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1996-42344 1956 ~c U 1996-0042344 29-JAH-1996 10:11 AM OFFICIAL RECOROS SAH OIEOO COUHTY RECORDER'S OFFICE GREGORY SMITH, COUHTY RECOROER ms: 0.00 Recording Requested by: San Dieguito Water District ) ) ) ) ) ) , ) SPACE ABOVE FOR RECORDER'S USE When Recorded Mail To: San oieguito Water District P.O. Box 231010 Encinitas. CA 92023-1010 AGREEIIl!NT TO IMPROVE DEVELOPIIl!NT - WATER FACILITIES AGREEIIl!NT NO. A-0020 Assessor's Parcel No. 259-131-31 THIS AGREEMENT is made and entered into this 15th day of November, 1995, by and between San Dieguito Water District, hereinafter called District, and Jack D. Porter 322 Stafford Ave. Cardiff. CA 92007 (Name and Address) hereinafter called Owner, for property described in Exhibit lIA". A. In the near future, Owner desires to install a water main or mains and appurtenances to service its property. B. District will own and operate such facilities, constructed in the manner set forth 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 its 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 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 "All: Exhibit liB": Improvement Security: set aside Letter: and certificate of Insurance, etc.) 2. owner agrees that the work shall be done by a Class "A'l or "C-34" licensed contractor, and that the work shall be subject 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 1957 water facilities in the sum of Thirtv-five thousand. four hundred sixty dollars and 70/100 ($35.460.70), Owner's 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 completion of the facilities in accordance with the approved plans and specifications, and not less than 35 days after the filing of a ltNotice 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" 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 2 1 -8 _J 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 Oieguito 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 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 conform with the work as constructed, the District. prints) , has been corrected submitted to to 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 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: a.) An oriqinal certificate of insurance naming the San Dieguito Water District as certificate holder and additionally 3 1~j9 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 100% 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. 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'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 4 1960 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, 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. The water meter fees including installation and capacity, are established from time to time by the Board of Directors of San Oieguito Water District and San Diego County Water Authority. The developer will be required to conform to the installation and capacity fees, which are applicable on date of payment. Construction will not be allowed to commence until all water fees have been received. 18. Owner agrees to install water facilities as called for on siqned improvement plans. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day first above written. SAN DIEGUITO WATER DISTRICT OWNER/DEVELOPER ~~- Lauren M. Wasserman District Manager ~ ---- Pa.u.l :IRQ t.jp".l'4 Wllll~ -Jet<"1: f'brh"r Agree/7-1-95 5 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 1961 No. 5907 State of <:::A County of ~ 'D,.,f;;"{,.o On LLi".6"5 DATE personally appeared _ NAME(S)OFSIGNER(SI o personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that::fiQ;\he/they executed the same in ~her/their authorized capacity(ies), and that bydii81her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. !. ~L f g. Nllt~n u ~!! I. ~1 J WITNESS my hand and official seal. ~~ ~.-- SIGNATURE OF OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ~DIVIDUAL [!] ~~RPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT vf7~.e." t- TITLE OR TYPE OF DOCUMENT TTTLE(S) o PARTNERIS) o LIMITED o GENERAL ---- o ATTORNEY-iN-FACT o TRUSTEEIS) o GUARDIAN/CONSERVATOR o OTHER NUMBER OF PAGES ~ DATE OF DOCUMENT ----- SIGNER IS REPRESENTlNG: NAME OF PERSON(S) OR ENTITY(IESl SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave., P_O. Box 7184. Canoga Park, CA 91309-7184 1962 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 THAT PORTION OF THE WEST HALF OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING NORTHERLY AND NORTHWESTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14, DISTANT 40.50 FEET NORTHERLY FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SOUTH 89'47'16" EAST 62,00 FEET; THENCE NORTH 53'55'00" EAST, 205.76 FEET TO A POINT IN THE NORTHERLY LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE WEST HALF OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, DISTANT THEREON 226.36 FEET EASTERLY FROM THE NORTHWEST QUARTER OF SAID SOUTH HALF OF THE SOUTH HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER. PARCEL 2: THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE SOUTH 40.50 FEET OF THE EAST 202.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED AUGUST 31, 1967 AS FILE NO. 132579. 1963 EXHIBIT "B" Project Name: Phoenix School Date: October 30. 1995 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.) Good and sufficient Security (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 of San Dieguito Water District. ra:)Uiren>ents 6. Developer to provide for construction surveying for the proposed water facilities. staking and 7. Paul and Linda Wulle to install the water facilities. Developer/Owner's Name listed in Paragraph 8. 8. INSTALLATIONS: a.) 8" PVC Water Main 714 If $17.850.00 b.) Fire Hvdrant 2 ea $ 5.040.00 c.) Trench Resurfacinq 78 If $ 897.00 d.) 3/4" Water Meter 1 ea $ 560.00 e. ) 1" Water Meter 3 ea $ 1.680.00 f.) 2" Blowoff Assv. 2 ea $ 1.340.00 g.) 1" MAR 3 ea $ 3.780.00 h.) 2" Fire Service 1 ea $ 1.090.00 L) 10% Continqencv $ 3.223.70 Total Estimate: $ 35.460.70 9. IMPROVEMENT SECURITY: a. ) Improvement of security, 100% $ 35.460.70 10. MISCELLANEOUS COSTS: $ -O- Il. CAPACITY CREDIT: (OFFSETS NEW CAPACITY FEES ONLY) Account Number SDWD SDCWA a.) 0431003010 b.) 0431004010 c. ) d.) Total Capacity Credit: $ 10.400.00 $ 2.000.00 $ $ $<12.400.00> page 1 of 3 $ 7597.00 $ 1461. 00 $ $ $<9058.00> 2 II Meter 5/8" Meter 12. SDWD METER FEES: a.) 3/4" Meter 1 ea b.) 1" Meter 3 ea c.) d.) e.) Capacity Credit (Refer Totals 13. SDCWA CAPACITY FEES: a.) 3/4" Meter 1 ea b.) 111 Meter 3 ea c.) d.) e.) Capacity Credit (Refer to 14. CAPACITY FEE: (FIRE) a.) 2" Fire Conn. 1 ea b.) EXHIBIT "B" 1964 Installation Capacity $ 160.00 $ 2.000.00 $ 630.00 $ 9.600.00 $ $ $ $ $ $ to No. 11 $<12.400.00> $ 790.00 $ -0- Total Meter Fees: $ 790.00 - Capacity $ 1.461.00 $ 7.014.00 $ $ $ No. 11) $<9.058.00> Total Capacity Fees: $ -0- - $ 660.00 $ Total Capacity Fee: $ 660.00 * $ 2.250.00 - 15. INSPECTION: (ESTIMATE DEPOSIT) 16. CONSERVATION OFFSET: (ESTIMATE DEPOSIT) Gallons per Day x $ 5.08 a.) b.) c.) d.) $ $ $ $ Total Conservation Offset Deposit: $ N/A 17. DEPOSITS & FEES: Engineering Fees sown Meter Fees SDCWA Capacity Fees Fire Capacity Fees Inspection Deposit Conservation Offset Deposit - $ -0- $ 790.00 ** $ -0- ** $ 660.00 $ 2.250.00 $ -0- -TOTAL ESTIMATED DEPOSITS & FEES REQUIRED: $ 3.700.00 - Page 2 of 3 EXHIBIT "BII 1965 18. **The above figures for Meter Installation and Capacity Fees are those in existence at time of entering into this "Agreement. II The actual fees that will be required are those meter fees that have been established at time of payment (Refer to Item #17 of Agreement to Improve Development - Water Facilities) . 19. 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. 20. In the event the 90-day period elapses from date of Exhibit "a", the above estimated deposits and fees must be revised and are subject to the condition of agreement with San Dieguito Water District. 2 L contractor is responsible for consumer side connection of proposed project meters. The District shall furnish consumer ball valves as part of Item 11. 22. 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. SAN DI TO WATER DISTRICT ACCEPTANCE OWNER/~ Paul and Lil.da Wl"llle ,-,..,. l.k C?c..1 ~v Laure M. Wasserman District Manager Page 3 of 3 E-B 07/01/95 1966 CALlFOR.Nlll ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of ell County of ~ 'DJE(S.o On /)- '3- )Q9s before me, personally appeared -:::S-1'9c. h ~/9.ek LAk~ NAME. TITLE OF OFFICER - E.G_. "JANE DOE, NOTARY PUBLIC. >>.enFn. ,m NAME{S)OFSIGNER(S) o personally known to me - OR - J2'I1,roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me tha~he/they executed the same in @her/their authorized capacity(ies), and that by~her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. !. ~~l1lEES I ~' ~.~ I _ _ 2,1 I WITNESS my hand and official seal. ~~~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ~DIVIDUAL CJ CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT ~/'~~t;- Till OR TYPE OF DOCUMENT TITLE(S) o PARTNER(S) o L1MITEO o GENERAL -- D ATTORNEY-iN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES ----- DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON{S) OR ENlTT'I(IES) ----- SIGNER(S) OTHER THAN NAMED ABOVE iCl1993 NATIONAL NOTARY ASSOCIATION .8236 Remmel Ave., P.O. Box 7184 . Canoga Park, CA 91309-7184 ) ) ) Wnen Recorded Mail To: ) ) District Clerk ) San Dieguito Water District ) 505 So. Vulcan Ave. ) Encinitas. CA 92024 ) NOTICE OF COMPLETION Assessor's Parcel No. 259-131-31 Agreement No. A-0020 1. Jack Porter, did on the 15th day of November, 1995, enter into an "Agreement to Improve Water Facilities" with the San Dieguito Water District recorded as File No. 1996-0042344. The Agreement detailed the requirements for the construction and installation of certain water improvements. 2. Said Agreement, including the plans and specifications for said improvements. is on file in the Office of the Clerk of the Board of Directors. 3. Said improvements were completed and accepted by the San Dieguito Water District Board of Directors on the 22nd day of May, 1994. 4. The name of the financial institution on the developer's Certificates of Deposits guaranteeing construction of said water improvements is Bank of America N.T. & S.A. 5. Certificates of Deposit: $35,460.70. 50% ($17,730.00) was released on April 15, 1996. 25% ($8,865.00) is hereby released. The remaining 25% (8865.70) shall be released at the end of the one-year warranty period. 6. All requirements of said Agreement have hereby been satisfied except for warranty. 7. Neither acceptance of said improvements by the Board of Directors nor this Notice constitutes a waiver of any defects in the work of the construction or installation of said improvements. Dated: SAN DlEGUITO WATER DISTRICT PLEASE DO Nor SIGN "EXIHDIT ONLY" Clerk of the Board f:\m.isc\notcomp.doc 5/9/96 , CITY OF ENCINITAS SAN DIEGUITO WATER DISTRICT AGENDA REPORT Meeting Date: May 22, 1996 TO: Board of Directors POR YOUR RECORDS From Ctly Clel1< VIA: Mauren M. Wassennan, District Manager bbBob Nelson, Public Works Director FROM: SDWD Engineering & Planning Department v6Victor Graves, Engineering and Planning Supervisor ,J'Bill O'Donnell, Water Utility Planner c SUBJECT: Consideration of the Acceptance of Public Water Improvements and Authorization of District Manager to File <<Notice of Completion" for Phoenix School, 910 Encinitas Boulevard, APN 259-131-31. ISSUE: Whether to accept public water improvements and authorize the District Manager to file "Notice of Completion" for Phoenix School, 910 Encinitas Boulevard, APN 259-131-31. BACKGROUND: On November 15, 1995, the San Dieguito Water District entered into an "Agreement to Improve Water Facilities" (A-0020) with Jack Porter, owner of the property at 910 Encinitas Boulevard. The Agreement detailed the requirement for the construction and installation of certain public water improvements. ANALYSIS: The water improvements were installed in accordance with District approved plans and specifications, under District inspection. District staff has no objections to filing the "Notice of Completion". A 25% retention of security will be held for one year following the Notice to cover guarantee and warranty. FISCAL AND STAFF IMP ACT: Future expenses will be incurred for maintenance of the new water improvements. Funds for maintenance are collected through the sale of water. RECOMMENDATION: Accept the public water improvements and authorize the District Manager to file ''Notice of Completion" for Phoenix School, 910 Encinitas Boulevard, APN 259- 131-31. SAN DIEGU1TO WATER DISTRICT WATER IMPROVEMENTS SECURITY OBLIGATION AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS: ? That I/we Principal, are held an rmly hound unto the San Dieguito Water District, an irrigation district, in the City ofEncinitas, County of San Diego, State ofCalifomia, in the sum of ~.It' -rlca",~J ,~I,"_~,..J :":r"OL ($ 'O@.c,,5.oo )../ in t e form of c...---\'''L~~ ~~ L:l "fo<. 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. 4M 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. ....-- t\-oo').O dated tJ"",---...I. "" is" \-''"'1.0;- a copy of which is attached hereto. to provide certain improvem"ents for the property known as "P\..o.......;... .;."-~..,:) \ and is required by said agreement to give the District a seeurity to guarantee the performance and completion of said improvements; NOW, THEREFORE, if the said Principal sball well and truly perform all the work specified in said agreement, then this obligation sball be null and void, otherwise to remain in full force and effect. In addition, this security sbalI 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 will all provisions of the ordinances and standards of the City ofEncinitas and San Dieguito Water District. IN WITNES:; WHEREOF, the said Principal has hereunto set his hand, this 3J,cf dayof J/"'''' .19 9L Principal J 9/0 -,24/J~ fi ~~ 6-4-.:1 ~~_ ,Lt< 7JJ.:W Business Address I g:\agree\secoblig.doc 12128/95 SAN DlEGUITO WATER DISTRICT WATER IMPROVEMENTS SECURITY OBLIGA nON AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS: That I/we Principal, are held anet-- hnly bound unto the San Dieguito Water District, an Imgation district, in the City of ncinitas, County. of San Diego, State of California, in the sum of f,MI~C4.<-.. ~"'soPv\..J S"t4~ I.\.J~J,-J -I'k..;.-~ ($ II.-r~o.~o ) in the form of c....."'...""o.1 ~ ~'- "Df-' i' 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. tJ~ 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-Ob1--0 . dated t-Jo~___>t.-/ IS j t"'\....c;: a copy of which is attached hereto, to provide certain improvements for the property known as ~t>..........',,,, St--k... \ 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 Pennit including any condition specifying a time limit; and further conditioned upon full compliance will all provisions of the ordinances and standards of the City ofEncinitas and San Dieguito Water District. IN WITNESS WHEREOF, the said Principal has hereunto set his hand, this .5rd' day of ,"'" . . 19 ?{. U /~ ')k~ Prinapal {'Iv CV....:::t~ &~ ;;/Ufj";j,, 5. (9 Business Address / g:\agree\secoblig.doc 12128/95 SAN DIEGlilTO WATER DISTRICT WATER IMPROVEMENTS SECURITY OBLIGATION AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS: That Vwe Principal, are held an rmly bound unto the San Dieguito Water District, an irrigation district, in the City of ncinitas, County of San Diego, State of California, in the sum of E,[t'" -rIco",~J -'j-* I.,o_".j s,.~:) .c'oc ($ -ogc"s,oo )./ In t e form of Cc--rf,+;,-~.... ..2.c- U<-f"'~L 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 ahove-named Principal has agreed pursuant to "Agreement to Improve Development-Water Facilities" No. ....--- l\-oc"}.O dated tJOII...-..\.... 15 1.,'1-S- a copy of which is attached hereto, to provide certain improvem'ents for the property known as ~.:I ~;" S,,-t...."'.:l \ and is required by said agreement to give the District a security to guarantee the performance and completion of said improvements; NOW, 1lIEREFORE, if the said Principal shall well and truly perform aU 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 Pennit including any condition specifying a time limit~ and further conditioned upon full compliance will all provisions of the ordinances and standards of the City of Encinitas and San Dieguito Water District. IN WI~SS WHEREOF, the said Principal has hereunto set his hood, this day of '<i-^' .19 '1{' . 5..&{ .~ ()~ Principal 9/0 t:'~:./;:;~ e~ t'U;...h~ c.c,. Business Address g:\agree\secoblig.doc 12128/95 CITY OF ENCINITAS SAN DIEGUlTO WATER DISTRICT AGENDA REPORT Meeting Date: November 15, 1995 TO: Board of Directors VIA: -;:::J Lauren M. Wasserman, District Manager ~ Bob Nelson, Public Works Director FROM: SDWD Engineering & Planning Department ~~Victor R. Graves, Water Engineer & Planning Supervisor SUBJECT: Adoption of Resolution 95-15 Approving Grant of Water Easements From Jane & Jack Porter, 910 Encinitas Bonlevard, APN 259-131-31. ISSUE: Whether to accept grant of water easement from Jane and Jack Porter. BACKGROUND: On August 17,1995, the City of Encinitas Planning Commission approved the phased construction of a 15,300 square foot private elementary education facility on Encinitas Boulevard. In order to comply with domestic and fire flow requirements, 714 feet of 8- inch PVC water main, along with other appurtenances, will need to be installed. ANALYSIS: The San Dieguito Water District will be entering into an "Agreement to Improve Development - Water Facilities." In order to install water lines to meet design criteria, the owner has provided the District with easements for areas not within the public right-of-way for future pipeline repair and maintenance purposes. FISCAL IMP ACT: Fiscal and staff impacts are recovered by the processing fee required for easements. RECOMMENDATION: Adopt Resolution 95-15 approving Grant of Water Easements from Jane & Jack Porter, 910 Encinitas Boulevard, APN 259-131-31. RESOLUTION NO. 95-15 RESOLUTION OF THE BOARD OF DIRECTORS OF SAN DIEGUlTO WATER DISTRICT ACCEPTING GRANT OF EASEMENT (Jack D. Porter & Jane Carolyn Porter) WHEREAS, a grant of easement to the District from Jack D. Porter and Jane Carolyn Porter has been presented to the Board, a copy of which is attached; and WHEREAS, it is in the interest of the District to accept said easement; NOW THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED by the Board of Directors of San Dieguito Water District as follows: 1. That said grant be and it is accepted. 2. That the Secretary of the District be and he is authorized and directed to record the grant on behalf of the District. PASSED AND ADOPTED at a special meeting of the Board of Directors of San Dieguito Water District held on the 15th of November, 1995, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Directors Davis, Bond, Aspell, Hano & DuVivier None None None · f:2 . ~ >-,4u c~ . John Davis, President ATfES~ o 0i'CvL, - Lauren M. Wasserman, Secretary --------- CITY OF ENCINIT AS SAN DlEGUlTO WATER DISTRICT AGENDA REPORT Meeting Date: November 15, 1995 TO: Board of Directors VIA: ~ Lauren M. Wasserman, District Manager f:jo Bob Nelson, Public Works Director FROM: "" ~ SDWD Engineering & Planning Department ~Victor R. Graves, Watee Engineer & Planning Supervisor SUBJECT: Authorization to Enter Into An "Agreement to Improve Development - Water Facilities" With Jack Porter, Owner of the Property at 910 Encinitas Boulevard, APN 259-131-31. ISSUE: Whether to enter into an Agreement with Jack Porter for water improvements required as a condition of a private elementary educational facility located on his property. BACKGROUND: On August 17, 1995, the City of Encinitas Planning Commission approved the phased construction of a 15,300 square foot private elementary educational facility on a 1.99 acre property on Encinitas Boulevard. The owner is in the process of complying with all the necessary requirements and is prepared to enter into an agreement with the District. ANALYSIS: In order to meet projected water requirements, 714 feet of new 8-inch pve water main, along with new services and appurtenances, are required to be installed to provide domestic and fire flow needs. The District's current work force is not geared to install projects of this size without creating hardships on normal operations. For this reason, the District has requested the owner to 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. FISCAL IMP ACT: The Agreement requires all services provided by the District to be paid by the owner. RECOMMENDATION: Authorize the District Manager to enter into an "Agreement to Improve Development - Water Facilities" with Jack Porter, owner of property at 910 Encinitas Boulevard, APN 259-131-31.