1996-150811
. . . . . . . . .
CITY OF ENCINITAS
~ Y SAN DIEGUITO WATER DISTRICT
~ AGENDA REPORT
Meeting Date: February 28, 1996
TO: Board of Directors
VIA: `~~;~Lauren M. Wasserman, District Manager
~ Bob Nelson, Public Works Director
FROM: SDWD Engineering & Planning Department
~'Victor Graves, Engineering and Planning Supervisor
~Villiam O'Donnell, Water Utility Planner
SUB.TECT; Authorization to Enter into an "Agreement to Improve Development - Water
Facilities° with Car Care USA and Adoption of Resolution No. 96-03
Approving a"Grant of Easement for Water Line" for the Property Located
at 350 Encinitas Boulevard, APN 258-111-12 & 13.
ISSUE: Whether to enter into an Agreement with Car Care USA for water improvements
and accept a grant of easement required as a condition of development of an auto center
located on the subject property.
BACKGROUND: On September 29, 1994, the City of Encinitas Planning Commission approved the construction of an auto center including a convenience store, gas station, full
service car wash, offices, and auto repair/service buildings on a 2.37 acre site on Encinitas
Boulevard. 'I'he 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, 698 feet of new 8-inch PVC
`?vater 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
into an agreement with the District to provide a properly licensed contractor to install water
improvements under District inspection.
1he I)istrict has been provided with the required information for this project. The owner
agrees to grant an easement for water lines, bear all costs for improvements and abide by
District rules, regulations and specifications.
FISCAI, AND STAFF IMPACT: The Agreement requires all services provided by the
District to be paid by the owner.
~
. . . . . .
- . _ .
RECOMMENDATION:
1. Authorize the District 1Vlanager to enter into an "Agreement to Improve
Development - Water Facilities" with Car Care USA, owner of the property
. at 350 Encinitas Boulevard, APN 258-111-12 & 13.
2. Adopt Resolution No. 96-03 approving the, °Grant of Easement for Water
Line".
u
. ~
, DO~ ~ '.~996
~
• 27"MAR`"'1996 02:18 PM
Recording Requested by: ) ~
San Dieguito Water District OF~. ' ICI'~
~ A~ , 1761 SA~~ azEGO COUHr~ RE~:ORDERp S OFFI~.r
When Recorded Mail To: GRF_G[!RY SNTT;iz COLh[IY zrCCIRL!ER
San Dieguito Water District F F ES° 0° 00
P. D. Box 231010 Encinitas. CA 92023-1010 ) SPACE ABOVE FOR RECORDER'S USE
AGREEMENT TO IMPROVE DEVELOPMENT - WATER FACILITIES
'AGfiEE'D1ENT `1v0. A-8022
Assessor's Parcel .
No: 258-111-12 & 13
THIS AGREEMENT is made and entered into this _2$tlfflay of Fehr»ar~T~
19 96, by and between San Dieguito Water District, hereinafter
called District, and Car Care USA
615 W E1 Norte Parkway Suite 320
Escondido, California 92026
(Name and Address)
hereinafter called Owner, for property described in Exhibit "A".
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, 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 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
"B" on file at the off ice 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 "A"
ar 11C-34" licensPd 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
water facilities in the sum of Thirty-eight thousand, four hundred
seventeen dollars and 50/100 ($38,417.50). Owner's obligation
under this Agreem (r:u extends to the comjlzGizn 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
v 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
coinmencement 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 inechanic's liens. Owner shall furnish.to District .
satisfactory proof (ordinarily in the form of a title co7ripany
°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 11B" 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 motices and pay all fees and taxes required
by law.
7o The water facilities .constructed by Owner shall be
connected by Owner to the existing taater 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 raill
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 inc"luding a list or personriel, 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
s cancel any previously approved shutdown due to the weather and/or
2
system operation c" siderations. Filin~~ -ice of Completion
shall not b.e accoi,.plishecl until the fo owing requirements have
been complied withc
a.) A11 work has been completed in accordance with the plans
and spec;ifications, 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 aonstructed, 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 includecl 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 existso Water fcor 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 sha11 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 sha11 b_e 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 improvementse The Owner shall cause the contractor to file
with the District "Certificates of Insurance1° indicating tYiat the
following coverage is in effect..
a.) An original 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.
11o Owner shall furnish to District good and sufficient
, security in the form of cash deposit, a letter of credit or other
seeurity 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 10a of the
original estimated costs of the improvements. Owner shall provide
additional security in a form satisfactory to the District, in an
3
-amount equal to j'"',00% of the total estin' :ed cost of the
improvements, as cr.anged, altered or amended; 'this, amount may be 1764
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
Pdgreement o
14e Owner shalla and hereby does guarantee all work for a
period of one year after date of filing of a Notice of CompTetion
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 correct-ion 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 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 installatian and capacity,
are established from time to time by the Board of Directors of San
Dieguito 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 a11 water fees
have been received.
18o. Owner agrees to install water facilities as called for on ,
signed improvement plans. Encinitas Auto Center, Project No.
4
' MUP 9 3 -17 5 1765 IN-WITNESS WHEREOF, the parties have caused this Agreement to be
executed the day first above writtene
eA6 C~-aE v5~-
SAN DIEGUITO WATER DISTRICT OWNER/DEVELOPER
Lauren Mo Wasserman
DistriGt Manager
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ~~tlilmrllz,-4~ 1766
d n
County of
On ~"20 IU 0 226 before me, _L)ilyoA c~°a~/Lj~) CJIr,
ate Name and Title ot Officer (e.g., "Jane Doe, Notary Public")
personally appeared ,~YICTI-/l)"_~~ F.
,
Name(s) of Signer(s)
❑ personally known to me - OR -0 omved to me on the basis of satisfactory evidence to be the person(s)
~ whose name( s/a;e subscribe o the within instrument
~ and ack~n Iedged to me the(f he/s ; e/they executed the
• Randa G. Milljou same r~his/ ~er/their authorize capacity(ies), and that by
!rthe ~eir signature(s) on the instrument the person(s),
comm. #1038151 6
NOTARY PUBLIC•CALIFORNIA a
4 entity upon behalf of which the person(s) acted,
BAN tlIEOO COUNTY
_ f
My Comm. Exp Jan. 6,19s9 ~ executed the instrument.
~
WITNESS my hand and official seal.
Ignature of Notar blic
OPT/ONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reaftachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner - ❑ Limited ❑ General ❑ Partner - El Limited ❑ General
❑ Attorney-i n- Fact ❑ Attorney-in-Fact
Ll Trustee ❑ Trustee
❑ Guardian or Conservator . ❑ Guardian or Conservator .
❑ Other: Top of thumb here ❑ Othgr: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reortler: Call To11-Free 1-800-876-6627
(
i ,
EXHIBIT "A"
OWNERSHIP 1767
LEGAL DESCRIPTION
PARCEL A.
That portion of land situar.ed in thc West Onc IlalE of thc Northeast QuarCer of
the Noxthwest Quartcr ot Section 15, Township 13 South, Range 4 West, San
Bernardi.na Base and- Meridian, accorclin}; to OfficiaZ P1_a!' t4.e!-eof,- describcd as
follows•
Beginning at the North Quarter corcicr of said Section LS, Township 13 South,
Rangc 4 West, San Bernardi'no IIasc and Meridian, running thence North 89°49'30"
West 675.31 feet to a point; said poiiit bcing the Northeast corner of said West
One Ilalf of the Northeast Quartcr; thencc South'1°35'15" West 534.22 feet along
the Easterly boundary of said West One llalf to a point, said point bcing the
TKUG POINT OE BEGINNING.
Thence continuing 5outh 1°34'15° West along said Casterly line 545 feet more or
less to the Northeasterly line of land described in Deed to tlie County of San
Diego, recorded August 10, 1967 ac rile No. 119393 ot Official Records; thence
Northwestcrly along said NorCheasterly Linc 171 feet morc or less to ttie
Westerly line of land described in Deed to Dennis W. Cavanaugh, eC ux, recorded
July 7, 1965 as -Filc No. 120859 of OE E icial Reco rds; thence alo ng sa id Wes te rly
line North 5°38'20" Last 455 feet more or less to the Nortiiwest corncr of said
land; thence along the No,rth line thereof 114.25 feet to the TRUE POINT OF
IIW INN ING . .
PARCELB :
That portlon of land situatcd in the West HaZf of the Northeast Quarter of the
Northwest Quarter of Section 15, Township 13 South, Range 4 West, San Uernardino
Base and Meridian, accordingto Official Plat thereof, described as follows:
Beginning at the North Quarter corner of said Section 15, Township 13 South, ,
Rangc 4 West, San Dcrnardino Iiase and Mcridian, running thence North 89°49'30"
West, 673.31 fecC to a polnt, said point bcing the Northeast corner of said West
Half of the Northeast Quarter of Che Northwest Quarter; thence South 01°34'15"
West, 534.22 feet along the Gastexly boundary'of said West t(alf to',a point, said
point being designated: as Point "A"; thence continuing South 01°34'15" West
along said Easterly line, 574.54 feet, more ox less, to an intersection with the
Northcasterly line of County Road Survey No. 458, as shown on Map on file in the
Office oE ehc County Surve'yor of said San Uie;go County; thence along said right
of way, Nortli 52°58'30" West, 25.08 Eeet; thence Northwesterly along a curve
concave to the Souttiwese havinb a cent"rul angle of 19°50' and a radius of 725.00
fcet, a distancc of 146.96 fceL to the TKUG POINT 0V I3[:CINNINC; thence
Northwesterly along said curve, a dlstance oE 104.U0 feet; thence North
12°48'3U" West, 50.38 feet; thence Nortli 20°41'45" East 452.67 feeC; rhence
North 87°11'45" East, 32.22 feet to a point whicli bears Soutti 87°11'45" West,
114.25 fcet from thc aforcinenCioned point deslgnated as Point "A"; thence South
05°38' 2'0" Wesc, 479.97 fece, more or less, to Che TItUE POINT OF BGC INNING .
Excepting the portion conveyed to the County of San Diego by.Deed :recorded
Augusc lU, 1967 as Cilc No. 119392 of 0ificial Records.
. , Page 1 of 1
l ~
EXHIBIT "Bn ~ 768
Project Name: Encinitas Auto Center Car Care USA 350, Saxonv Rd.
Date:
lo 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 tail:l be installed prior to the acceptance by
the District ofe (a.) Good and Sufficient Security (b.)
Certificate of Insurance.
4a 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/constructione
5. beveloper to provide for compaction testing per requirements
of San Dieguito Water District:
6. Developer to provide for construction staking and
surveying for the proposecl water facilities.
7, Car Care USA to install
Developer/Owner's Name the water facilities listed in
Paragraph 80
8o IN5TALLATIONS:
a.) 811 PVC Water Main 697.5 Lf $ 20e925.00
b.) 8" Gate Valve 2 ea $ 1,660.00
c.) 6" Fire Hvdrant 2 ea $ 5,460.00
d.) 1.5" Commercial SVC 2 ea $ 1,200.00
eo), 2" Blow Off 1 ea $ 750.00
f.) 1" Air Release 1 ea $ 600.00
g.) Connect to exist W.L. 2 ea $ 2,000.00
h.) Epoxv CTD tapp. valve 1 ea $ 830.00.
i.) 4" Fire 5prinkler Con.1 ea $ 1,500.00
j.) 10% Contingency $ 34492.50
Tota1 Estimate: $ 38,417.50
9. IMPROVEMENT SECURITY:
a.) Improvement of Security, 100% $ 38,417.50
l0a MISCELLANEOUS COSTS: Processing of Easement • $ 100.00
11a CAPACITY CREDIT: (OFFSETS NEW CAPACITY FEES ONLY)
Account Number SDWD SDCWA SIZE
ao) 0855571010 $ 10,400.00 $ 7,597.00 210 meter
b.) 0855575010 $ 2,000.00 $ 1,461.00 518" meter
Total Capacity Credit: $<12,400.00> 9,058.00>
Page 1 of 3
. 1769 EXHIBIT "B"
12e SDWD IKETER FEES: Installation Capacitv
a.) 1.5" Meters 2 ea $ 780.00 $ 12,000.00
b.) $ $
e.) $ $
d.) $ $
ee) $ $
Capacity Credit (Refer to No. 11 $<12,400.00>
Totals $ 780.00 $ 0
Total Meter FC.es: $ 780o00*
13s SDCWA CAPACITY FEES. Capacitv
aa) 1.5" Meters 2 ea $ 8,766000
b.) $
c.) $
d.) $
e.) $
Capacity Credit (Refer to No. 11) 9,058.00>
Total Capacity Fees: $ 0 * 14s CAPACITY FEE; (FIRE) a.) 4" Fire Connect. $ 1,265.00
b.) $
Total Capacity Fee:_ $ 1,265000*
15. INSPECTION: (ESTIMATE DEPOSIT) ' $ 2,220.62*
16. CONSERVATION OFFSET: (ESTIMATE DEPOSIT)
Gallons per Day x$ 5.08
a.) $
b.) $ _
C.) $
cl . ) $
Total Conservation Offset Deposit: $ NJA *
17e DEPOSITS & FEES:
Miscellaneous Fees $ 100.00
SDWD Meter Fees $ 780.00**
SDCWA Capacity Fees $ 0**
Fire Capacity Fees $ 1,265.00
Inspection Deposit $ 2,220.62
Conservation Offset Deposit $ N/A
*TOTAL ESTIMATED DEPOSITS & FEES REQUIREDe $ 4,365.62*
Page 2 of 3
;.I 77p
EXHIBIT "g"
18. **The above figures for Meter Installation and Capacity Fees
are those in existence at time of entering into this
"Agreement." 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
"B", the above estimated deposits and fees must be revised and
are subject to the condition of agreement with San Dieguito
Water District.
21. Contractor is responsible for consumer side connection of
proposed project meters. The District shall furnish consumer
ball valves as part of Item 110
22. Easements, in the form used by the District, for the new water
facilities wi11 be executed by the developer and be recorded
prior to the water facility installation/ construction and
filing of the subdivision mapo
ACCEPTANCE
~
SAN UITO WATER DISTRICT OW D ELO E
Lauren M. Wasserman
District Nlanager
Page 3 of 3
E-B 07/O1/95
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ~~1~C,C~i✓ 1 771
County of
pn / ~ ~ before me, lI ~iilJA ~ . /~~l` /.a,%C~ C) 7i~q,~L)~jL/,<
ate ~ Name antl Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared ly.~elk)L,46 ~ 6r-' 04.5 ,
Name(s) of Signer(s)
❑ personally known to me - OR oved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) s/ 6 subscribed to the within instrument
and acknowledged to me th he/ he/they executed the
same i is/ er/their authorized capacity(ies), and that by
is 'er/t eir signature(s) on the instrument the person(s),
Randa G. Milljnur
' comm. #1033151 6 or the entity upon behalf of which the person(s) acted,
NOTARYPUBLIC-CALIFQRNIA ~ executed the instrument.
8AN [NEOb COUNTY :
My Comm: Exp Jen. 6,1999
WI7NESS my hand and official seaL
C~---
Signature of Not Public
OPT/ONAL :
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
0 Trustee ❑ Trustee
❑ Guardian or Conservator . ❑ Guardian or Conservator
❑ Other: Top or mumb nere ❑ Other: Top of tr;umb nere
5igner Is Representing: Signer Is Representing:
0 1994 Nalional Notary Associetion • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toll•Free 1-800-878-6627