Loading...
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. -2- 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. -4- 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 .