HomeMy WebLinkAboutCC&F PALOMAR PROPERTIES INC; 1974-10-11;' . • . -
3. Subdivider agrees to pay to District .on demand
the full amount of all District's costs incurred in connection
with the work, including plan checking;. inspection, materials
furnished, and all other expenses of District directly attrib-
utable to the work. Subdivider shall deposit with District ·
concurrently with the execution of this Agreement .the sum of
$8,500.00., be'ing 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 s·uch excess to
Di.strict 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 o.edicated streets where ·
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 the proposed.subdivision.
No permanent water service to any parcel of land within the
subdivision shall be allowed until after accep.tance by the
-District.
s.· Subdivider shall be authorized to obtain from
the District temporary water services for parcels of land
wi thin the subdivision prior to the completion of all of the
improvement work conte mplated by the Plans subject to the
following conditions:
a. Subdivider has entered into an agreement
or agreements with the District to con-
struct all of the improveme nts requ:i,.red
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. . .
for the entire water system to secure
water service to Cabot, Cabot and Forbes
Palomar Airport Business Park.
b. That no individual meters will be. in-
stalled for any•particular parcel of land,
with the District serving water only
through the temporary meter of the .Sub-
divider.
c. That the District makes no·warranty or
guaranty as to the quantity of water or
water pressure for any improvements .of
the Subdivider, or its successors in
interest.
d. That .the District makes no warranty or
guaranty as to the necessary amount of
water for fire flow or fire protection
for any improvements of the Subdivider,
or its successors in interest.
6. The acceptance of the work on behalf of the
District, which Subdivider will. install pursuant to this
Agreement, shall 'be made by the Board of Directors of the
·District upon recoffiL-rtendations of the District I s Manager and
'District's Engineer. ·such acc~ptance 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 workrnan~hip and/or materials within said one~year
period without expense to the Di'strict.: • In the event of
failure to comply with the provisions of the guaranty i,i thin
a reasonable time after notice in writing, District is
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authorized to have the de-fects 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.
7. Subdivider shall, upon acceptance· of the '.·1ork
by _District , provide District with a statement showing the
actual cost of construction of the work contemplated he~ein
and formally dedicate all facilities to the District.
8. Subdivider shall furnish to the Distr ict, a t
no expense to the :Oistrict, surety bond$ written by a rel iable
surety company authorized to do business i~ the State of
California or other acceptable form of gu~ranty, in t h e sum
of $200,000.00 for the work which shall be performed in
accordance with the terms and conditions of this Ag r eement.
Said bonds or deposits shall insure the faithfu l perforrnance of
this contract by Subdivider. Said bonds or depo s i t s shal l als o
inure to the benefit of all person~ entitled t o the protection
of the .Mechanic's Lien Laws of the State ·of Californ ia. •
9 . The Subdivider shall be entitled to reimburse-
ment for the oversizing of all of the facilities f rom St a tion
269+40 to Station 284+64.87 which will. be const r ucted pursuant
to this Agreement. Such oversizing shall be f rom a 10-inc h
water line to a 16-inch water line. Said reimbursement s h all
be pursuant to ·Ordinance No. 26, Article VI, Sect i ons 1 thr ough
18, inclusive, of the District.
10. _This Agreement shall inure to t he b e n e f i t o f, and
the obligations created hereby shall be b~n~ing upon , t he suc-
9essors and assigns of the parties hereto.
11 . The invalidity or illegality of a ny pro vision
of this Agreement shall ·not be deemed ,to affect the val idi ty
or legality of a:r:iy other provision of this Agreeme nt.
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••
THE A:TNA CASUALTY
AND SURETY COMPANY
Hartford, Connecticut 06115
Bond No. 54 S 10668 BCA
PERFORMANCE BOND
AND
LABOR AND MATERIAL
PAYMENT BOND
Issued for C C & F PALOIVJAR PROPERTJES, INC.
OF CARLSBAD, CALIFORNIA
Nature of Work ON SITE v:Af'ER sYSTEM AS
REFlliCTED ON -UNIT 1 Il-iPROVENENTS PLANS
Date of Contract ___________ _
Date of Bond OCTOBER 18, 1974