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Home My WebLink AboutBIRTCHER PACIFIC; 1982-11-12;AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE SUBDIVISION LANDS AND FOR PERFORMANCE BOND PARCEL MAP NOS. 580 and 581 CARLSBAD TRACT NO. 80-38 RESUBDIVISION OF LOTS 1-8, 11 PALOMAR OAKS 11 THIS AGREEMENT is made this 12th day of November. 1982 I I I I between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter ca11ed 11 District 11 , and BIRTCHER PACIFIC CONSTRUCTION COMPANY 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 approval a subdivision map coviring property within the boundaries of the 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 Associates, 7875 Convoy Court, Suite A-2, San Diego, Calif. and are identified as 11 Site Development Plan of Palomar Oaks -A Birtcher Business Center 11 consisting of 4 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 Resubdivision of Lots 1-8, "Palomar Oaks", Carlsbad Tract 80-38, Parcel Map Nos. 580-581 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 -1- 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 strtct 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 $2,400.00 , being the estimated amount of District's expenses. Should the expenses incurred by the District be in excess of said deposit, Subdiv.ider 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 time as all public improvements prop~sed 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 oeen 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- -2- 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 ~he 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 ex~ense 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). 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 1 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 Distric~. In the event of failure to comply with th~ provisions of the guarante~ 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 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 $53,000.00 , 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. 10. 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'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. : (SEAL) (SEAL) COSTA REAL MUNICIPAL WATER DISTRICT BY:~-~~~ Don al d A. a.cl eocf, President Board of Directors 11 District 11 SUBDIVIDER: BIRTCHER PACIFIC Construction Company BY:Vice President Planning & Construction -4- STATE OF CALIFORNIA~ } $$. COUNTY OF----"---......J'---•------ On ~ /.?, ff/~ , before me, the undersigned, a Notary Public in and for said Stale, personally appeared -dofd_L_~~~~~~~,-,...-------------- known lo me to be the person ___ whose n•m•------- subscribed to the within instrument and acknowledged to me lha _______ µ.. _________ exec.uted the Hme. 1PC:...,:~...c,...,,,..:,,,c,..:h,o-, O~-.:::::""c;" ~J~St;'AL I ~· i.< !. ·-o,·\. . ., .:, . t-!OTA~~Wit_;t _T~~;Jl~NIA I~ Ofli\.NG'::. COUNTY My comm. expires DEC 9, 1983 '/ J;,:.;;,c;:"""'""'-=;;-,~ ....... "'"'y"""'-"'""""---""" ,.... . .. ·,.-;;,._--~,,.A (This area for offlcial notarial seal) • I 1 . ' r _,.,. .. ·A, l'IIU1MAN'5 FUND INSURANCE C0MP'ANY :) , SLR7.121952 Bond No. ________ _ THE AMERICAN INSURANCE: COMP'ANY NATIONAL SUFtETY CORPORATION Premium: $ 530 • 00 FIREMANSFUND INIUIUINl:E CIIMPANIE5 ASSOCIATED INDE'.MNlTY CORPORATtOr.l AME:RICAN AUTOMOBJLE'. INSURANCE COMPANY -------- SUBDIVISION IMPROVEMENT BOND FAITHFUL PERFORMANCE (CALIFORNIA) Whereas, COSTA REAL MUNICIPAL WATER DISTRICT State of California, and BIRTCHER PACIFIC Construction Company (hereinafter desiqnated as "principal") have entered ~1-nt-o_a_n-ag_r_e_e_m_e_n~t-w-h_e_r_e~by_p_r...,..incipal agrees to install and complete certain desiqnated public improvements, which said agreement, dated November 12 19 82 , and identified as oroject "Site Development Plan of Palomar Oaks -A Birtcher Business Center" Resubdivision of Lots 1-8, "Palomar Oaks", Carlsbad Tract 80-38, Parcel MaP. Nos. 580-581. is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the orincioal and The American Insurance Company as surety, are held and firmly bound unto the COSTA REAL MUNICIPAL WATER DISTRICT hereinafter called 110bliqee11 , in the penal sum of FIFTY-THREE THOUSAND AND NO 100---------------------------------------- doll ars 53, a oo. oo awfu money of the Un te States, or t e payment of which sum welf and truly to be made, we bind ourselves, our heirs, successors. executors and administrators, jointly and severally, firmly by there oresents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assiqns, shall in all thinqs stand to and abide by, and well and trul.Y keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaninq, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obliqation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees. includinq reasonable attorney 1s fees, incurred by the Obliqee in successfully enforcinq such obligation, all to be taxed as costs and included in a~v judqement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such chanqe, extension of time, alteration or addition to the terms of the aqreement of to the work or to the specifications. • In witness whereof, this instrument has been duly executed by the principal and surety above named. on November 12 , 19 82 , BIRTCHER PACIFIC Construction Company THE AMERICAN INSURANCE COMPANY .Principal Vice Presi·dent Title Surety B~~ ,_J_~ ttorney-In-Fact Keith E. Sandrock 4700 Teller Ave., Newport Beach, ~a. 92€ Address 36070:t-l0-76 STATE OF CALIFORNIA, i ORANGE ss. COUNTY OF ______________ _ ON November 12 , 1~ before rae, the undflrsi111ed.,_, a Notary Nllic in aoo for said State, pe,sonally appeared Keith~-Sandrock _________________ knownm~mbe~ Attorney-in-Fact dtM The American Insurance Company the Corporation that executed the within lnstnment, known m. me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, aoo acknowledged m me that such Corp0ration executed tM same. WITNESS my hand and official seal. IIDtlry l'lbNc in ■Id for said s1111. I I ~ FIREMAJn FUND INIUIWIIZl:IIMPANIES FIREMAN'S FUND INSURANCE COMPA"'IY THE AMEF>ICAN INSUF>ANCE COMPANY MATIONAL SURETY CORPORATION A550CIATE'D INOE,,.NITY COF>POl>ATION AMERICAN AU1"0M081LE INSURANCE COMPANY SUBDIVISION IMPROVEMENT BOND LABOR AND MATERIAL (CALIFORNIA} Whereas, COSTA REAL MUNICIPAL WATER DISTRICT ·Bond No. SLR7121952 The Premium charoed for this Bond is included.in that sho on +hp P~r~orlY'~~rP 0 ~nd State of California, and BIRTCHER PACIFIC Construction Company (hereinafter designated as 11 Principa1 11 ) have -=----------.,.... ......... -....--...--entered into an agreement whereby pr1ncipal agrees to install and complete certain designated public improvements, which said agreement, datedxxxxxxxxxxxxxxxxxxxxxx November 12 , 19 82 , and identified as project-- "Si te Development Plan of Palomar Oaks -A Birtcher Business Center" Resubdivision of Lots 1-8, "Palomar Oaks", Carlsbad Tract 80-38, Parcel Map Nos. 580-581. is hereby referred to and made a part hereof; and Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the COSTA REAL MUNICIPAL WATER DISTRICT to secure the claims to which reference is made in Title 15 (commencing with Section 3082) as Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and the undersiqned as corporate surety, are held firmly bound unto COSTA REAL MUNICIPAL WATER DISTRICT (hereinafter designated as 110bligee11 } and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of FIFTY-THREE THOUSAND AND NO/100-------------------------dol 1 ars ($ 53,000.00 } , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceedinq the amount hereinabove set forth, and also in case suit is brouqht upon this bond: will oay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Obligee in successfully enforcing such obliqation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanyinq the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on November 12 , 19 82 Y±ce President Title ---- 4700 Teller Ave., Newport Beach, Ca.9~ Address STATE OF CALIFORNIA, ~ COUNTY OF ORANGE • ss. --------------ON _______ November 12 82 ACICNOWLEDBME.lfT---Cerponti--Wolcotb F-IZZ-IIIY, M4 -------------,------------, known to me to be the Attorney-in-Fact of the The American Insurance Company the Corporation that executed the within !'l:/:n.:r,1,..nf, known to me to be the person who executed the within htstrumi-m~. :;,; :~c::•,,:J o: !r~ t':"/ :'/·iJ. t~;;rnin named, and acknowledged to me that~'--~-~~: ~:. · ·:_':~"?~J!;: o¾t.ci;tf;~ ~~--\ -~:~;.-;'J~ ----------~---.. ----. ··---------·~ Notary P-.lic in and for said Slllte. GENERAJ,. PO\YEROF·- ATIORNEY TH.CMERICAN INSURANCE COMP A::) ltN\,lW .iL~MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State or 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 - KEITH E. SANDROCK and WILLIAM J. STEVENS jointly or severally its true and lawful Attorney(5)-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 seal 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 VIII. Section JO and Jl of By-laws of THE AMERICAN INSURANCE COMPANY 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 A11,ents to accept le11,al 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 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 sianed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966. and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-President. Assistant Secretary, and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorne~. or on any cenificate relating thereto. hy facsimile. and any power of attorney. any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon th~ Corporation ... IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by it~ Vice-President. and its corporate seal to be hereunto affixed this 15th day of Ma re h J 9 __1!L . ~~~NSU~~~: ____ _ 8Y----------~v-,.-•. -~-.. ~id~,n-,----------- ST ATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO 15th March 82 On this _____ dayof ----,,----------, 19 ___ , beforcmepcrsonallycamc -"""R-'-'-ic~h-"a'""'r""d'--W--'-i-'-1..;.l_;i--'a=m_s;:;._ __ _ to me known, who, being by me duly sworn, did depose and say: that he is Vice-Presiden1 of THE AMERICAN INSURANCE C0\1PANY, the Cor- poration described in and which executed the above instrument; that he knows the seal or said Corporation; Lhat the seal affixed to the said inmument is such corporate seal; that ii was so affixed by order of the Board or Directors of said Corporation and that he signed hi~ name-there lo hy like order. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, the day and year herein first above written. ■H■■IIIIIIHHIIIIIIIMll-■■IIIIIIHIIIIIIIIIIIIIIIII ■ i . OFFICIAL SEAL I i e· SUSIE K. GILBERT 1· , .. · _, NOTARY PUBLIC · CALIORNll •• CITY I COUNTY OF SAN fUHCISCO I My Commission Expires Nov. 17, 1984 ................. , .. 1-l■IUIII 111 __ _ CERTIFICATE STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO I, the undersigned, Resident Assistant Secretary or THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation. DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII, Sec- tions 30 and 31 of the By-laws of the Corporation, and the Resolution or the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City and County of San Francisco. Dated the ______ day of 19 ~ .. {..,~-· 380711-TA-5-81