HomeMy WebLinkAboutBIRTCHER PACIFIC; 1980-11-13;• ......
AGREEMENT FOR CONSTRUCTION OF WATER
SYSTEM TO SERVE SUBDIVISION LANDS
AND FOR PERFORMANCE BOND
LOT 10
CARLSBAD TRACT 79-14
PALOMAR AIRPORT BUSINESS PARK #1
BIRTCHER BUSINESS CENTER
THIS AGREEMENT is made this 13th day of __ N_o_v_e_m_b_e;.__.r_,,.__1_9_8_0 ____ _
between COSTA REAL MUNICIPAL WATER DlSTRICT, hereinafter cal)ed 11 District 11 ,
and Birtcher Pacific, a general partnership
hereinafter called 11 Subdivider 11 , 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 with-
in 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 Henry Worley and Associates, San Diego, California
and are identified as
Lot 10
Site Development Plan, Birtcher Business Center,
consisting of 10 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
Lot 10, Map 9744
Birtcher Business Center.
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 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 conformity
and in accordance with the plans and specifications 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 _$~3CC--L-,O~□~□~-~□O-=----_, 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 tim~ 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-
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,,....
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 appurtenances for the subdivi-
sion 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 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).
i. 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 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 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 -~$_6-8 ........... ,0-□-□--~0-0 ___ . 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.
IO. 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 1 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.
COSTA REAL MUNICIPAL WATER DISTRICT
(SEAL) BY:~-~~~ n a d A~Mac eod , Pres i ent
Board of Directors
11 District11
SUBDIVIDER:
BIRTCHER PACIFIC, a general partnersh
( SEAL)
BY: -----------------
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STATE OF CALIFORNIA }
-_O_R_AN_G_E ______ u. COUNTY OF
On _ __,N_._o=..,v...,e..,m"'."'b"'e,..r _ _,_]_,,3"',--'-1~9""8,<CO _______ , before me, the undersigned, a Notary Public in and for
said State, personally appeared Ronald E. Birtche=-r ___________ _
f known to me to be one Of the partners of the partnership ;;:
a: :E ., ;.
C t "' a. I ... e 0 lL
that e,c:ecuted the within instrument and acknowledged to me that
such partnership e,c:ecuted the same.
WITNESS my hand and official seal.
Signature~~~
A. Colleen Gibson
Name (Typed or Printed)
',~~~
~I r-ft,.l~~-, OFF1ClAL SEAL
(i itr,~;·~i)t~~ A. COLLEEN GIBSON
;'I 1,t ,'!' ":"i'.;t,,: G NOTAl<'f PUBLIC • CALIFORNIA
,, \;/ ~:::.:i~'.7' ORANGE COUN.TY
Ji .; ,/\:b My comm. expires APR 30, 1982
~-.;=~~v---~~,~==o:;-o"-"'"="""""""""""""
(This area for official notarial seal)
,
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'-· -_ DEVELOPERS INSURANCE CO iNY
P. O. Box 884 ~ •
Bond No. 101285
Premium: $1 020 oo , .
Los Alamitos, California
PERFORMANCE BOND -SUBDIVISION IMPROVEMENTS-WATER SYSTEM
KNOW ALL MEN BY THESE PRESENTS:
That BIRTCHER PACIFIC • Subdivider,
as Principal, and DEVELOPERS INSURANCE COMPANY, a California Corporation
as Surety a-re held and firmly bound unto Costa Real Municipal Water District
in the penal sum of Sixty-Eight Thousand & no/100 { $68,000.00)
for the payment of which well and truly to be made, said Subdivider and
Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS that the Subdivider, as a condition of
the filing of the final subdivision map of Tract 79-14 ,
entered into an agreement or agreements with said Costa Real Municipal
Water District
to complete the improvements specified in said agreement or agreements.
NOW, THEREFORE, if the Subdivider shal1 well and truly perform said
agreement or agreements during the original term thereof or of any
extension of said term that may be granted by Costa Real Municipal
Water District ------------------...,....,,-....,....,,--.--,----:--::..,,...--,---...,....,.----, with or without notice to the Surety, this obligation shall be void,
otherwise it shall remain in force and effect.
Signed, sealed and dated this 13th day of ....;;N;.;..o;;;..v"-'e=m=b=e=r ______ l9,ao
BIRTCHER PACIFIC
Principal DEVELOPERS INSURANCE COMPANY
BY ,_a.._ . .,?#"/2 __ ,.,. __ .,..,._.,-
Klbert H. Brunet,
Attorney-in-Fact
Attach notarial acknowledgement of signature of Attorney-in-Fact .
··~\
.,...) 'GENERAL
POWER OF
ATTORNEY
DEVELOPERS INSURANCE COMPANY
LOS ALAMITOS, CALIFORNIA
' . KNOW ALL MEN BY TH ESE PRESENTS: That DEVELOPERS INSURANCE COMP ANY, 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
presentsmake,constituteandappoint Russell P. Tomlinson, Albert H. Brunet and
Marcus E. Green jointly or severally
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 exteni as if such bonds were signed by the President, sealed with the corporate sea I 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 of By-laws of DEVELOPERS INSURANCE COMPANY adopted on the 30th
day of March, l 979, and now in full force and effect.
Article lV, Appoinlmrnl and Authority of Resident Assistant Secretaries, and Allorney-in-Fact and agents to accept Legal Process and Make Appearances.
Section 11. The Chairman of the Board. the President, any Vice Pre,ident, any Secretary or any Treasurer may appoint attorneys-in-facl oragents wilh power and authority,
a, defined or limited in their respective power of attorney, for and on behalf of the corporation to execule and deliver, and affix the seal of the corporation thereto, bonds,
undertakings, recognizances, consents of surety or other written obligations in lhe nature thereof and any of said officers may remove such attorney-in-[ act or agent and revoke
the power and authority given to him.
Section 12. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof sha II be valid and binding upon t hecorporntion when signed by
the Chairman of the Board, the President, any Vice President or any T reasurerand duly aHested and sealed, if a seal is required. by any Secretary or when signed by the Chairman
of the Board, the President, and Vice President or any Treasurer and countersigned and sealed, if a seal is required, by a duly authorized attorney-in-fact or agent and any such
bond, undertaking, recognizance. consent of surety or written oblig;Hion in the nature thereof shall be valid and bin<li ng upon the corporation when duly executed and scaled. if a
seal is required, by one or more attorneys-in-fact or agents pursuanl to and within the limits of the authority granted by his or their powers of attorney.
This power of attorney is signed and sealed under and by the authority or the following Resolution adopted by the Board of Directors of DEVELOPERS
INSURANCE COMPANY at a meeting duly called and 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 l\ssistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of•attorncy, on any revocation of any power of attorney, or certificate 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 its corporate seal to be
hereunto affixed this 14th day of January, 1980.
ST ATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
By
DEVELOPERS INSURANCE COMPANY
Paul E. Griffin. Jr .. Secretary
On this 14th day of January, 1980, before me personally came Paul E. Griffin. Jr., tom 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 affi :-..ed by order of the Board of Directors of said Corporation
and that he signed his name thereto by like order.
LOS ANGELES COUNTY
My comm. expires SEP 6, · 1981
19436 Ventura Boulevard, Tarzono, CA 91356
CERTIFICATE
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 I\TTORNEY remains in full force and ha~ not been revoked; and furthermore that Article IV, Sections 11 and 12 of the By-
laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, arc now in force.
Signed and sealed at Los Angeles, California, this l 3tllay of November
State of
County of
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STATE OF CALIFORNIA }
COUNTY OF_~Q~R-'-A~N~G~E~--------n.
on November 13, 1980 , before me, the undersigned, a Notary Public in and for Ronald E. Birtcher said State, personally appeared __________ _
known to me to be One Of the partners of the partnership
that executed the within instrument and acknowledged to me that ,,.:,.a..,:,,.o,,c.,,:,.,:,,.<:,-O..:::F~F=:--":<:ICiAL SEAL~A>""';fi
such partnership executed the same, A. COLLEEN GIBSON
NOTARY PUBLIC • CA!.1FORNIA
ORANGE COUNTY ,, WITNESS my hand and official seal.
Signature £. ~ ~
A. Colleen Gibson
Name {Typed or Printed)
My comm. expires APR 30, 1982 :( ~~ ........ """"""~;,"Q"l~~~
(This area for official notarial seal)
CALIF.
ORANGE I ss:
On NOV 13 1980 , before me a Notary Public in and for said County and State, residing
therin, duly commissioned and sworn, personally appeared
ALBERT H. BRUNET
known to me to be Attorney-in-Fact of DEVELOPERS INSURANCE COMPANY
the corporation described in and that executed the within and fotegoing instrument, and known to me to be.the peuon who executed the
said instrument in bet.alf of the said corporation, and the duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, , the day and year stated in this certificate above.
My Commission Expires
,,......_
DEVELOPERS INSURANCE.\. 1MPf~
P. 0. BOX 884
LOS ALAMITOS, CALIFORNIA
•. --.. 4m-m ~o.
)REMIUM:
LABOR ,!·,ND MATEIHAL BOND -SUBDIVISION IMPROVEMENTS
(Section 11612 Business and Professions Code)
KNOW ALL MEN BY THESE PRESENTS:
101285-A
PREMIUM INCLUDE
That BIRTCHER PACIFIC --~c---"::""'7'" ______ , Subdivider as
Pri nci pal, and DEVELOPERS INSUll/\NCE COMPANY, a California corpora ti on, as Surety,
are held and firmly bound unto ,my contractor, his subcontractors and to any and·
all persorE,companies and coqlorations furnishing labor or materials, or renting
equipment to the contractor or his subcontractors for performance of the agreement
or agreements hereinafter referred to for the payment of moneys due to any of them
in a total amount not to exceed Sixty-Ei ht Thousand & no 100 Dollars
68,000.00)
The condition of the foregoing obligation is that whereas the··said principal has
entered into an agreement or agreements which are made a part of this bond, with
the:;osta Real Municipal Water Distfor the construction of water systan
in the subdivision designated as Tract 79-14 as required by the
Business and Professions Code, as indicated above.
NOW, THEREFORE, if the above principal fails to make payment to any contractor,
his subcontractors, or to persons renting equipment or furnishing Labor and
Materials to them for the improvement required by said agreement or agreements,
the Surety on this bond will pay the same, in an amount not exceeding the sum
specified in this bond.
This bond is executed and filed to comply with Section 11612 of the Business and
Professions Code of California as improvement security, and shall inure to the
benefit of any and all contractors, their subcontractors and persons renting
equipment or furnishing labor or materials to them for the improvement. Notice
of extension of time for completion is waived by the Surety.
Signed, sealed and dated this 13th day of_ November 19s ..... o __
DEVELOPERS INSURANCE COMPANY
BY: 4 ... ~?IA-~
Albert H. Brunet
Attorney-in-Fact
acknowl edgruent of signature of Attorney-in-Fact.
State of
County of
On
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STATE OF CALIFORNIA
COUNTY Of-__ __:;O_;:__RA:.....::...:N_;:__G_,::E _______ } ss.
o"_--!N-'-"ou.v~em.wbtl,e;_.!_r_li...3u,_i..;l92!,;8!',,l0 ___ -before me, the Ulldersiglled, a Notary Public ill alld for
said State, persollally appeared Ronald E. Jli.r:tcher <=----------------
kllOWll to me to be one of h -----t e partllers of the partnership
that executed the within illstrument and acknowledged to me that
such partllership executed the same.
WITNESS my hand and official seal.
Signature R ~/a-~~,-y-.J
A. Colleen Gibson U
Name {Typed or Printed)
'"""'~..::,,,~~....:::,..,_~,....,,--~
OFFIC1Al. SEAL !
A. COLLEEN GIBSON
NOTARY PUBLIC • CALIFORNIA
ORANGE COUNTY ,.
My comm. expires APR 30, 1982
(This area for offidal notarial seal)
CAUf.
ORANGE f ss:
NO\J l '3 1980 , before me a Notary Public in and for said County and State, residing
therin, duly commissioned and sworn, personally appeared
ALBERT H. BRUNET
known to me to be Attorncy-in•Fact of DEVELOPERS INSURANCE COMPANY
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the
said in~trument in behalf of the said corporation, and the duly acknowledged to me that such corporation executed the same.
seal, the day and year stated in this certificate above.
My Commission Expires