1989-242605
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RECORDING REQUESTED BY
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AND WHEN RECORDED MAil TO
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San Dieguito Water District
59 E. "D" Street
Encinitas, Ca 92024
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is San Dieguito Water District
3. The full address of the owner is 59 East "D" Street
F.n~initas. Ca 92024
4. The nature of the interest or estate of the owner is; In fee.
In Fee
(If other than fee, strike "In fee" and insert. for example, "purchaser under contract of purchase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold ti tie with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on April 25, 1989
Tnstallation of water main and appurtenances
7. The name of the contractor, if any, for such work of improvement was
G & S. Development
(If no contractor for work of improvement as a whole, insert "none".)
8. The property on which said work of improvement was completed is in the city of
. The work done was:
Sept. 14, 1988
(Date of Contract)
Encinitas
County of S"'u nipgn
(Agreement #A-0001)
, State of California, and is described as follows: Encinitas Tract 87-143
Melba & Gardena APN 258-251-17
9. The street address of said property is
Melba & Gardena
(If no street address has been officially assigned, insert "none".)
Dated: Apri 1 ') '). 1989
Verification for Individual Owner
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Signature of owner or corpo~ officer of owner
named in paragraph 2 or his agent
Warren H. Shafer, Secretary
VERIFICATION
I, the undersigned, say: I am the Manager of San Dieguito Water District the declarant of the foregoing
("President of", "Manager of", "A partner of", "Owner of", etc.)
notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregOing is true and correct.
Executed on
April 25,
(Date of signature.)
89 Encinitas
, 19_, at , California.
(City where signed.)
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(Personal signature of the individual who is swearing that the contents of
the notice of completion are true.)
Warren H. Shafer, Secretary
OTICE OF COMPLETION-WOLCCTTS FORM 1 I 14 -~REv. 6.74
8 pt. type or larger
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AGREEMENT TO IMPROVE DEVELOPMENT-WATER FACILITIES
AGREEMENT # A-OOOl
THIS AGREEMENT is made and entered into this 14th day of SeDtember
19~, by and between San Dieguito Water District, hereinafter
called District, and G & S Develo~ment
1331 Encinitas Blvd., suite #8
Encinitas, CA 92024
( Owner's Name and Address)
hereinafter called Owner.
A. In the near future, Owner desires to install a water main
or mains and appurtenances to service his property.
B. District will own and operate such facilities, if
constructed in the manner set forth herein.
C. The parties desire, by this Agreement, to provide for the
construction and completion of such facilities.
NOW THEREFORE, it is agreed:
1. Owner hereby agrees, at his own cost and expense, to
furnish all labor, equipment, and material to perform and
complete, and within ~ days from the date of this Agreement
by District, to perform and complete in a good workmanlike
manner, according to the plans attached hereto and made a part
of this Agreement, and in accordance with other special
conditions noted in District Exhibit B on file at the office of
District and any other plans or specifications referred to in
this Agreement, the following sUbdivision improvements; Water
Facilities as shown on the attached plans and in accordance
with District's Standard Specifications and any other plans or
specifications referred to by this Agreement or referred to in
the attachments. (Exhibit "A"; Exhibit "B"; Improvement
Security; Set aside Letter; and Certificate of Insurance;
etc. ) .
2. Owner agrees that the work shall be done by a Class "A"
or "C-34" licensed contractor, and that the work shall be
subj ect to inspection by and to the satisfaction of District
and the improvement shall not be deemed complete until approved
and accepted in writing by the District. The estimated cost of
said water facilities is the sum of Fifty Thousand. eiaht
hundred seventy-six dollars and no/lOO ($ 50.876 ) .
Owner's obligation under this Agreement extends to the
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completion of the improvements, as hereinabove set forth, and
is not I imi ted by the amount of the cost estimate. Owner
further agrees that the cost estimate is an estimate only, not
intended to constitute liquidated damages or a limitation on
the obligations of Owner. District shall be allowed to inspect
the facilities during all stages of construction. District
shall be notified a minimum of 48 hours prior to the
commencement of construction. After completion of the
facilities in accordance with the approved plans and
specifications, and not less than 35 days after the filing of a
"Notice of Completion" by District: the facilities shall be
considered as donated to District and shall be owned and
operated by District, if accepted by District. District will
not file a Notice of Completion unless they are free of
mechanic's liens. Owner shall furnish to District satisfactory
proof (ordinarily in the form of a title company report) that
no liens were filed against the project prior to the expiration
of the lien period.
3. Monuments and stakes previously installed which are
removed, altered, or destroyed prior to the completion of the
improvements and their acceptance by District shall be
installed by Owner wi thin 30 days after such acceptance by
District.
4. Owner shall convey to District easements, using the
District Form of Easement covering the property in which the
water facilities are located at all instances where the
facilities are not located in a dedicated street. Owner shall
have his Engineer provide District with a legal description and
an 8 1/2" x 11" plat of easements. The plat shall be a
reproducible transparency with Districts title block and shall
fully locate and describe the easement.
5 . Owner shall pay to District, upon execution of this
Agreement, and prior to commencement of any work hereunder, the
amount of the cash deposit set forth in District Exhibit B for
engineering, construction inspection, right of way expenses,
materials furnished and for other District work and special
charges.
6. Owner shall, at Owners expense, obtain all necessary
permits and licenses for the construction of the water
improvements and give all necessary notices and pay all fees
and taxes required by law.
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7. The water facilities constructed by Owner shall be
connected by Owner to the existing water lines of District in a
manner approved by District. If water facilities are
constructed in private streets, the streets shall be curbed
and/or constructed such that no damage to paving, structures or
landscaping will result from full flow fire hydrant testing or
from failure of Districts water facilities. The developer
and/or contractor shall submit a shutdown request to the San
Dieguito Water District at least seven calendar days in advance
of a shutdown. A detailed written procedure including a list
of personnel, name of supervisors and equipment to be used
shall also be submitted to the San Dieguito Water District.
The procedure, including personnel, supervisors and equipment,
must be approved by the San Dieguito Water District prior to
scheduling the shutdown. The District can cancel any
previously approved shutdown due to the weather and/or system
operation considerations. Filing of a Notice of Completion
shall not be accomplished until the following requirements have
been complied with:
a) All work has been completed in accordance with the
plans and specifications, all gate wells have been set
fl ush with the street surface, and meter boxes set to
finish grade;
b) A set of original plans (sepia prints), corrected to
conform with the work as constructed, has been submitted to
the District.
8. The water facilities shall be operated by District in
accordance with the rules and regulations of District. Meter
costs are not included in the estimated cost of water
facilities and shall be paid by Owner, in accordance with
District's rate schedule, as it, from time-to-time, exists.
Water for construction purposes will be provided in accordance
with District's Rates and Rules and Standard Practices.
9. District shall not, nor shall any officer or employee
of District be liable or responsible for any accident, loss or
damage happening or occurring to the work or improvements
specified in this Agreement prior to the completion and
acceptance of the same, nor shall District, nor any officer or
employee of District, be liable for any persons or property
injured by reason of said work or improvements, but all of said
liabilities shall be assumed by Owner, who agrees to indemnify
and save harmless District and the officers and employees of
District from and against any and all claims, demands, losses,
costs, and causes of action of any nature, and any expense
incident to defense thereof (including attorney's fees), for
injury to or death of persons or damage to property arising out
of the construction of the water facilities. Owner further
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agrees to protect District and the officers and employees of
District from all liability or claims because of, or arising
out of, the use of any patent or patented article in the
construction of said improvements. The Owner shall cause the
contractor to file with the District "Certificates of
Insurance" indicating that the following coverage is in effect:
a) An oriqinal certificate of insurance naming the San
Dieguito Water District as certificate holder and additionally
insured with a minimum public liability limit of $1,000,000 for
each occurrence and aggregate for combined bodily injury and
property damage.
10. District shall not, nor shall any officer or employee
of District, be liable for any portion of the expense of the
aforesaid work or for the payment of any labor or materials
furnished in connection therewith.
11. Owner shall furnish to District good and sufficient
security in the form of cash deposit, a letter of credit or
other security as approved by the District Engineer in the
amount of 150% of the estimated costs of improvements, to
assure faithful performance of this Agreement in regards to
said improvements.
12. District may make changes, alterations or additions to
the improvement plans and specifications, not to exceed 10% of
the original estimated costs of the improvements, Owner shall
provide additional security in a form satisfactory to the
District in an amount equal to 100% of the total estimated cost
of the improvements, as changed, al tered or amended; this
amount may be adjusted by the amount of work completed and any
partial releases already made. All such changes, alterations,
or additions shall not relieve the Owner of his improvement
security given for the faithful performance of this Agreement.
13. In the event it is deemed necessary to extend the time
of completion of the work contemplated to be done under this
Agreement, said extension may be granted by District and shall
in no way affect the validity of this Agreement or release the
improvement security given for the faithful performance of this
Agreement.
14. Owner shall, and hereby does guarantee all work for a
period of one year after date of filing of a Notice of
Completion by District, and shall repair or replace any and all
such work, together with any other work which may be displaced
in so doing, that may prove defective in workmanship and/or
materials within a one-year period from date of filing of a
Notice of Completion by District without expense whatsoever to
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to District, ordinary wear and tear, unusual abuse or neglect
excepted. District will give notice of observed defects with
reasonable promptness. Owner shall notify District upon
completion of repairs. In the event of an emergency, District
may make the repairs and Owner shall be liable for all expenses
incurred. In the event Owner fails to comply with District's
request for correction within one week after being notified in
writing by District, District is hereby authorized to proceed
to have the defects repaired and make good at the expense of
Owner, who hereby agrees to pay the cost and charges therefor,
immediately upon demand. In the event District elects to
repair the defective work, such action by District will not
relieve Owner of the guarantees provided in this paragraph.
15. Owner shall furnish to District good and sufficient
securi ty , in the form of cash deposit, letter of creditor
other security as approved by the District Engineer to
District, in the amount of 25% of the estimated total cost of
the improvements, to secure Owner's guarantee and warranty for
a period of one year following the acceptance by District
against any defective design work or labor done or defective
materials furnished.
16. The plans provided for in this contract conform to the
current standards of the San Dieguito Water District. The
developer will be required to conform to the standards
applicable on the date upon which construction is commenced on
the development if construction is not commenced within six
months of the date of the execution hereof by the San Dieguito
Water District.
17. Owner agrees to install water improvements as called
for on signed improvement plans.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed the day first above written.
SAN DIEGUITO WATER DISTRICT
A. Stew~t, President
A. Stewart Finane i aI, Inc., General
Partner
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Warren H. Shafer, Mager
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EXHIBIT "B"
Project Name:
Date:
Encinitas Tract 87-143
A-0001
September 14, 1988
1. The Owner/Developer to provide for the installation of the
below listed water facilities.
2. No facilities will be installed prior to the execution of
agreement to improve development water facilities.
3. No facilities will be installed prior to the acceptance by
the District of the a) Instrument of credit and b) Certificate
of insurance.
4. Improvement plans shall not be signed as approved by the
District, prior to the stipulations spelled out in paragraph
1 through 4, with the exception of fees and deposits designated
by the asterisk (*) which are required prior to installation/
construction. .
5. Developer to provide for compaction testing per requirements
of San Dieguito Water District.
6. Developer to provide for construction staking and surveying
for the proposed water facilities.
7. G & S Development to install the water facilities
Developer/Owner's name listed in paragraph 8.
8. INSTALLATIONS: Replace 60 L.F. 6" A/C, Connections 2,346
a) 329 L.F. 12" C-900, Connections & Appurtenancs$ 11,054
b) 635 L.F. 8" C-900, Connections & Appurtenances$ 14,920
c) 76 L.F. 6" A/C, Connections & Appurtenances $ 2,501
d) (25) 1" Water services $ 12,250
e) (1) 1" Automatic Air Release Assembly $ 1,150
f) (1) 6" Fire Hydrant Assembly $ 2,030
g) Contingencies (10%) $ 4,625
Total estimate: $ 50,876
9. INSTRUMENT OF CREDIT:
a) Instrument of credit, 150%
10. ENGINEERING COSTS:
$ 76,314
$ -0-
11. METER FEES: (METER AND CAPACITY)
a) 25- 3/4" Meters $1.410 ea
b)
c)
d)
e)
Total meter fees:
$ 35,250.
$
$
$
$
$ 35.250.
*
Page 1 of 2
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EXHIBIT "B"
12. CAPACITY FEE: (BACKFLOW AND FIRE SPRINKLER ONLY)
a) $
b) $
Total Capacity Fee: $
13. CAPACITY CREDIT: (OFFSETS NEW CAPACITY FEES ONLY)
a) 2h Meter (Final & Stock) Acct#0428068020 $
b) $
c) $
Total Capacity Credit: $
4. INSPECTION (ESTIMATE DEPOSIT)............... $
5. DEPOSITS & FEES:
Estimated Deposits & Fees
Capacity Credit
*Tota1 estimated deposits &
$ 37,175.
$ 4,000.
fees required:
***
N/A
*
,4,000
4,000.
1,925.
***
*
$
33,175.
6. 'fhe above figures for deposits are estimates only and may vary
accordingly. Upon completion of installation, cost will be
computed and billing or refund will be issued to your firm.
7. In the event 90-day period elapses from date of Exhibit "B",
the above estimated deposits and fees must be revised and are
subject to the condition of agreement with the San Dieguito
Water District.
8. Contractor responsible for consumer side connection of proposed
project meters. The District shall furnish consumer ball valves
as part of item 11.
9. Easements for the new water facilities will be executed by the
developer and be recorded prior to the water facility installation/
construction and filing of the subdivision map.
ACCEPTANCE
DIEGUITO WATER DISTRICT
PER
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SAN DIEGUITO
59 EAST" D" STREET
ENCINITAS, CALIFORNIA 92024
June 5, 1990
Mr. Max Stewart
G & S Development
777 Pacific Coast Highway Suite 211
Solana Beach, Calif. 92075
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WATER DISTRICT
(619) 753-1145
Re: Agreement A-OOOl
Dear Max,
District has received your request to release 1 year
warranty/guarantee retention on water lines that were
completed April 25, 1989.
Enclosed is the security deposit of $12,719.00 in
the form of CD that is being returned to you. Thankyou
for your cooperation in completing the water lines in
a timely manner.
Very Truly,
rVMtv )L. ~~
Victor R. Graves
Engineering & Planning Supervisor
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A FEDERAL SAVINGS BANK
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CERTIFICATE OF DEPOSIT
ACCOUNT SUMMARY
2-3031916
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Account Number
OlJ/12/89 9.700 % Yo Renewable
Date of Issuance Rate Per Annum
$ 12719.00 $ 1000.00 0 Non-Renewable
Opening Balance Minimum Balance
OlJ/12/90 1 year 1 year
Initial Maturity Date Term Minimum Term
!fterest Distribution: 06/30/89
CJ Interest added to this account beginning and quar-
terly thereafter, with the last distribution upon account closure. (Compounded
Quarterly)
o Interest distributed in the form of a check or transferred to another account beginning
and thereafter.
with the last distribution on the final maturity date. (Simple Interest)
o At Maturity. (Available on 91 day and Non-Renewable accounts ONLY,) (Simple
Interest)
This certifies that
G&S DEVELOP~f'BDG INCORPORATED
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and/or SAN DIEGUITO WATER DISTRICT
hold(s) a savings account with the Opening Balance and for the initial term expir-
ing on the Initial Maturity Date shown hereon in MeraBank, A Federa' Saving. Bank, and in
accordance with the Rules of Acco Plicabl~e~corporated herein by
reference. 17~ j
Certificate Issued by L l"J
," I acknowledge receipt of and agree also. to the Rules of Account provided to me separately.
Customer's Initials
MeraBank, A Federal Savings Bank
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Mer.Bank an equal opportunity lender
Insured Savings by the FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION. Washington. D,C,
An Instrumentality of the URlted States Government
DATE WITHDRAWALS INTEREST DEPOSIT BALANCE
01 A "R12-89 12719.00 12719.00 CK
S-688 (1,86)
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~ DIEGUITO WATER DISTRICT 4It
WATER IMPROVEMENTS SECURITY OBLIGATION AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
That I/we G & S DEVELOPMENT ,
Principal, are held and firmly bound unto the San Diegui to
Water District, a irrigation district, in the city of
Encinitas, County of San Diego, State of California, in the sum
of Twelve Thousand seven hundred nineteen dollars and 00/100.
($ 12,719.00 ) in the form of CD in name of San Diequito Water
on deposit with the District Treasurer and to be held by it
until this obligation becomes void and if any of the
conditions herein are breached, to be applied by the San
Diegui to Water District to satisfy any damages suffered and
pursuant to the provisions recited hereinafter.
The condition of the foregoing obligation is such that
whereas the above-named Principal has agreed pursuant to
"Agreement To Improve DeveloI>ment-Water Facilities" No.A-OOOl
Original Letter of Credit of 150%, has been reduced to 25% based
on the amount of work that has been completed to date. 25% security
will continued to be held for a period of one year following
acceptance date by District Board as stated in paraqraph 15
in Water Improvement "Aqreement".
, dated September 14, 1988 a copy of which
is attached hereto, to provide certain improvements for the
property known as Encinitas Tract 87-143 and is
required by said agreement to give the District a security to
guarantee the performance and completion of said improvements;
NOW, THEREFORE, if the said Principal shall well and truly
perform all the work specified in said agreement, then this
obligation shall be null and void, otherwise to remain in full
force and effect. In addition, this security shall be
conditioned upon the Principal's full compliance with all terms
and conditions of the required city of Encinitas Engineering
Permit including any condition specifying a time limit; and
further conditioned upon full compliance with all provisions of
the ordinances and standards of the City of Encinitas and San
Dieguito Water District.
IN WITNESS WHEREOF, the said Principal
his hand, this 13th day of April
G & S DEVELOPMENT
Principal
Partner
1331 Encinitas Blvd., Suite #8
Business Address
Encinitas, CA 92024
Sec/3/29/89