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1991-246088 ~ !!l1! !!l1! Siii ~ ~ ~ ",~\\\'~14-_~~ ~~-' DOC U: 1991-0246088 24-MAY-1991 08:42 A RECORDING REQUESTED BY AND WHEN RECORDED MAil TO 934 SAH DIEGO COUHTY RECORDER'S OFFICE AHHETTE EVAHS, COUHTY RECORDER FEES: 0.00 I Name Street Ad:ress City & State L San Dieguito Water Dist.~ 59 East "0" St. Encinitas, Ca 92024 -1 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 lhat: L The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the properly hereinafter described: 2. The full name of the owner is __ _ San l1ieguito Water.,j)istrict_ 59 East "D" Street 3. The lull address ollne owner is Encinitas, Ca 92024 4. The lIature of the interest or estate of the owner is; In fee. In Fee - (If other than fee, strike" In lee" (lnd ,nsert. for ~)ar1'Dle_ "purchaser under contract of purchase, ,. or "lessee") 5. The full names and lull addresses of all persons, il any, who hold title 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 _DeceI!1Per II, __ ~1.9-H\e work done was: IngtallSit.ion of water , ; nps ,:::mn ?Ippl1rh"!n?lnr.ps 7. The name of the contractor, if any. tor such work of improvement was Bruc_E: St. Gean, General Parnter of; Ouail_ Gardens View L A Cal_iforni_a Limited__Partnership .Tn' y :;>4, 1 Q90 (Ifnocontr(lctorforworkofimprovementasawhole,lnser!"none"_) WateofContract) 8. The property on which said work ot improvement was completed is in the city of __ Encini tas County of _ Sen Dipgn (Agreement No,,-- APN 257-011-22 9. The street address of said property is _ Qua i 1 Gardens Rd. (If no streel address has been ofliciallyasslgned,insert "none". ) _,State of California, and is described as follows: A-OOO?) Private road off Quail TPM 18754 Gardens Dr. Dated:DE'C'E'mnpr '1. 1 ggO Verifi~afion for Individual Owner . \ "'\ s.:- N,,^---- +\ 0~ j Signature of owner or corporate officer ot owner named in paragraph 2 or hisagen! Warren H. Shafer, Secretary VERIFICATION I, the undersigned,say: I amlheManaqE'r of _Srln nipgllitn Wa:t..er..~Dist. _thedeclarantoftheforegoing ("P"reSldent 01". "Manager Df'. ",. partner of", "Owner of", etc.) notice of completion; I have read said notice of completion and know the contents thereof; the same is true 01 my own knowledge. I declare under penalty of perjury lhat lhe foregoing istrueandc orrect. Executed on __ np~pmhAr " . (Date of signatur~.l __, 19---.9..0...., at~nciI'!i tas rCity where signed.) ,California. ~ .-+\ ~ (Personal signalureofthe individual who is sweari that the contents of the notice of cDmpletion are true,) Warren H. Shafer, Secretary NOT'CE OF CO,,",PLETION_. WOLCCTTS FOR,,", " \4 RE.' 6_74 8 ~t, frpe Gr iarger ~ DIEGUITO WATER DISTRICT WATER IMPROVEMENTS SECURITY OBLIGATION AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS: That I/we Quail Gardens View, A California Limited Partnerphip, Principal, are held and firmly bound unto the San Dieguito Water District, a irrigation district, in the city of Encinitas, County of San Diego, state of California, in the sum of Fifteen thousand. six hundred sixTY nnll~r~ ~nn nn!,nn ($ 15,660.00 ) in the form ofr,pt-t-pr nr rr""r'!it- #'00Q1390 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 Dieguito 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 Development-Water Facilities" No. A-ODD? Provide 150% of the estimat:Rn COST!': nf imprnuoOmoOn+<::!. Tn A!':!':11roO faithful performance of this Aareernent. 25% security will be held for a period of one year followin9 accp-pt:anr.R nnTR by District Board as stated in paraaraph 15 in Watp-r TmprovRmRnT Aqreernen t. , dated a copy of which is attached hereto, to provide certain improvements for the property known as TPM 18754 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 his hand, this WHEREOF, the said Principal has hereunto set 24th day of July , 19--22..-. RJtUk~'~, ~J Principal 121 "" t~~. ~\.~,~.t.., Business Address ~~ en \:, " , CA, 7.s::nJ.t Sec/3/29/89 AGREEMENT TO IMPROVE DEVELOPMENT-WATER FACILITIES AGREEMENT # A-0007 THIS AGREEMENT is made and entered into this day of 19____, by and between San Dleguito Water District, hereinafter called District, and Bruce St. Gean, General Partner of : Quail Gardens View, A California Limited Partnership. 1516 Calle Pensamientos Encinitas, Calif. 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 365 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 "BII 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 flAil; Exhibit "B"; Improvement Security; Set aside Letter; and Certificate of Insurance, etc.} 2. Owner agrees that the work shall be done by a Class "All or IIC-34" licensed contactor, 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 Ten thousand, Four hundred and forty dollars and 00/100 cents. ($ 10,440.00 ). Owner's obligation under this Agreement extends to the - 1 - completion of the improvements, as hereinabove set forth, and is not limited 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 within 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 11'1 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 "BII for engineering, construction inspection, right of way expenses, materials furnished and for other District work and special charges. 6. Owner shall, at Ownerls 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. 7. The water facilites constructed by Onwer 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 - 2 - 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 flush 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 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: - 3 - 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, altered 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 District, ordinary wear and tear, unusual abuse or neglect excepted. District will give notice of observed defects with reasonable promptness. - 4 - 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 therefore, immediately upon demand. in the event the 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 security, in the form of cash deposit, letter of credit or 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" TPM 18754. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day first above written. SAN DIEGUITO WATER DISTRICT OWNER/DEVELOPER 1\ ~ , , I )~ '" 0'~J-- Warren H. Shafer, District ManageE AGREE/06/06/90 B~>>,~~~ 1UJ,;~Wu2 ~()~~, 5 - STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this ~ -Hi day of ::ItA !.- if- ' 19-1"', before me Bruce St. Gean, General Partner 0 Quail Gardens View, personally appeared, known to me (or proved to me on the basis of satisfactory evidence) to be one of the partners of the Partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. 55. Witness my hand and official seal. ~~o e c!4J Jo phi E. Neeb N ry ublic ~~~"' ~,~ ~.3~., .~. .eo, __ H /},-..,.::"". c, d~lil Si~l i~ :_,c:.~~~\\~:\., JO~~?H;NE E. NI=EB ~. "l'.";,; ~,'l>......,\ . r, 'h-" p,,-,". ..... . \ \t:~-?;~'ilfPj , ;::.; ~i"~~-Ch;'FU'!<A ~ M' ~ ~A;;~:~;~~oO[~~~r~'1 YCu!Jlm'''loo [, , ".7> ' .. .. ^~Ires .,lay 26, 1994 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) ON -::fi)1--v /'7 /9'/0 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN iND FOR SAID STATE, PERSONALLY APPEARED lNfH2PEN H" ...SJ1f4r:F~ KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE). TO BE THE SECRETARY OF THE SAN DIEGUITO WATER DISTRICT AND KNOWN TO ME TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF SAID PUBLIC CORPORATION, AGENCY OR POLITICAL SUBDIVISION. AND ACKNOWLEDGED TO ME THAT SUCH PUBLIC CORPORATION, AGENCY. OR POLITICAL SUBDIVISION EXECUTED THE SAME. WITNESS MY HAND AND OFFICIAL SEAL. .~ ~f::? SIGNATURE ~. 7 <7~ _ ~ _7. . NAM (TYPED OR PRINTED) o~ .,:.~~ r-,...-.:','"','::" t~. r- (.} .7 1..~ JO~~;;.:h'lihi:: E. I"ELD (') --- "r~,~. ~"'T'"" '_ .", , "." "-.-.._, "j "c-'~'~~[}j3I:1F ~ "!'>'~~;:,'.~_~:.,~r~;;;'" tl '_,"',clr ~,' L,",_ v."c" i ,_) "."~. ~;;~:;;~"~~'~1' jil .' .,.'", .". ~A", _^",._, "'I _.. o".~. " ~:c ~ ". '~_'V .~. ~" ' EXHIBI'r liB" Agreement #A-0007 Project Name: Quail Garaens Drive (Private Road) TPM 18754 Date: 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: (a.) Instrument of Credit (b.) Certificate of Insurance. 4. Improvement plans shall not be signed as approved by the District, prior to the stipulations spelled out in Paragraphs 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. Bruce St. Gean Developer/Owner's Name to install the water facilities listed in Paragraph 8. 8. INSTALLATIONS: ) 130 ft of 8"AC Main a. b.) Temporary High Line 180ft. c. ) Replace 1" Air Release d.) Water meters adjusted 6 ea. e.) Ad~ust Gate Valve to grade 2 ea. f.) AdJust F.H. to grade 1 ea. g. ) Total Estimate: $ 3,120.00 $ 4,320.00 $ 1,200.00 $ 1,200.00 $ 200.00 $ 400.00 $ $ 10,440.00 9. IMPROVEMENT SECURITY: a.}Improvement of Security, 150% $ 15,660.00 10. ENGINEERING COSTS: Plan check Fee $ 300.00 11. METER FEES: a.) b.) c.) d.) e. ) (METER & CAPACITY) $ $ $ $ $ Total Meter Fees: $ N/A * Page 1 of 2 EXHIBIT IIBII 12. CAPACITY FEE: a. ) b.) (BACKFLOW & FIRE SPRINKLER ONLY) $ $ Total Capacity Fee: $ N/A . 16. The 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. 17. In the event the gO-day period elapses from date of Exhibit IIBIl, the above estimated deposits and fees must be revised and are subject to the condition of agreement with San Dieguito Water District. 18. Contractor is responsible for consumer side connection of proposed project meters. The District shall furnish consumer ball valves as part of Item 11. 19. Easements, in the form used by the District, 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 SAN DIEGUITO WATER DISTRICT OWNER/DEVELOPER '. 1\ '(,'-. ; . ,}-.J~---~' " ~--_.- ,. I _ Warren H. Shafer, Distriit Manager (3 ~. ,J;.~. l).llU>)' ~, Page 2 of 2 STATE OF CALIFORNIA ) ) S S. COUNTY OF SAN DIEGO ) ON :::\"-1..;1, /7 19'70 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN D F6R SAID STATE, PERSONALLY APPEARED WJ4ePEN H. ShnFE',e KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE), TO BE THE SECRETARY OF THE SAN DIEGUITO WATER DISTRICT AND KNOWN TO ME TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF SAID PUBLIC CORPORATION, AGENCY OR POLITICAL SUBDIVISION, AND ACKNOWLEDGED TO ME THAT SUCH PUBLIC CORPORATION, AGENCY, OR POLITICAL SUBDIVISION EXECUTED THE SAME. SIGNATURE HAND AND OFFICIAL SEAL. , ~71 O{yMn.L,~ 'j;P r/L"JJ ik---l;, - ,-' ~\ ('J.C;ff IfV~ C:.. NEI::)C{ NAM (TYPED OR PRINTED) ~ ~"0 9 "~;:':rj,h,;.~:t\ ~~ ~~':::<2...:'/;' J ~",,,,, '...."'c> O;-;iCI.~L SEAL Jq~~PH)NE E. NEEB ,',_ "YJ~::_-JRr,:,~ ~ ;',,:::: 0 1_ ~;~' OCt I', r:, ,:.', D: CJ :-~~'m ~ I'.~j C'Y~~,1"10~ rp:,,'S 1.'0)' 26 1~j4 WITNESS MY STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On this 3d day of -:roJ..~ ' 1990 , before me Bruce St. Gean, General Partner 0 Quail Gardens View, personally appeared, known to me (or proved to me on the basis of satisfactory evidence) to be one of the partners of the Partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. 55. Witness my hand and official seal. ~~....~e-?A'~- . ...., Q"ICIALSE,I.L 1 ,j'~D;\. JOSEPHINE E, NEEB t\J ,~~r!:~.'fi;.'. N[l1~,R\' PiJElIC.CAUFORNi~ !~~6:f_~i;:~W- pp;N~lm OF'iCt iN \) ~:"~';;;.f: SM~ DIEGO COUNTY L -'''''::,.;_ \~)' Ccmm:ss:on hp"e, ~aJ 26 : 994 .".~,,"