection, right-of-way expenses, materials furnished,
and a reasonable amount for the DISTRICT's indirect costs and overhead
in connection with this project. The fees and costs shall be charged
in accordance with the DISTRICT's standard practice. DEVELOPER shall
deposit with the DISTRICT the sum of $3,000.00, being the estimated
amount of the DISTRICT's expenses, at the time this Agreement is
executed. Should the DISTRICT's expenses be in excess of the deposit,
DEVELOPER shall pay the excess expenses to the DISTRICT on demand.
Should the DISTRICT's expenses be less than the amount of the deposit,
the DISTRICT shall refund the balance to DEVELOPER upon completion
of the work and its acceptance by the DISTRICT.
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3. Dedication and Acceptance of Improvements. Upon completion
of the improvements in accordance with the plans, as determined in
good faith by the DISTRICT's Manager and the DISTRICT's Engineer,
DEVELOPER shall dedicate, and the DISTRICT shall accept, the improve-
ments as the public property of the DISTRICT. The DISTRICT shall be
under no obligation to accept the improvements as public property of
the DISTRICT until such time as the following acts have occurred:
(a) All public improvements proposed to be constructed in
said subdivision, including but not limited to, streets, curbs,
drains, sewer, gas and utility lines and the improvements required
for the complete water system and necessary appurtenances thereto,
as set forth in this Agreement, shall have been completed as determined
reasonably and in good faith by the DISTRICT's engineer.
(b) DEVELOPER, at his own expense, provides to the DISTRICT
all documents and title policies necessary to vest and insure record
title in the DISTRICT to all easements and/or rights-of-way necessary
to the ownership and maintenance of the improvements. DISTRICT shall
have the right to approve the acceptability of said easements, documents
and title policies, which approval shall be exercised in good faith
and shall not be unreasonably withheld.
(c) DEVELOPER provides to the DISTRICT a statement setting
forth the actual cost of constructing the improvements.
The DISTRICT's Board of Directors shall accept the dedication on
behalf of the DISTRICT upon the recommendation of the DISTRICT Manager
and DISTRICT Engineer.
4. Interim Maintenance of Improvements. DEVELOPER shall be
responsible for the care, maintenance and repair of all damage to the
improvements constructed under this Agreement until such time as all
water system public improvements to be constructed under this
Agreement between DEVELOPER and the DISTRICT have been completed and
dedication thereof has been accepted by the DISTRICT.
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5. Guaranty of Work and Materials. DEVELOPER guarantees, for
a period of one (1) year after the DISTRICT accepts dedication thereof,
that the improvements shall be free of any defects in materials and/or
workmanship. DEVELOPER shall repair or replace, without cost to the
DISTRICT, any defect in workmanship or materials which occurs within
that time. The DISTRICT shall notify DEVELOPER in writing of any such
defect. DEVELOPER shall begin repairs within ten (10) days after
receipt of such notice, and shall proceed expeditiously to complete
the repairs within a reasonable time. Should DEVELOPER fail to begin
repairs within that time, the DISTRICT is authorized to have the
defects repaired at the expense of DEVELOPER, and DEVELOPER shall pay
the cost of such repairs upon written demand by the DISTRICT. In the
event of an emergency, as determined reasonably and in good faith by
the DISTRICT's Board of Directors, Manager or Engineer, the DISTRICT
is authorized to have the defect causing the emergency repaired,
without notice, at the expense of DEVELOPER, and DEVELOPER shall pay
the cost thereof upon written demand by the DISTRICT.
6. Water Service and Occupancy Upon Completion. There shall
not be any permanent water service provided to any parcel of land
within the subdivision, nor shall occupancy of any permanent improvement
within the subdivision be permitted, until the DISTRICT has accepted
dedication of the complete water system for the subdivision and title
to all improvements, appurtenances, easements and rights-of-way which
are a part of such system. This provision does not limit DEVELOPER
from requesting, or the DISTRICT from providing, temporary water
service to the subdivision to be used during construction. However,
at the discretion of the DISTRICT's Board of Directors, other temporary
water services may be allowed under terms and conditions agreed to
between the DISTRICT and DEVELOPER.
7 . Bond or Other Guaranty. DEVELOPER shall furnish and deliver
to the DISTRICT a performance guaranty in the penal sum of $65,000.00
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to insure faithful performance by DEVELOPER of all obligations under
this contract. The guaranty shall be in the form of a performance
bond issued by a reliable surety company authorized to do business in
the State of California, or such other form of written guaranty as is
acceptable to the DISTRICT, who shall not unreasonably withhold its
approval. The bond or other form of guaranty shall be for the benefit
of the DISTRICT and all persons or entities entitled to the protection
of the California Mechanics Lien Law in connection with the construction
of the improvements governed by this Agreement.
8. Notices. All notices or other communications required or
permitted under this Agreement shall be sent by registered or certified
mail, return receipt requested, postage prepaid, addressed as follows:
9.
To DEVELOPER:
To DISTRICT:
Mr. Robert M. Allan
Standard Pacific of San Diego
7290 Clairemont Mesa Boulevard
San Diego, CA 92111
William C. Meadows, General Manager
Costa Real Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
Benefit and Burden. This Agreement shall inure to the benefit
of, and the obligations created hereby shall be binding upon the heirs,
successors and assigns of the parties hereto. The DISTRICT acknowledges
that there did exist a dispute between it and the City of Carlsbad as
to which entity has the right to provide retail water service to this
subdivision, among others, and the right to hold legal title to all
public improvements necessary to provide such service. The DISTRICT
filed an action for declaratory relief in the North County Branch of
the Superior Court of the State of California for the County of San
Diego, case no. N20027, to resolve that dispute. The DISTRICT and
the City of Carlsbad have settled this lawsuit. The parties hereto
agree that their rights and obligations under this Agreement are
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subject to the judgment, judicial declaration, settlement or other
determination made in the above-described legal proceeding on June 29,
1983.
10. Severability of Provisions. The invalidity or illegality
of any provision of this Agreement shall not affect the validity or
enforcement of the remainder of this Agreement. If any provision or
term hereof is found to be invalid or unenforceable, the rest of the
Agreement shall remain in full force and effect as though the invalid
or unenforceable provision was not a part of the Agreement.
11. Waiver or Amendment. No provision of this Agreement, nor
any breach hereof, can be waived unless in writing. Waiver of any
one breach of any provision hereof shall not be construed as a waiver
of any other breach of the same or any other provision hereof. This
Agreement shall be amended or modified only by a written agreement
signed by the party to be charged with the amendment.
12. Governing Law. This Agreement and any amendments hereto
shall be governed by, construed and enforced in accordance with the
laws of the State of California.
13. Construction and Interpretation. This Agreement contains
the entire understanding and agreement of the parties as to the
construction of the complete water system for the subdivision, and
supersede all prior agreements, statements, discussions, representations
and understandings pertaining to that water system.
14. Attorney's Fees. The prevailing party in any action at
law or in equity, including arbitration, brought to enforce or prevent
the breach of this Agreement, or any provision hereof, including but
not limited to any action for injunctive or declaratory relief, shall
be entitled to attorney's fees and costs incurred in such action,
including those incurred in any appeal.
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15. Authority to Sign. The individuals who sign this Agreement
on behalf of the undersigned corporation and municipal water district
warrant that they have the authority and approval to do so on behalf
of such corporation and municipal water district.
STANDARD PACIFIC OF SAN DIEGO,
a Califor • corporation
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COSTA REAL MUNICIPAL
WATER DISTRJCT
/; ·;{II /
By /11/f~j[/~o('
/ Norman M. Almack, President
Board of Directors
,d No. SCR 712 .6.9 5-2
Premium: $325.00
INSURANCE COMPANIES
FIREMAN·S FUND INSURANCE COMPANY
THE AMERICAN INSURANCE COMPANY
NATIONAL SURETY CORPORATION
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
HOME OFFICE· SAN FRANCISCO. CALIFORNIA
SUBDIVISION BOND
KNOW ALL MEN BY THESE PRESENTS:
That STANDARD PACIFIC OF SAN DIEGO, a California corporatiplbs Principal and
the undersigned surety, a corporation, licensed to transact a surety business in the State of
California, as Surety, are held and firmly bound unto the City of Carlsbad
----------.----' State of California, in the penal sum of Sixty-Five
Thousand and no/100--------------------($65,000.00-----➔ DOLLARS, for the pay -
ment of which sum well and truly to be made, we bind ourselves, our heirs, executors, succ-
essors and assigns, jointly and severally by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas said Prinicpal, the
owner of a tract of land representing a subdivision entitled Carlsbad Tract No. 83-2,
Vista Pacifica, Unit No. 2 (Sea Pines) City of Carlsbad, California
intends to file a map thereof with the County Recorder of the County of San Diego,
State of California d ___________________________ , an
WHEREAS, the said map of Carlsbad Tract No. 83-2, Vista Pacifica, Unit No. 2
______________ shows said property described as follows:
"CARLSBAD TRACT 83-2, UNIT NO. 2
VISTA PACIFICA"
on which said Principal desires to construct improvements and petition the ________ _
Costa Real Municipal Water District to accept the improvements and to
approve said map of Carlsbad Tract No. 83-2, Vista Pacifica, Unit No. 2
of said subdivision before said map may be accepted, and
WHEREAS, it is required by the subdivision Map Act of the State of California, in effect
August 27, 1937, that said Costa Real Municipal Water District
require a bond conditioned for the improvements of pl ans far tbe improvement at
Carlsbad Tract 83-2, Vista Pacifica, Unit No. 2 of said subdivision before
said map may be accepted, and
WHEREAS, said Principal proposes at its own cost and expense to improve said _c_a_r_l_s_b_a_d __ _
Tract 83-2, Vista Pacifica, Unit No. 2
within the limits of said subdivision before August 15 19, _8_4 ____ , in accord-
ance with the fol lowing:
360026-4-65
AGREEMENT 1
"Water System Improvements Agreement regarding Carlsbad Tract
83-2, Unit No. 2, Sea Pines."
I
NOW, THEREFORE, if the said Standard Pacific of San Diego
owner of said Carlsbad Tract No. 83-2, Vista Pacifica, Unit No. 2
__________ .and as Principal named in this bond, shall well and truly cause said
improvements within the limits of said subdivision to be improved as hereinbefore specified, then
this obligation shall cease and be void, otherwise, it shall remain in full force and effect, and
the Surety on this bond binds itself to said Costa Real Municipal Water District ,
to the amount of the hereinabove stated penal sum, that said property shall be improved in accord-
ance with the hereinabove stated provisions.
IN WITNESS WHEREOF, said Principal has hereunto set its hands and seals, and said Surety has
caused these presents to be executed by its officers thereu o orized th is 15th
day of August , 19 84 . STAN IC OF SAN DIEGO
360026-4-65
THE AMERICAN INSURANCE COMPANY
Surety
\~-~ By _________________ _
Attorney-in-Fact
HELEN MALONEY
ATIORNEY IN FACT ACKNOWLEDGMENT
15TH AUGUST ........................................................................ day of ..... . 1984 .............. ,in the year................................ . ............................. , before me, a Notary Public in and for said SAN DIEGO ......... County, State of California, residing therein, duly commissioned and sworn, personally
.,eared ....... ~.:§.~~~ ... J".1-~~9.~.EY ----······························J{J:personally known to me, O proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to this instrument as the attorney in fact of....THE ..... AMERI.C.AN ...... INS.URAN.C.E ...... COMP.ANX ..... .
and acknowledged to me that O he ~ she subscribed the name of .......... T.HE ..... AMERI.CAN ...... IN.S.URAN.C.E ...... COMP..ANY. .......................... thereto as
surety, and O his~er own name as attorney in fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
380<M2-I -83
t
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'-9••·························~ -"--n • nh • • n • ~;,,7C~A: ~;A~-. n n ~ )1__ " I} . V
NORALEA PENNY :.. . . .. & L ~.t.l. .. I.~···... .. .. . ..
MOrnzy PUBL!C · CWrGRNiA .... Notary Public .,:
PP!NCi?AL OcFICE IN ~ . . . SAN DIEGO COUNTY ~ My comm1ss1on expires ................................................................ .
CAT. NO. NN007a,
TO 21945 CA (1-83)
(Corporation)
STATE OF CALIFORNIA
M» Commission hp. Ju!r 22, 1983 ~ •J'·•····-··----•-1., ............ -...
fl1J TICOR TITlE INSURANCE
COUNTY OF San Diego } ss.
On August 16, 1984 before me, the undersigned, a Notary Public in and for
said State, personally appeared ::::::-:fR:o:b~e:r:t~M:=:;. ::-:A:71:'.17.a~n~===================--personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
the within instrument as the
President, and Jerry Saxe
personally known to me or
proved to me on the basis of satisfactory evidence to be
the Kerson rho executed the within instrument as the 8818 ant Secretary of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my hand and official seal.
Signature £-ti½.< fi. ~ ✓7 (This area for official notarial St'
,, . GENERAL
POWER OF
ATIORJl<'EY Tn.c AMERICA!\ I~SURANCE COl\'1Pr .. ~Y
KNOW ALL ME"'i BY THESE PRESE"'iTS: That THE AMERICAN ll',Sl'RANCE COMPANY.'a Corpo;ation du!, organized and existing under the
la"' s of the State of New Jersey. and having its principal office in the City and County of San Francisco. California. has made. constituted and
appointed, and does by these presents make. constitute and appoint
-----HELEN MALONEY-----
its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name. place and stead. to execute. seal. acknowledge and
deliver any and all bonds. undertakings, recognizances or other written obligatiom in the nature thereof __________________________ _
and to bind the Corporation thereby as fully and to the same extent as if such l:,onds were signed b, the President. sealed with the corporate seal of the
Corporation and duly attested b:,, its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact ma} do in the premise~.
•""'"'
This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of THE A\1ERICA~ l~SL'RANCE CO!\IPA~Y no\\ in full
force and effect.
"Article VIII, Appointment and Authority Assistanr secretaries, and Artorney-in-Fact and Agents to accept Legal Process and Make Appearances.
Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries
and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on
behalf of the Corporation.
Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument
e\·idencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors Oi by
any person empowered to make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted b, the Board of Directors of THE
AMERICAN INSL'RANCE COMPANY at a meeting duly called and held on the :!8th day of September. 1966. and said Resolution has not been
amended or repealed: •
"RESOLVED. that the signature of ar.y· Vice-President. Assistant Secretary. and Resident Assistant Secretar} of this Corporation. and the ,eal of this
Corporation may be affi.:l.ed or printed on an} power of attorney. on an} revocation of any po"'er of attorne,. or on an, certificate relating thereto. by
facsimile. and any power of attorney. any revocation of any power of attorne}. or certificate bearing such facsimile signature or facsimile ~eal shall be
valid and binding upon the Corporation.··
IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed b} it, Vice-Pre,ident.
and its corporate seal to be hereunto affixed this 1 5th day of --~J~u~n=e ________ 19 __ 8_1 .
~i:~NSU~~;:::_
B}-----------,-\~'ic-,-~P-,,-"d7,-n·-. -----------
STATE OF CALIFOR1°'iIA,
CITY AND COVNTI' OF SA~ FRA~CISCO
15th June 81 Richard Wi 11 iams On this ______ day of _____________ , 19 ___ , before me personally came . .
to me-known, who, being by me duly sworn, did depose and say: that he is \'ice-President of THE A'.\IERIC-'1., l'.'sSl"RA,CE CO'.\IP.-\,Y. the Cor-
poration described in and which executed the above instrument; that he knows the seal of said Corporation: that the seal affi,ed l0 the ,aid ;n'1rument
is such corporate seal; that it was so affixed by order of the Board of Dire.:tors of said Corporation and that he signed his name thereto by li~e order
IN WITNESS WHEREOF. I have hereunto set m, hand and affixed my official seal. the day and year herein first abo\ e "'ritten.
■1,111111111nu111U1IHIINIIIIIIIIIIIIIIIIIIIIIIIIIIII ■
: , OFFICIAL SEAL :
: a·-, .. ;: SUSIE K. GILBERT 5 i ~"' "'i_'jj; NOTARY _MUC • CALIFORNIA 5
: ~ QTY & COUHTY Of SAH FUNCISCO 5
: " My Commission Expires Nov. 17. 198~ i ■ IIIIIIIIIHIIIIIHll ..... l ...... ltlll-llMNIIINII CERTIFICATE
ST ATE OF CALIFOR1°'ilA,
CITY AND COV"'iTY OF SAS FRASCISCO
} ss.
I, the undersigned, Resident Assistant Secretary of THE A~IERICA\. 1,SL'RANCE CO'.\IPA"·· a ~EW JERSEY Corp(lra1i,,11. [)0 HFREBY CER-
TIFY that the foregoing and attached POWER OF ATTOR,EY remain,· in fuli force and has not been re,oked; and furthermore that .-'l.rri,k \'Ill. Se,·-
tions 30 and 31 of the B,-laws of the Corporation, and the Resolution of 1!.e Board of Dire.:tor1. set forth in the Power of .-'l.ttornc,. ar,' 1w11 in ror,c.
Signed and sealed at the City and County of San Francisco. Dated the _ ___.]_5.,..T ....... H...,__ da\ of 2Hlr.!T1~'1' I Y _M ~-t!@_
Re-iident A'.',,1,1an1 S('.:rftJr~ .
360711 • T A-5-81