HomeMy WebLinkAboutSTANDARD PACIFIC OF SAN DIEGO; 1985-02-25;WATER SYSTEM IMPROVEMENTS AGREEMENT
REGARDING
CARLSBAD TRACT 83-2
SEA PINES UNIT NO. 6 --"VISTA PACIFICA"
AGREEMENT I
This Agreement is entered into on F;;,s~-.,o..n..'1 z~ , 198_2._,
between COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter "DISTRICT")
and STANDARD PACIFIC OF SAN DrEGO (hereinafter "DEVELOPER") with
respect to the following:
A. DEVELOPER is about to present the map identified as "Carlsbad
Tract No. 83-2 11 (the "subdivision") 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 hy the subdivision lies within the boundaries
of the DISTRICT.
B. Manitou Engineering Company, 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 "Plans for the Improvement
of Carlsbad Tract No. 83-2 -Vista Pacifica -Unit No. 6 11 consisting
of four sheets, and are incorporated herein by reference ("plans").
The plans and specifications for the water improvements, which are
the subject of this Agreement, are set forth on all sheets of those
plans ("improvements"). 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.
-1-
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 descrihed 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 hy 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 $2,200.00, 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.
-2-
3 . Dedication and Acceptance of Improvements. Upon completion
of the improvements in accordance with the plans, as determined in
good faith by the OISTRICT'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.
-3-
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 $48,000.00
-4-
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 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
-5-
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.
-6-
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.
STANOARO PACIFIC OF SAN DIEGO,
a Cali nia corporation
-7-
COSTA REAL MUNICIPAL
WATER DISTRICT
By
, .
l
' .
Bon ... No. SCR 7'12 89 12
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:
Corporation
That STANDARD PACIFIC OF SAN DIEGO, a California, as 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 Forty-eight thou-
sand and no/100------------------:f$ 48,000. 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 83-2,
Unit No. 6 -"Vista Pacifica"
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 83-2, Unit No. 6 -"Vista Pacifica"
______________ .shows said property described as fol lows:
Carlsbad Tract 83-2, Unit No. 6 -"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 83-2, Unit No. 6 -"Vista Pacifica''
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 "plans for the improvement
Carlsbad Tract 83-2, Unit No. 6 -"Vista Pacific~•; said subdivision before
said map may be accepted, and
WHEREAS, said Prine ipa I proposes at its own cost and expense to improve said __ C_a_r_l_s_b_a_d_
Tract 83-2 Unit No. 6 -"Vista Pacifica"
within the limits of said subdivision before February 25. 19,8"'"'6~---' in accord-
ance with the fol lowing:
360026-4-65
AGREEMENT I
Agreement for construction of water system to
serve subdivision lands and for Performance Bond -
Carlsbad Tract 83-2, Unit No. 6, "Vista Pacifica",
City of Carlsbad, California.
' .
,I
•
NOW, THEREFORE, if the said Standard Pacific of San Diego
owner of said Carlsbad Tract 83-2, Unit No. 6 -"Vista Pacifica"
___________ 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 6? its officers thereunto a orized th is 2 5th
day of February , 19 8 • STA /'C~~~t:aM,,-, SAN DIEGO
360026-4-65
;
THE AMERICAN INSURANCE COMPANY
Surety
By0~~;)~
Attorney-in-Fact
HELEN MALONE
ATTORNEY IN FACT ACKNOWLEDGMENT
ST A TE OF CALIFORNIA
County of ................ S.AN ..... DIEGO ...... .
On this.. ... . ...... ?. ?..'::I:'.H ................... day of .FEBRUARY .............. in the year.. . .... J .. 9.B. .. 5.... . ..... , before me, a Notary Public in and for said
......... ................. . ..... SAN ..... DI.EGO.... ..... . ................. County, State of California, residing therein, duly commissioned and sworn, personally
appeared ................. ~:;.:.~:;.:N ...... r.1A:I:..QNJ?..X ........................................................................... B 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... ...... '.J.:'JP?... .... A.t1.1?..R.J.: .. G.AN ..... }~N.$ .. Y..R!:\.N .. G..1?. ...... G.QM.?..AN.¥...
and acknowledged to me that O he E!~e subscribed the name of ......... '::I:' .. l:P,;: ...... AJ.'1if:B-_:J::_G_AN ..... J.N.$.P.RAN.G.J;: ...... C.9M?..AN¥.. .......................... thereto as
surety, and O his)§Cher 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.
380CM2-1 -83
·t
11111
15 :IC
11111 ~ ~
I ~
My commission expires ................................................................................................................. .
CAT. NO. NN00737
TO 21946 CA (1-83)
(Corporation) fll TICOA TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF San Diego } ~-
On February 25, 1985 before me, the undersigned, a Notary Public in and for
saidState,personallyappeared Robert M. Allan
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 pei,;son \'VhO exe~uted the within instrument as the
ASS ls tan "t 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 ~fficial ~
Signature k1/u/ d ~ ~ (This area for official notarial seal)
GENERAL
POWF,R OF
.. I A~ORNEY TY AMERICAN INSl'.RANCE COMF • lY
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSL!RANCE COMPANY. a Corporation duly organized and existing under the
Jaws of tl)e State of New Jersey. and having its principal office in the City and County of San Francisco. California. has made. constituted and
ai,pointed. 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 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 ,eal 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 premi,e, . . ~,
This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of THE AMERICAN INSL'RANCE COMPA'-.'Y now in full
force and effect.
"Article VIII, Appointment and Authority Assistant secretaries, and Attorney-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, Anorneys-in-Fact, and Agents shall be as prescribed in the instrument
evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or 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 by the Board of Director~ of THE
AMERICAN JNSL!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:>.ed or printed on any power of attorne~. on any revocation of any power of attorney. or on any certifirnte relating thereto. by
facsimile. and any power of attorney. any revocation of any power of attorne1. or certificate bearing such facsimile signature or fac,imile ,eal shall be
valid and binding upon the! Corporation ...
IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed b! its Vice-Pre,ident.
and its corporate seal to be hereunto affixed this 1 5th
ST A TE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
15th June 81 Richard Wi 11 iams On this ______ day of _____________ , 19 ___ , before me personally came ________________ .
·tome known, who, being by me duly sworn, did depose and say: that he is \'ice-President of THE A\1ERICA'-" l'-"SL'RA'\iCE CO\IPA'-"Y. the Cor-
poration described in and which executed the abo,e instrument; 1hat he kno"s the seal of said Corporation: that the seal affi\ed 10 the ,aid ;n,trumcnt
is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto b> lil..e order.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and 1 ear herein first abo, e written.
■UHIIIIIIIIUIUUIIIIIIINIIIIIIIIIIIIHIIIIIIIIIIIIII ■
: OFFICIAL SEAL :
! a·-;-;, SUSIE K. GILBERT i j i" ~!,;; NOTARY PUBLtC • CALIFORNIA ! = ~ cm ' COUNTY OF SAN FUHCISCO = : " My Commission Expires Nov. 17, 1984 i ■llllltllllltllllHlll-1 ....... NIHNIIIIIUIIIINII
STATE OF CALIFOR'ilA,
CITY AND COUNTY OF SAN FRANCISCO
CERTIFICATE
I, the undersigned, Resident Assistant Secretary of THE A\IERICAS ISSL'RANCE CO\IPA'-Y. a NE\\' JERSEY Corporati,,n. 00 HFR[HY CER-
TIFY that the foregoing and attached POWER OF ATTORNEY remain, in full force and has not been re1oked; and funhermore that Ar:i,·k \"Jll. Se,-
tions 30 and 31 of the B~-laws of the Corporation, and the Resolution of the Board of Directors. set forth in the Power of Attorne>. arc n,rn in i"or,,·.
25TH FEBRUARY 85
Signed and sealed at the City and County of San Francisco. Dated the ------~ £ (@;jf ___ _
Rc\ident A~,i-.iant S('\:rctar:,.
360711-TA->-81