HomeMy WebLinkAboutCC&F PALOMAR PROPERTIES INC; 1975-02-18; (6)AGREEMENT FOR CONSTRUCTION OF WATER
-SYSTEM TO SERVE -SUBDIVISION LANDS .
AND FOR "PERFOru,t..ANCE BOND (No.· ·4)·
Cabot, Cabot and Forbes
Palomar .. Airport' Business Park
Carl:shad Tra·ct 73·-"4 9· un:i•t no·.· 1·
.1.vt" THIS AGREEMENT is made this ~day of
1975, betwee·n CARLSBAD MUNICIPAL WATER DISTRICT,
fi~-.
hereinafter
called "District", and CC&F PALOMAR PROPERTIES, INC., a
California corporation, hereinafter called "Subdivider", in
view of the following facts and for the followi!lg purposes:
(a) Subdivider has presented to and obtained
approval from the City of Carlsbad of a subdivision map
coveri!lg property ("Subdivision"), all of which lies within
the boundaries of District, pursuant to the provisions 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
maps.
(b) Subdivider has presented a specific plan for
public water service to the Subdivision prepared by Rick
Engineeri~g Company and included as a part of the entire
plan for water service are the Plans for the Improvement of
Cabot, Cabot and Forbes Palomar Airport Business Park, Unit
No. 1, Tract 73-49. The entire specific plan and detailed
subdivision plans have been approved by the District.
(c) In order that the water system f·or Unit No. 1
of Subdivider's development, which system is being constructed
pursuant to three other agreements between the parties hereto,
shall be operating in a manner to most effectively provide
water service for Unit No. 1, the District shall construct
a pressure reducing Station in accordance with the provisions
of this Agreement and such other applicable documents.
IT IS THEREFORE AGREED:
1. In consideration of Subdivider's payment of
funds as provided herein, the District shall design and con-
struct an offsite pressure regulating Station at the inter-
section of Palomar Airport Road and El Camino Real. This
Station is part of a larger pressure regulating system which
is described in that certain report entitled, "Master Plan
for Public Water System Improvement District No. 2 Westerly
of El Camino Real," dated February 5, 1975, and prepared by
Woodside, Kubota and Associates. Plans and specifications
for the construction of said pressure regulating Station
shall be promptly prepared and approved by the appropriate
governmental agency having jurisdiction. Said work shall be
performed in a good and workmanlike manner and in accordance
with the plans and specifications covering said work and the
general specifications for pipeline construction adopted by
District. It is understood by the parties hereto that
although final plans and specifications for the work described
herein have not been completed as of this date, the estimated
construction costs for said pressure reducing Station will be
approximately SIXTY THOUSAND DOLLARS ($60,000). Subdivider
will pay and discharge all bills and claims arising out of
the performance of said work with respect to the pressure
reducing Station, provided that Subdivider shall not be obliga-
ted to pay for any costs of improvement work performed here-
under in excess of $60,000. Prior to the commencement of
construction, District will present to Subdivider a detailed
statement and/or bid indicating construction costs.
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2. Subdivider is entitled to reimbursement from
District for installing oversized facilities in accordance
with the terms and conditions of that certain agreement
between the parties hereto dated October 21 , 1974.
It is estimated the extent of such reimbursement will be
approximately TWENTY-FIVE THOUSAND DOLLARS ($25,000). The
District agrees that such reimbursement amount shall be
credited against the amount of money which Subdivider is
obligated to pay District for the work performed pursuant to
this Agreement. Subdivider shall post a bond as further
provided in this Agreement.
3. Subdivider agrees that all of the work covered
by this Agreement will be completed within 365 calendar days
from the date of this Agreement.
4. District shall, on a monthly basis, provide
Subdivider with a statement showing in detail the cost of
construction for the preceding month's period and what per-
centage of the total ·work has been completed by the District.
5. Subdivider shall furnish to the District, at
no expense to the District, surety bonds written by a reliable
surety company authorized to do business in the State of
California or other acceptable form of guaranty, in the sum
of $35,000 for that portion of the work which shall be per-
formed in accordance with the terms and conditions of this
Agreement. Said bonds or deposits shall also inure to the
benefit of all persons entitled to the protection of the
Mechanics' Lien Laws of the State of California.
6. The Subdivider shall be entitled to reimburse-
ment for the construction of the pressure reducing Station
which will be constructed pursuant to this Agreement. Said
reimbursement shall be pursuant to Ordinance No. 26, Article
-3-
VI, Section 1 through 18, inclusive, of the District and any
other applicable plans, Ordinances or agreements concerning
such pressure reducing Station.
7. This Agreement shall inure to the benefit of,
and the obligations created hereby shall be binding upon,
the successors and assigns of the parties hereto.
8. The invalidity or illegality of any provision
of this Agreement shall not be deemed to affect the validity
or legality of any other provision of this Agreement.
9. This Agreement and any amendments hereto
shall be governed by and construed and enforced in accordance
with the laws of the State of California.
10. This Agreement sets forth the entire agreement
and understanding of the parties with respect to the trans-
actions contemplated hereby, and supersedes all prior agreements,
arrangements and understandings relating to the subject matter
hereof.
11. This Agreement may be amended, modified, super-
seded or cancelled, and any of the terms, covenants, or conditions
hereof may be waived, only by a written instrument executed by
the parties hereto, or in the case of a waiver, by the party
waiving compliance.
12. If any action at law or in equity is necessary
to enforce or interpret the terms of this Agreement, the pre-
vailing party shall be entitled to reasonable attorneys' fees,
costs, and necessary disbursements in addition to any other
relief to which he may be entitled.
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IN WITNESS WHEREOF, this Agreement has been executed
by Subdivider' and on behalf of the District by the President
of its Board of Directors on the day and year first above
written.
CARLSBAD :MUNICIPAL WATER DISTRICT
s1.dent
Directors
"District"
CC&F PALOMAR PROPERTIES, INC.
"Subdivider"
-5-
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
on· •• February 24 ••
ss.
, 1975, before me the unders~gned,
a Notary Public in and for said County and State, personally
appeared • Gary J~ ·Hewson •••• : • • , known to me to be the
·senior Vite President , and •• Robert· Ebbert •• , known to me
to be ·the· ·Assistant Secretary ' . ' ..... ' ' o~ CC&F Palomar Properties,
Inc., the corporation that exec"uted the within Instrument, and
known ·to me to be the persons who executed the within Instrument
on behalf of said corporation, and acknowledged to me that said
corporation executed the within Instrument.
WITNESS my hand and official seal.
o·F-FICIAl. s£A1..
CLAUDIA O. LITTLE
NOTARY PUilLIC • CALIFORtaA
PRINCIPAL OFFICE IN
i L,OS ANG~S C:OUN, 1978
--v MyCommis~n ExpiresOct. l '
Notary Public
Claudia D. Little
(j)
THE .ETNA CASUAL TV AND SURETY COMPANY
Hartford, Connecticut 06115
LIFE & CASUALTY
BOND FOR LABOR .lli'ID M.A:1:ERI.A.LS
BOND NO. 006 SB 033 554 BCA
KNOW ALL MEN BY ~EESE PRESENTS:
THAT WE l C C & F PALOMAR PROPERTIES, INC•
aa principal 9 and 9::HE J.\,ETN!
CASUALTY AND SURETY COMPANY as surety are held and firmly bound unto all
persons as hereinafter provided in the sum of THIRTY FIVE THOUSAND AND
N0/100---------------------DOLLAF.S ($35,000.00), lawful moxrny of the
United States, for which payment well and truly to be made, lie bind ou.r-
selves, jointly a.1'ld severally, firmly by these presents.
The condition of the foregoing obligation is such that, whereas eaid
principal is about to enter into a contract with the ...,,_. CARLSBAD MUNICIPAL WATER
DISTRICT, :pursuant to the authority of an act of the Legislature of the State of
California known as the "Subdivision Map Act". Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California, for the eonstru.otion of AGR.mIENT FOR CONSTRUCTION OF WATER SYSTEM TO
SERVE SUBDIVISION LANDS (4) i' I L IT C and whereas~.
pursuant to Section 11612 of said Code, the principal must give this bond
for labor and materials as a condition to the execution of said contract by
the City.
, IL·247•D l \0-68
NOW, therefore, if said principal fails to pay the contractor or his
subcontractors, or fails to pay persons renting equipment or furnishing
labor or materials to the contractor or subcontractors for the performance
of said contract, incluiling a:ny materials, provisions or other supplies or
teams, equipment, implements, trucks, machinery or power used in, upon or
for or about the performance of the work contracted to be done, or for any
work or labor done thereon of any kind, said surety will pa.y the saI!le in an
amount not exceeding the sum set forth above, and also in case suit is
brought upon this bond, a reasonable attorney's fee to be fixed by the cou:i::·t~
This bond shall insure to the benefit of any and all persons, companies and
corporations entitled to file claims a,gainst said tract of land unde:r and by
virtue of the laws of the State of California.
WITNESS our hands this 18TH day of FEBRUARY , 1975 •
By: ________________ _
:S-121
CAT.174505
PRINTED IN U .S.A.
STATE OF CALIFORNIA
County of _____ l_os_A_n_g_e_le_s ____ _
+••••a•••-~~••••••o••o+♦♦+9o•• ♦ OFFICIAL SEAL :
: HAEA S. SANFT :
: NOTARY PUBLIC -CALIFORNIA ~·
: PRINCIPAL OFFICE IN :
♦ LOS ANGELES COUNTY ♦ • ♦ ! My Commission Expires Nov. 2, 1976 ! ••••••••••••••o•••••••••••••••
(S-1292-D) 5-71
} ss.
On this 18th day of February in the year
one thousand nine hundred and _ _,,S""e"'-v.,__,,en=t;v:..._-~F=i'-'v,'-'e"'---------------
before me, KAEA S. SANFT , a Notary Public
in and for the County of ___ L_o_s__;;A..;;.n;...g""'-'-e_te"-s.;;._ ________ , State of California,
residing therein, duly commissioned and sworn, personally appeared _______ _
:D. J. JONES
known to me to be the £ffORNEY-U,l!I.AE.lf of
THE A:TNA CASUALTY A ND SURETY COMPANY, the corporation that executed the within
instrument, and also known tome to be the person __ who executed it on behalf of said
corporation therein named, and __ he __ acknowledged to me that such corporation ex-
ecuted the same.
IN WITNESS WHEREOF, I h unto set my ha •
office in the· _____ __, ....... ______ _
Notary Public in and for the Co
State of California.
seal at my
PR INTED IN U.S.A.
------------~------
-LIFE &CASUALTY
THE .ETNA CASUALTY AND SURETY COMP"NY
H, 'rd, Connecticut 06115
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, THAT THE .ETNA CASUALTY AND SURETY COMPANY, a corporation duly organized under the laws of tt1e
State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made, constituted and appointed, and
does by these presents make, constitute and appoint D • J • Jones --
of Los Angeles, California , its true and lawful Attorneys-in-Fact, with full power and authority hereby conferred to si"1,
execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
. the following instrument(s):
by his sole signature and act, any and all bonds, recognizances, contracts of indemnity. and other writings obligatory in the nature of a bond, recognizance, or con-
ditional undertaking, and any and all consents incident thereto not exceeding the sum of FIVE HUNDRED THOUSAND
($500,000.00) DOLLARS -
and to bind THE .ETNA CASUAL TY AND SURETY COMPANY, thereby as fully and to the same extant as if the same ware signed by the duly authorized officers
of THE ,ETNA CASUAL TY AND SURETY COMPANY, and all the acts of said Attorneys-in-Fact, pursuant to the authority herein given, are hereby ratified and con-
firmed.
This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and affect:
VOTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President,
Any Assistant Vice President. Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries,
Attorneys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may
prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and
revoke the power and authority given him.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid
and binding upon the Company when (a) signed by the Chairman, the Vice Chairman, the President, an Executive Vice President, a Senior Vice President, a Vice
President, an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident Vice
President, and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power
prescribed in the certificate of authority of such Resident Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact pur-
suant to the power prescribed in his or their certificate or certificates of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the
Board of Directors of THE ,ETNA CASUAL TY AND SURETY COMPANY which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice Presid111t, Any Senior Vice President, Any
Vice President. Any Assistant Vice President, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of
attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in.fact for purposes only of
executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such fac-
simile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and fac-
simile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, THE ,ETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its
Secretary . and its corporate seal to be hereto affixed this 16th day of December • 19 74
THE ~TNA CASUALTY AND SURETY
State of Connecticut
} ss. Hartford
County of Hartford
On this 16th day of December
By
. 19 74 . before me personally came C. Q. SWARTS
to me known, who, being by me duly sworn, did depose and say: that he is Secretary of
TH: ..ETNA CASUAL TY ANO SURETY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said cor-
poration; that the seal affixed to the said instrument is such corporate seal; and that he executed the said instrument on behalf of the corporation by authority of his
office under the Standing Resolutions thereof.
CERTIFICATE
I, the undersigned, Assistant Secretary of THE ,ETNA CASUALTY AND SURETY COMPANY, a stock corporation of the State of
Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked;
and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the C•tificate of Authority, are now in force.
SilJ'led and Sealed at the Home Office of the Company. in the City of Hartford, State of Connecticut. Dated this
February • 19 75 18th day of
~\ .. Q
Assistant Secretary
. (S-1921-0) (Ml 12-72 PRINTED IN U.S.A .