HomeMy WebLinkAbout5020; Sharon B Ferges; 2024-0090868; OtherC. CMWD desires to construct a pressure reducing station and related appurtenances
and replace CMWD's water service line ("Project") which will include, but not limited to, the
installation of a pressure regulator on the Owner's side of the water meter ("Pressure Regulator"),
in order to regulate the water pressure in the Owner's private domestic water service.
D. CMWD intends to award a construction contract to a licensed contractor
("Contractor") to construct the Project and to install the Pressure Regulator on the Owner's side
of the water meter ("Work").
E. Upon completion of the Work, CMWD desires to transfer ownership and all
maintenance responsibility of the Pressure Regulator to the Owner, and Owner desires to accept
ownership and the responsibility to maintain the Pressure Regulator pursuant to the te1ms and
conditions set forth below.
F. As a result of the Project, the Owner is required by the California Plumbing Code
to install an expansion tank, which CMWD agrees to pay for, though not install.
NOW, THEREFORE,· in consideration of the terms, conditions and mutual covenants
contained herein, the sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Right to Construct. Owner authorizes CMWD, its officers, agents, employees, and
independent contractors to enter upon the Property for the purpose of performing the Work and to
connect the Pressure Regulator and related piping to Owner's private domestic water service.
2. CMWD to Hire Contractor. CMWD will hire a contractor to perform the Work
("Contractor") and will obtain any required permits from the City of Carlsbad.
3. Notification of Commencement. CMWD will notify the Owner at least seven (7)
calendar days before starting construction of the Work.
4. Inspection of Work. Owner will provide reasonable access to CMWD and the
Contractor to inspect the Work and for CMWD to perform a final inspection of the Work.
5. Contractor's Obligations. Contractor will protect, shore, brace, support, and
maintain all private underground pipes, conduits, drains, and other underground construction
uncovered or otherwise affected by the Work. Owner shall identify, and provide to CMWD or its
Contractor, the locations of private improvements prior to construction. Contractor shall be
required to maintain pedestrian and vehicular access to the Property after working hours and as
much as practical during working hours (i.e., 8:00 a.m. to 4:00 p.m.). To the extent possible, the
Work shall not unreasonably interfere with the Owner's use of Property. CMWD will notify Owner
at least 48 hours in advance of any changes to the working hours. Contractor will be required to
clean the Work site at the end of each workday, and to remove all construction materials,
equipment, and debris upon completion of the Work.
6. As-Needed Repairs by Owner Prior to Installation. CMWD and Contractor will
expose and inspect the private domestic water service at the commencement of the Work. If
Owner's private domestic water service is unsuitable for the connection of new piping, CMWD
will notify Owner of the condition observed. If the water service is unsuitable, as determined
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any losses or damages, however caused, relating to the Work or for the installation of the expansion
tank. Carlsbad Municipal Water District will indemnify and hold harmless the Owner from any
mechanic's liens associated with the Work.
14. Section Headings. All captions and section headings are for convenience only and
shall not affect the interpretation of this Agreement.
15. Counterparts. This Agreement may be executed in several counterparts. All
counterparts collectively constitute one Agreement that is binding on all the parties to this
Agreement even though each of the signatory parties may have executed separate counterparts.
16. SeverabiJity. The invalidity of any portion of this Agreement shall not affect the
validity of the remaining portions, which remaining portions shall remain in full force and effect.
17. No Waiver. No waiver of any default under this Agreement shall constitute a
waiver of any other default or breach, whether of the same or other covenant or condition. No
waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppel, or otherwise.
18. Covenant Running with the Land. The Agreement is a covenant running with the
Property and shall be binding upon the Owner and any successor(s) in interest and permitted
assigns. The interests of any successor(s) or permitted assigns shall be subject to each and every
condition set out in this Agreement and all referenced documents. Owner agrees to provide a copy
of this Agreement to any prospective purchasers of the Property.
19. Exhibits. All documents referenced as exhibits in this Contract, or referenced in an
exhibit to this Contract, are incorporated herein.
20. Notarization and Recording. This Agreement shall be executed in recordable
form by Owner before a notary public. After this document has been fully executed by the Parties,
it shall be recorded by CMWD as an agreemen,t affecting real property, in the Office of the
Recorder of the County of San Diego, State of California.
21. Governing Law. This Agreement will be governed by the laws of the State of
California. Any action at law or in equity brought by either of the Parties for the purpose of
enforcing a right or rights and obligations provided for by this Agreement will be tried in a court
of competent jurisdiction in the County of San Diego, State of California, and the Parties waive
all provisions of law providing for a change of venue in these proceedings to any other county.
22. Notices. Any notice to be given hereunder will be delivered in person or deposited
in the United States Postal Service, duly registered or certified, with postage prepaid, and
addressed as follows :
Notices to Owner(s):
Sharon B. Ferges
7355 El Fuerte Street
Carlsbad, California 92009
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