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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