1992-469378
!fU.lII~\\\~A\~~~~~\\\~N.I.lI~\\\~
~ RlCORDING REQUESTED BY DOC U 1992-0469378 ~
~ 28-JUL-1992 11:15 A~
~ AND WHEN RECORDED MAil TO 5 50::::!!
~ OffICIAL RECORDS ~
SAH DIEGO COUHTY RECORDER'S OffICE ~
~ I . I AHHETTE EUAHS, COUHTY RECORDER ~
~ Name San Dieguito Water D1St. FEES: 0.00 ~
~ 59 East "0" Street / ~
Street
Ad~ress Encinitas. Ca 92024
City &
State
L
14:
,
-.J
SPACE ABOVE THIS LINE FOf!RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days alter completion. (See reverse side for Complete reQuirements.l
Notice is hereby given lhat:
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 S.<lTI Di "'8111....n W::> 1- PT n-i c+-ric. t
3. The full address 01 the owner is 59 East "0" Street
Encinitas. Ca 92024
4. The lIature of the interest or estate at the owner is; In fee.
Tn P"p
(If other than fee, strike "I~ fee" and Insert, for enl"1~le, "purchaser under ~ontra~t of purchase," or "lessee"]
5, The full names and full addresses of all persons,
NAMES
if any, who hold title with the undersigned as Joint tenants or as tenants in common are:
ADDRESSES
6 A work of improvement on the property hereinafter described was completed on
July 21r 1992 . The work done was:
Installation of water linp~ ~nd ~rrllrtpn~nrPQ
7, The name oj the contractor, if any. tor such work at improvement was _ .S t. John s
The Roman Catholic Bishop of San Diego
ilf no contractor for work of improvement as a "Ihole, Insert "non e")
8. The property on which said work of improvement was completed is in the city of __nE n c in ita s
Catholic Church
iDateof Contr3ctJ
County of
lOOl
~ '" n nip go. State of California, and is described as follows:
Pnrinit~~ Blvd. (APN ?~9_111_n7 & 08)
~t" TonnQ
rnllrrn
A e r p pm pn t
No A-OOl2
9, The streel address of said property is
1001 FncinitR~ Blvd
Ilf no street address has been ofliclallyassigned,inser! "none ",)
Dated: July 21, 1992
VerificationforlndividualQ"Iner
W~-N~
Signoture of owner or corporate officer of owner
nomed In par3graph2 or his agent
Warren H. Shafer, Secretary
VERIFICATION
I,theundersigned.say:lamtheManager of San Dieguito Water Dist. the declarant of tile foregoing
{"President of", "Manager 0/", "A partner of", "Owner of", elcl
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 July 21,
(Date 01 signature,)
,19~,at Encinitas ,California,
{City where signed.)
~j~f\~.
(Personal signature of the Individual who IS swearing tho! the contents of
the notice of completion are true,)
Warren H. Shafer, Secretary
NOTICE OF COMPL.ETlON-WOL.CCTTS FORM 1114_REV 6.74 {pr"eCliSsl)
8pttypeorlarger
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
MEETING DATE: OCTOBER 22. 1991
TO:~ Warren H. Shafer, District Manager
F J.vc,,. t R G . l' .
rom: ~c or . raves, Eng~neer & P annlng Supervlsor
Via: ~Ob Nelson, Interim Public Works DirecyPr
Joseph V. Palmer, Operations Manager ~'1"
Subject: Authorization to enter into an IIAgre~ment to Improve
Development Water Facilitiesll with The Roman
Catholic Bishop of San Diego, for future rectory and
school site at APN 259-311-01 and APN 259-310-04
Date:
October 11, 1991
BACKGROUND
st. John's Church, located at 1001 Encinitas Blvd., has
received approval from the city of Encinitas and the Coastal
Commission to build a driveway and parking lot structure,
including the grading, storm drains and sewer lines for a
future school and rectory site.
In order to meet projected water
other appurtenances will need
domestic and fire flow needs.
requirements, new
to be installed
services and
to provide
DISCUSSION
The District I s current work force is not geared to perform
larger projects without creating hardships on normal
operations. For this reason, the District has requested that
the owner enter into an "Agreement" with the District to
provide a properly licensed contractor to install water
improvements under District inspection.
The District has been provided with the required information
for this project. The owner agrees to bear all costs for
improvements and abide by District rules, regulations and
specifications, including the conservation offset requirement
once established by the Board.
RECOMMENDATION
It is recommended that the San Dieguito Water District Board of
Directors authorize the District Manager to enter into an
"Agreement to Improve Development - Water Facilities" with The
Roman Catholic Bishop of San Diego, for future rectory and
school site at APN 259-311-01 and APN 259-310-04.
APN 259-3U-01 & 259-310-04
PC 90-32
AGREEMENT TO IMPROVE DEVEIDPMENT - WATER FACILITIES
AGREEMENT NO. A-0012
THIS AGREEMENT is made and entered into this :J. a... day of Dc.\-
19~, by and between San Dieguito Water District, hereinafter
called District, and St Johns Catholic OUlrch
The R':Inan Catholic Bishop of San Dieao
1001 Encinitas Blvd.
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
constructed in the manner set forth
such facilities,
herein.
if
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 liB" on file at the
office of District an 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
"AU 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 in the sum of Twenty-three 'Ihousand, nine
hundred two dollars and 00/100 ($ 23.902.00 ). Owner1s
obligation under this Agreement extends to the completion of
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
1
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 II 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 lIt! plat of easements. The plat shall be a
reproducible transparency with District's 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 Owner's 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 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 District's water facilities. The developer
and/or contractor shall submit a shutdown request to the San
Dieguito Water District at least seven (7) 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
2
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 the 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 ~ules 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:
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 in the amount of
3
150% of the estimated costs of improvements, to assure faithful
performance of this Agreement in regards to said improvements.
,
I 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.
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 expenses incurred. In
the event Owner fails to comply with District I 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 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 Oistrict good and sufficient
s!=,curity, in the form of cash deposit, letter of credit or
other security as approved by the 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
4
GENERAL ACKNOWLEDGMENT
Stat. of
'",--
County of
,5-~, V....'VO
v
.'<;&""'-
SHAR~~~!:;~LC~~WElL i','
"()TA;;Y H::'l'~ CALIFORNIA
PRI~IPAI,)FFICEIH it,','
SAHDIEGOCOUliTY I'
M,Commisslon <<p_Aug_lll, 1993_
--~..- ,.
1'I1012lt
} ss.
,-no
Ontnlstne~dayof
. Vz a rCrYL.
-
19.2!. oetore me.
~
tne under$ioned Notary PUbliC. personally appel/ad
/ ,'-0 Ii '7 /-ICWYI-eU
/
= personally known to me
~oved to me on the bais of satisfactory evidence
to be the person(s) whose name(s) : S subscribed to the
wflh,n 'nstrumenl, and eoknOWledged LA' ..eo",ed'l.
WITNESS my and and official seal. #' A
e.V,-
'''.'iTlOMAl. HOTAItY.o\S8lXlATION. Z3OlI............,_. "0. _.u!. _ _ CAM"
applicable on the ..tate upon which constructic1Jl is commenced on
the development if construction is not commenced wi thin six
months of the date of the execution hereof by the San Dieguito
Water District.
17. CONSERVATION OFFSET REQUIREMENT:
A. The DISTRICT shall accept orders for installation of
new meters, or upgrade capacity size of existing meter, when
the applicant has a building permit or Board approval.
B. Due to drought conditions, the DISTRICT has imposed a
"Conservation Offset" requirement on all OWNERs who desire a
water meter that creates a net increase in water Use.
C. The
executing this
requirements.
OWNER desires
agreement to
to obtain a water meter by
meet the "Conservation Offset"
D. The DISTRICT has not yet enacted a Resolution to
impose the fees and/or conditions necessary to resolve the
"Conservation Offset" requirements.
NOW THEREFORE, it is agreed among the parties:
I. OWNER agrees to pay all meter fees along with
other fees that are established by the DISTRICT at time of
application.
II. OWNER agrees to submit a deposit that will be
applied towards meeting the "Conservation Offset" requirements
once established by the San Dieguito Water District Board of
Directors.
III. The figures for deposits are estimates only and
may vary accordingly. Upon establishment of "Conservation
Offsetll requirements, cost will be computed and billing or
refund will be issued to the OWNER.
18. Owner agrees to install water facilities as called for on
sianed improvement plans.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed the day first above written.
SAN DIEGUITO WATER DISTRICT
WCMA---0 ~
~ER .
/ . ~Z;/O
Agree: \10/07/91
5
EXHIBIT "B"
APN 259-311-07 & 08
PC 90-32
P~oject Name: St. Jdm's Cllurch (Public Water Irrproverrent Plans)
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
the District of: Ca.} Instrument of
Certificate of Insurance.
acceptance by
Credit (b.)
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 C*} 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.
Rani-m Catholic Bishq?
Developer/Owner's Name
to install the water facilities
listed in Paragraph 8.
8.
INSTALLATIONS: 26 LF Trench Resurfacing
a.} 486 IF of 8n pvc Water M:1;1l $
b.) Camercial Fire flydrant $
c.} 3-8" and 1-12" Gate Valves $
d.} 1" Air Release Asserrblv $
e. ) 2" Blow Off Assenbl v $
f. } 1 1/2" Water Service $
g. ) 10% ContinqenCV $
Total
9. IMPROVEMENT SECURITY:
a.) Improvement of Security, 150%
299.
12.150.
2.730.
3.820.
1.260.
670.
800.
2.173.
Estimate:
$
23.902.
$ 35,853.
10. ENGINEERING COSTS:
Ehcroachrrent Fee
'11.
CAPACITY CREDIT: (OFFSETS NEW
Account Number SDWD
CAPACITY FEES
SDCWA
$ 100.
ONLY)
a.) N/A $ $
b.) $ $
c.) $ $
d.) $ $
Total Capacity Credit: $< -0- > $< -0- >
Page 1 of 3
,
12.' SDWD METER FEES:
EXHIBIT "B"
Installation Caoacitv
a.) 1 1/2 ~ter $ 390. $ 6,000.
b.) $ $
c.) $ $
d.) $ $
e.) $ $
Capacity Credit (Refer to No. 11 $< -0- >
Totals $ 390. $ 6,000.
Total Meter Fees: $ 6,390.00 "
13. SDCWA CAPACITY FEES: CaDacitv
a.) 1 1/2 ~ter $ 2,988.
b.) $
c.) $
d.) $
e.) $
Capacity Credit (Refer to No. 11)$< -0- >
Total Capacity Fees: $ 2.988.00 "
14. CAPACITY FEE: (FIRE)
a. ) $
b.) $
Total Capacity Fe: $
15. INSPECTION: (ESTIMATE DEPOSIT) $
16. CONSERVATION OFFSET: (ESTIMATE DEPOSIT)
Gallons per Day x $ 5.08
N/A "
1,850.00 "
a. ) 1 1/2" Irrigaticn (2000 GPD Avg.) $ 10,160
b.) $
c. ) $
d.) $
Total Conservation Offset Deposit: $ 10,160.00 "
17. DEPOSITS & FEES:
Engineering Fees $ 100.
sown Meter Fees $ 6,390.
snCWA Capacity Fees $ 2,988.
Fire Capacity Fees $ -0-
Inspection Deposit $ 1,850.
Conservation Offset Deposit $ 10,160.
"TOTAL ESTIMATED DEPOSITS & FEES REQUIRED: $ 21,488.00 "
18. 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.
Page 2 of 3
EXHIBIT "B"
19. In the event the gO-day period elapses from date of
Exhibit liB", the above estimated deposits and fees must be
revised and are sUbject to the condition of agreement with
San Dieguito Water District.
20. Contractor is responsible for consumer side connection of
proposed project meters. The District shall furnish
consumer ball valves as part of Item 11.
21. 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
U~~.~
District Manager
OwryEwmVELOPE~ ~
Y7~7~
Page 3 of 3
E-B 10/08/91
SAN DIEGUITO WATER DISTRICT
WATER IMPROVEMENTS SECURITY OBLIGATION AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
That Ijwe St Johns Catholic Church I
Principal, are held and firmly bound unto the San Dieguito
Water District, a irrigation district, in the city of
EncinitasJ County of San Diego, state of California, in the sum
of THIRI'Y-yIVE THOOSAND, ErGHI' HUNDRED FIFTY THREE OOLIARS ANn NOll no
($ 3S.851.00 ) in the form of
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-0012
PC 90-32
, dated October 22, 1991 a copy of which
is attached hereto, to provide certain improvements for the
property known as St Johns Qmrch, APN 259-311-01. 259-310-04 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 Encini tas 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 has her~~o set
his hand, this ,;57" day of j1do~~15rJ~.i?isan),>iego
. ~ i~ffA;;j-iJL~
Pr~ncl. al. -
p:oaA.~ 0IIcer
Business Address
Sec/3/29/89