1995-0919_TAYLOR WOODROW HOMES_AgreementOR►,:;NAL
AGREEMENT FOR DESIGN AND CONSTRUCTION
OF REPLACEMENT ZONE 2 BOOSTER STATION
THIS AGREEMENT, dated this 19th day of September, 1995, by and between
Taylor Woodrow Homes California Ltd., hereinafter called "Developer, and Capistrano
Valley Water District, hereinafter called "District."
WITNESSETH:
WHEREAS, Developer is the successor to the Lusk Company for the development
of Tracts 13437, 13865, and 13866 within District, in the City of San Juan Capistrano; and
WHEREAS, executed agreements for the before -mentioned tracts are binding upon
Developer; and
WHEREAS, water facilities in addition to the normal on-site improvements will be
required to serve the proposed development; and
WHEREAS, proposed development will require the relocation of the District's
existing Zone 2 Booster Station and portions of the 12 -inch waterline within said tracts;
and
WHEREAS, Developer proposes to grade area over existing booster station and 12 -
inch pipeline before replacement facilities are constructed; and
WHEREAS, developer will provide an interim booster station and pipeline until the
replacement facilities are constructed; and
WHEREAS, developer will grade and dedicate to District a site for the replacement
Zone 2 Booster Station; and
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Agreement for Design and construction
of Replacement Zone 2 Boaster Station
September 19, 1995
WHEREAS, plans and specifications were prepared for the replacement Zone 2
Booster Station and submitted to the City of San Juan Capistrano for initial review, and
WHEREAS, final review, corrections and modifications to the plans and
specifications are required as a result of the time duration since the project was initially
designed; and
WHEREAS, Developer will pay for the design and construction of the replacement
facilities.
NOW, THEREFORE, in consideration of the foregoing recitations and the promises
hereinafter set forth, it is thereby agreed by and between Developer and District that:
District will complete the design and construct replacement Zone 2 Booster
Station located on Lot 48 Tract 13866.
2. Developer shall promptly pay District all costs for design and construction of
the replacement booster station and District field staff start-up support and inspection of
both the interim and replacement Zone 2 Booster Stations, within thirty (30 ) calendar days
of receipt of monthly invoices to Developer for actual costs described above.
3. Developer shall pay all costs associated with replacement of the existing
booster station "in-kind" and providing water service to the Developer's project. The cost
of items considered as enhancements to the station shall be borne by the District. Based
upon Developer being responsible for 1185 gpm of capacity to replace extsting booster
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Agreement for Design and construction
of Replacement Zone 2 Booster Station
September 19, 1995
station plus 213 gpm to serve proposed development of the total replacement booster
station capacity of 1500 gpm, Developer shall be responsible for 93.2% of the booster
station site work, structure and pumps 1 and 2 and 14.2% of the cost of the standby pump
and generator.. It is alternately estimated that Developer's participation is 66.8% of the
total replacement booster station cost. It is estimated that Developer's contribution is
$553,800, based on current engineer's estimate of $829,000. Developer's actual cost of
participation will be based on received bids for construction. The remaining percentage
of participation shall be borne by the District.
4. Developer shall, at his sole cost and expense, relocate those portions of
District's 12 -inch waterline located within Tracts 13436 and 13437.
5. Developer will submit for District's approval the geotechnical report for the
site to be dedicated to the District.
6. District agrees to accept the 12 -inch waterline replacement when completed
to District's satisfaction by Developer, in accordance with the plans and District standards.
The determination as to conformity with the plans and specifications (inspection) shall be
made by the District. District agrees not to unreasonably withhold its approval as to such
conformity. Developer agrees to assume full responsibility for certifying or obtaining
certification of the compaction of backfill within the pipe trench.
7. Developer will construct and maintain the temporary (interim) booster station
3
Agreement for Design and Construction
of Replacement Zone 2 Booster Station
September 19, 1995
and pipeline, acceptable to District, until permanent replacement facilities are accepted
by District. Standby pump, motor and controls for interim booster station shall be one unit
from existing station and installed by Developer.
8. Developer will provide 24-hour maintenance and repair service for the interim
booster station and pipeline at his sole expense.
9. District will be responsible for payment of utility costs for the interims booster
station to the extent of utility payment being made for the existing booster station.
Developer will be responsible for reimbursement to District of additional energy costs
associated with the interim booster station beyond those of the existing booster station.
The power consumption for the existing station will be based on the average annual power
consumption for the 24 months prior to the execution of this agreement.
10. Upon acceptance of permanent facilities, Developer shall remove interim
booster station and pipeline and restore site to its original condition.
11. Developer shall deliver to District yard standby pump and control equipment
from interim booster station when it is dismantled.
12. Developer shall be invoiced for his share of booster station cost with District,
based upon Section 3 and the awarded bid amount.
13. Developer shall provide a surety bond, or other form of surety acceptable to
District, to guarantee payment of all Developer attributable design and construction costs
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Agreement for Design and Construction
of Replacement Pone 2 Booster Station
September 19, 1995
for the facilities described herein upon award of construction contract.
14. Developer shall indemnify, defend and hold 'District, its officers, agents,
employees and engineers harmless from any expense, liability or claim for death, injury,
loss, damage or expense to person or property which may arise or is claimed to have
arisen during construction of the facilities and operation of the interim booster station.
15. Permanent facilities shall be complete and in operation prior to occupancy
in Tract 13437, or April 3D, 1996, whichever comes first. In the event the booster station
is not operational at the scheduled date, through no fault of the Developer, District agrees
to allow Developer to secure an alternate source of water to provide adequate fire
protection. District agrees not to unreasonably withhold the release of certificates of use
or occupancy.
16. Developer will be responsible for the design, installation and maintenance
of landscaping on the booster station property. Landscaping treatment shall be consistent
with surrounding street and open space landscaping. Landscaping plan shall be approved
by District.
17. District shall have the right to terminate this Agreement upon breach by
Developer, subject to the provisions of this section. if at the request or direction of a party
other than the District, including Developer, the replacement 124nch waterline construction
is not accomplished or completed or interim facilities are not kept in an acceptable state
/\greement for Design and construction
of Replacement Zane 2 Booster Station
September 19, 1995
of repair, Developer shall remain obligated for the actual costs incurred by District for the
items set forth above to the date of termination.
18. This Agreement shall be binding and inure to the benefit of the successors
and assigns of Developer and District.
19. In the event of any declaratory or other legal or equitable action instituted
between Developer and District in connection with this Agreement, the prevailing party
shall be entitled to recover from the losing party all of its costs and expenses including
court costs and reasonable attomeys' fees.
20. All notifications concerning this Agreement shall be directed to:
General Manager
Capistrano Valley Water District
P.O. Box 967
San Juan Capistrano, CA 92698
Taylor Woodrow Homes Califomia, Ltd.
24461 Ridge Route Drive
Laguna Hills, CA 92653-2626
21. A. Comprehensive General Liability
Developer shall maintain in full force and effect comprehensive
general liability coverage, including premises operations, productsicompleted operations,
broad form property damage and blanket contractual liability in the following minimum
amounts:
$500,000 property damage;
. $500,000 injury to one person/any occurrence/not limited to
P
Agreement for Design and Construction
of Replacement Zone 2 Booster Station
September 19, 1995
contractual period
$1,000,000 injury to more than one person/any one occurrence/not
limited to contractual period.
B. Comprehensive Automobile Liability
Developer shall maintain in full force and effect comprehensive
automobile liability coverage, including owned, hired and non -owned vehicles in the
following minimum amounts:
$500,000 property damage;
► $500,000 injury to- one person/any occurrence/not limited to
contractual period
$1,000,000 injury to more than one person/any one occurrence/not
limited to contractual period.
C. Worker's Compensation
If Developer employs employees to perform services under this Agreement,
Developer shall obtain and maintain, during the life of this Agreement, Worker's
Compensation Employer's Liability Insurance in the statutory amount as required by state
law.
These policies shall not terminate, nor shall they be canceled nor the
coverage reduced until after 30 days written notice is given to the District.
Developer shall provide an endorsement to District establishing that District
has been legally added as an additional insured to the insurance policies required under
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Agreement for Design and Construction
of Replacement Zone 2 Booster Station
September 19, 1995
this Agreement.
Developer shall indemnify and hold District harmless from any and all claims,
demands, actions, attorney's fees, costs, and expenses based upon or arising out of
errors, omissions, or negligent acts of Developer, its associates, employees,
subcontractors, or other agents while performing services under this Agreement. In the
event an action is commenced by a party to this Agreement against any other party or
parties hereto to enforce its rights or obligations arising from this Agreement, the prevailing
party in such action, in additional to any other relief and recovery awarded by the court,
shall be entitled to recover all statutory costs plus reasonable attorney's fees.
91
Agreement for Design and Construction
of Replacement Zone 2 Booster Station
September 19, 1995
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day
and year above written.
��MEWS ✓�� I`iu�i%tom,/�
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"DISTRICT"
CAPISTRANO VALLEY WATER DISTRICT
By -
Ch man of the Board of Directors
"DEVELOPER"
ATTEST: TAYLOR WOODROW HOMES
(Notal Attach a CA All Purpose Acknowledaement Foran)
CALIFORNIA, LTD.
24461 Ridge Route Drive
Laguna Hills, CA 92653-1686
(714) 581-2626
(714) 581-2727 FAX
By: — —
Title:
AP OVED AS T FORM:
ichard Denhalter, District Counsel
Date
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P1ENG%RPLC7N2BSENH%RP1 778S.AGR
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STATE OF CALIFORNIA }ss.
COUNTY OF —_ }
�W. "II , before me, �1� 6- lr?*7& P ,, 4-4�- N
personally appeared
, personally known to me
to be the person(sj whose name(e) is/em
subscribed to the within instrument and acknowledged to me that he#Ome Hey executed the same
in hisAerftheir authorized capacityoesj, and that by his,A4@i;AI4eir signatures} on the instrument the
person(sj or the entity upon behalf of which the persorK* acted, executed the instrument.
WITNESS my hand and official
seal.
Signature Vf
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JWLIA IRENE PIA1T
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comm. # 105lus
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Notary Public — California
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ORANGE COUNTY
My Comm. Expires FEB 13. 1999 L
area for official notarial seal)
Title of Document AVV 5 r6g.
Date of Document No. of Pages_ !
Other signatures not acknowledged
3008 (1194) (General)
First American Title insurance Company