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HomeMy WebLinkAboutCC&F PALOMAR PROPERTIES INC; 1975-02-18; (4)AGREEMENT FOR CONSTRUCTION OF WATER .. SYSTEM -TO SERVE -SUBDIVISION LANDS • AND FOR PERFORMANCE BONO-(2'). Cabot, Cabot and Forbes Palomar -Airport Business Park • • Carlsbad Tr·a·ct 73-'49 Unit No·.· T THIS AGREEMENT is made 'this 18ih day of· F'eb'ru·a·ry 1975, between CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter called "District", and CC&F PALOMAR PROPERTIES, INC., a California corporation, hereinafter called "Subdivider", in view of the followi~g facts and for the following purposes: (a) Subdivider has presented to and obtained approval from the City of Carlsbad of a subdivision map covering 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 Engineering Company and included as a part of the entire plan for water service are the Plans for the Improvement of Caho~, Cabot and Forbes Palomar Airport Business Park, Unit No . 1, Tract 73-49 consisting of 17 sheets ("Plans") which are incorporated herein by reference. The entire specific plan and detailed subdivision plans have been approved by the District. (c) The entire scope of work as set forth in the specific plan which will be constructed pursuant to the terms and conditions of this Agreement is described as the onsite ·water system as shown on pages 12 thro~gh 14, inclusi ve, 2/18/75 materials furnished, and all other expenses of District directly attributable to the work. Subdivider shall deposit with District concurrently with the execution of this Agreement the sum of $1,600.00, being the estimated amount of District's expenses. Should the expenses incurred by 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 time as all public improvements proposed to be constructed in the dedicated streets in which the work covered by this Agreement is installed shall have been completed and accepted by District and all other public authorities having jurisdiction, Subdivider shall be re- sponsible for the care, maintenance of and any damage to the water mains or water system within said dedicated streets. No permanent water service to any parcel of land within the Subdivision shall be allowed until after acceptance by the District of such improvements. 5. Subdivider shall be authorized to obtain from the District temporary water services for parcels of land within the Subdivision prior to the completion of all of the improvement work contemplated by the Plans subject to the following conditions: (a) Subdivider has entered into an agreement 0r agreements with the District to construct all of the improvements required for the entire water system to secure water service to ,the Subdivision. (b) That no individual meters will be installed for any particular parcel of land, with the District -3- 2/18/75 actual cost of construction of the work contemplated herein and formally dedicate all facilities to the District. 8. 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 $40,000.00 for the work which shall be performed in accordance with the terms and conditions of this Agreement. Said bonds or deposits shall insure the faithful performance of this contract by Subdivider. Said bonds or deposits shall also inure to the benfit of all persons entitled to the protection of the Mechanic's Lien Laws of the State of California. 9. The Subdivider shall be entitled to reimburse- ment for the oversizing of all of the facilities from Station 165+15.00 to Station 171+90.00 which will be constructed pursuant to this Agreement. Such oversizing shall be from a 10-inch water line to a 16-inch water line. In addition, Subdivider shall be entitled to reimbursement for the over- sizing of all facilities from Station 171+90.00 to Station 184+80.00. Such oversize shall be from a 12-inch water line to a 16-inch water line. Said reimbursements shall be pur- suant to Ordinance No. 26, Article VI, Section 1 through 18, inclusive, of the District. 10. 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. 11. 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. 12. This Agreement and any amendments hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. -5-2/lP/75 THE A:TNA CASUAL TV AND SURETY COMPANY Hartford, Connecticut 06115 LIFE & CASUALTY BOND NO. 006 SB 033532 BCA BOND FOR FAITHFUL PERFOBlUNCE (Subdivision Contract) KNOW ALL MEN BY THESE PRESENTS~ ' C C & F PALOMAR PROP~IES, That we, INC. , as Principal, and THE .AETNA CASUALTY AND SURETY COMP.ANY, as Surety, are held and firmly bound unto the CARLSBAD MUNICIPAL WATER DISTRICT , State of California, in the sum of FORTY THOUS.AND AND N0/100---------- .. . -', .,:·· _; c,:( , -•. :-.·,:,,:: ., _. . . .• ' ---------------------Dollars(~~ ~,000.00), lawful money for the United States, for • (L-2 47-D ) 1 0-68 the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that whereas said Principal has entered into or is about to enter into the annexed contract r ': • ~ 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 7 j,ommenoing with Section 6500'~ of the Government Code) .·, ,--,. and any amendments thereto, for AGREEMENT FOR CONSTRUCTION OF WATER SYSTEM TO SERVE so:BDMSION LANDS (2) and is required by said WATER DISTRICto give this bond in connection with the execution of said contract; ?WW, TBEBEFOBE, if the said Principal shall well and truly do and perform all of the covenants and obligations of said contract on his part to be done and performed at the times mid in the m~.-rmer !'!p9c ifi.l"d. ther ein., ib:hen this obligation shall be null and void, otherwise it shall be and ra.me,in i!l full force and effect. Witness our hands this 18TH C C BY: B-29 '1975. CAT. 1 74505 PRINTED IN U .S.A.