1996-361000
~
- SAN DIEGUITO WATER DISTRI~_,
WATER IMPROVEMENTS SECURITY OBLIGATION AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
That I/we Carltas Companv a California limited partnership ,
Principal, are held and firmly bound unto tlie San Dieguito Water District, an irrigation
district, in the City of Encinitas, County of San.Diego, State of California, in the sum of
One million three hundred seventeen thousand two hundred sixtv five dollars ($1 317 265)
in the form of Subdivision Bond No. 148 54 63 in the amount of. $810 910,00 = CFD in the amount of $506.355 and a additional 50% Labor and Material Pavment Bond No 148 54 63 in the amount of $405 455 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-0024,
dated Julv 17. 1996 a copy of which is '
attached hereto, to provide certain improvements for the property known as Tract
Number 94-066 Encinitas Ranch Units 4 5& 6
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 af 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 of Encinitas and San Dieguito Water District.
IN WITNESS WHEREOF, the said Principal has hereunto set his hand, this
day of v14 19 9~ .
PRINCIPAL:
Carltas Company, a California limited partnership
By; Carltas Management, a California corporation,
as its general partner
Pri a5C,/
o ,
' ; President
S"/, fY1 A14-f? i4A- f JC r,t/~r5 ~/D ~
,
Business Address
g:\agree\secoblig. doc
8/ 16/96
. ~/a~ . .
CITY OF ENCINITAS
SAN DIEGUITO WATER DISTRICT
A,GENDA REPORT
w'Meeting Date: July 17,1996
TO: Board of Directors
VIA: Lauren M. Wasserman, District Manager
Bob Nelson, Public Works Director
FROM: SDWD Engineer & Plauning Deparhnent
Victor R. Graves, Water Engineer & Planning Supervisor
SUBJECT: Authorization to Enter Into an "Agreement to Improve Development - Water Facilities"
with Carltas Company, a California Limited Parinership, for TM 94-066, Encinitas Ranch, Units 4, 5;
& 6 and Accept the Grant of Easements as part of the Fina1 Map.
ISSUE: Wliether to enter into an Agreement with Carltas Company for water improvements on
Encinitas Ranch Units 4, 5, & 6, TM 94-066.
BACKGROiTND: On March 18, 1996, the City of Encinitas Planning Commissiori approved a
Design Review Permit for the Construction of an 18-hole championship golf course within the
Encinitas Ranch Specific Plan area. The owner is in the process of complying with a11 the necessary
requirements and is prepared to enter into an agreement with the District.
ANALYSIS: In order to meet projected water requirements, approximately 11,440 feet of new
water pipelines of various sizes, along with new water services, valves, fire, hydrants and
appurtenances, are required to be installed to provide domestic and fire flow needs.
The District's current wark force is not gearecl to install projects of this size. For this reason, the -
District has requested the owner to enter into an agreement with the District to provide a properly
licensed contractor to mstall water improvements under District Inspection.
c
The District has been provided with the required information for this project. The owner agrees to bear
all costs for improvements, provide necessary easements and abide by District rules, regulations and
specifications.
FISCAL & STAFF IMPACT: The Agreement requires all services provided by the district to
be paid by the owner. , RECOMMENDATION: Autharize the District Manager to enter into an "Agreement to Improve
. Development - Water Facilities" with Carltas Company, a California Limited Partnership, for TM 94-
066, Encinitas Ranch Units 4, 5, & 6 and accept the grant of easements as part of the Final Map.
1996-0361000
. ~~)L-1996 12m02 Pri
OFFICIAt RECORD5
Recording requested by: SAN DIEGO CQf1NTY kECOkbER'S DFFIGE
San Dieguito Water District GREGQ~'Y S~iITH s GOIINI'Y CECORDER
FEES: 0.00
And when recorded mail to: J979 .
San Dieguito Water District ,
P O Box 231010 .
Encinitas, CA 920234010
AGREEVIENT TO IMFROVE DEVELOPMENT - WATER FACILITIES
,
AGREEMENT NO. A-0024
THIS AGREEMENT is made and entered into this 17 day of July, 1996 and between San Dieguito
Water District, hereinafter called District, and Carltas Company, a CaliFornia Limited Partnership,
hereinafter called Owner.
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, on or beiore Rebruaily 28, 1998, to perform and complete in a good
workmanlike inanner, according to the pians attached'hereto and made a part of thfs Agreement, and in
accordance with other special condition$ noted in District Exhibit "B" 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 "A" 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 approv,ed and accepted in writing by the District. The
estimated cost of said water facilities in the sum of One million three hundred seventeen thousand two
hundred sixtv five dollars and forty cents (4'~1 317 265 40) 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 cosf 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. Distriet shall be notified a minimum, of 48 hours
9 8 p
prior to the commencement of construction. After completion of the facilities in accordance with the
approved plans and specifications, and not (ess 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 opeeated by
District, if accepted by District. District will not file a Notice of Completion unless the property
benefited by the facilities is free of inechanic'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 Forn1 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 result from full flow fire hydrant ttsting or from failure of District'.s water facilities:
The developer and/or contractnr 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 D'tstrict 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,
al( gate wells have been set flush with the street surface, and meter boxes set to finish grade;
b.) A set of original' plans (Mylar 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 e.stimated cost of water facilities and
G: IAgreelagcr/tsl.doc 2
, . 1981
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. [ndemnification, Hold Harmless and Insurance.
a.) Owner agrees to -indemnify and hold District and District's officers,
officials, employees and agents harmless from, and against any and all liabilities, claims,
demands, causes of action, losses, damages and costs, including all costs of defense thereof,
arising out of, or in any manner connected directly or indirectly with, any acts or omissions of
Owner or Owner's agents, employees, subcontractors, officials, officers or representatives
concerning the water facilities.
b.) Owner's obligations herein include, without limitation:
- (1) Loss or damage happening to the work or improvements prior to the
acceptance of the water facilities by District;
(2) Alleged _defects in the plans, specifications and design of the
improvements; but does not extend to liabilities, claims, demands, causes of action, losses,
damages or costs that arise out of a defect in the plans, specifications or design that is a result of
a change required by District to the Owner's proposed plans, specifications or design so long as
such change is objected to, in writing, by the Owner, and the writing is filed with the District's
Engineer more than ten days prior to the commencement of work; and
(3) Alleged defects in the construction of the improvements; alleged
defects in the materials furnished in the construction of the improvements; alleged injury to
persons or property; alleged inverse condernnation of property as a consequence of the design,
construction, or maintenance of the work or the improvements; and any accident, loss or
damage to the work or the improvements prior to the acceptance of same by District.
- c. Upon demand, Ovmer shall, at is own expense, defend District and District's
officers, officials, employees and agents, from and against any and all such liabilities, claims,
demands, causes of action, losses, damages and costs.
d. By approving the improvement plans, specifications and design; by inspecting
or approving the improvements; or by accepting the public improvements, District shall not
have waived the protections afforded herein to District and District's officers, officials,
employees and agents or diminished the obligation of Owner who shall remain obligated in the
same degree to indemnify and hold Districf and District's officers, officials, employees and •
agents, harmless as provided above. e. Owner's obligation herein does not extend to liabilities, claims, demands,
causes of action, losses, damages or costs that arise out of District's intentional wrongful acts, .
District's violations of law, or District's sole active negligence.
G: IAgreelagerltsl.doc 3
, , , ~ . 198z
f. Insurance. The owner shall obtain and maintain a po(icy of motor vehicle
liability, public liability, general liability and property damage insurance from an insurance
company approved by District and authorized to do business in the State of California, in an
insurable amount of not less than one million dollars ($1,000.000.00) for each occurrence.
(1) The insurance policy shall provide that the policy shall remain in force
during the life of this Agreement and shall not be canceled, terminated, or allowed to expire
without thiriy days prior written notice to District from the insurance Company.
(2) District shall be named as an additional insured on Owner's policies.
(3) Owner shall furnish certificates of said insurance to District prior to
commencement of work under this Agreement.
- 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, CFD Bond or other set aside satisfactory 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 gven 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
perforniance 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. , G: IAgreelagcrltsl.doc 4 ,
~1983 Owner shall notify District upon completion of repairs. In the event of an emergency, before the
project is accepted, if District can not contact Owner in time to make effective emergency repairs, then
District may make the repairs and Owner agrees to reimburse District for the actual costs reasonably 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 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 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.
18. Owner agrees to install water facilities as called for on signed improvement plans.
Tract Number 94-066
Encinitas Ranch
Units IV, V & VI
G: IAgreelagcrlts2.doc 5
( (
1984
[N WITNESS WHEREOF, the parties have caused this Agreement to be executed the day first above
written.
OWNER
Carltas Company, A California Limited Partnership, as Owner,
By: Carltas Manage , a California corporation
Its: Gene 1 P tne
By:
By: e nt
711?~P Date
Name:
(Notari a' e i res to be a ched)
DISTRICT
By:
L en M. Wasserman Date
District Manager
(Notarization not Required) ~
G: IAgreelagcrlrs2.doc 6
. ~ - . :1985 EXHIBIT "A"
LEGAL DESCRIPTION
SUBDIVISION: CITY OF ENCINITAS TRACT NO. 94-066, LTNITS 4, 5& 6
The map hereinbefore referred to is a subdivision of:
Being a subdivision of a portion of the Southwest Quarter of Section 2, the East Half of Section 3,
the East Half of Section 10 and the West Ha1f of Section 22, all of township 13 South, Range 4
West, San Bernardino Base and Meridian, in the County of San Diego, State of California,
according to the United States Goverment Survey dated April 19, 1881:
l _
G: IAgreelagcrlts2.doc 7
EXHIBIT "B" TO
AGREEMENT TO IMPROVE
DEVELOPMENT - WATER FACILITIES
AGREEMENT NO. A-0024
Name of Owner/Developer: Carltas Coml2any, a California Limited Partnership
Tract of Parcel Map Number: TM-94-066
Project Name: Encinitas Ranch, Units IV. V& VI
Date: June 26, 1996
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 o£ (a.) Good and Sufficient
Security (b.) Certificate of Insurance (c.) Payment of all Deposits and Fees.
4. Improvement plans shall not be signed as approved by the District, prior to the stipulations spelled
out in Paragraphs 1 through 4, with the exception of fees and deposits designated by the asterisk
which are required prior to installation/construction.
5. Developer to provide for compaction testing per requirements of San Dieguito Water District.
6. Developer to provide for construction staking and surveying for the proposed water facilities.
7. Carltas Companv to install the water facilities listed in Paragraph 8. "
Developer/Owner's Name
r
G.• IAgree l agcrlts2. doc 8
1987
8. INSTALLATIONS:
a.) 20" Water line 2499 .F $ 174,930.00
b.)1C" Water line 10124 i.F $ 607.440.00
c,) ,12" Water line 73 i F $ 1139.00
d.)20" Valve Assemblv 1 ea ~ 3.475.00
e.)16" Valve Assemblv 14 ea $ 45,500.00
f.)10" Valve Assembly 1 ea $ 1,050.00 g.1_ 3" Air Release Valve 2 ea $ 7.400.00
h:) 2" Air Release Valve 7 ea $ 17,780.00
i.) 2" Blow Off Assembly 4 ea $ 3,000.00
j.) Join exis ing line 1 ea 300.00
k.)16Y° Fianged'Tees 6 ea $ 2.100.00
1,)End Caps 3 ea ~ 300.00
m.)16" - 90 Bend 5 ea $ 1,250,00 `
n.)20" - 90° Bends 3 ea ~ 1.000.00
o.) 16"x10"x16" Tee lea ~ 350.00
p.)16"x12"xl6" Tee 1 ea $ 350.00
q.)16"x8"x16" Tee 1 ea ~ 350.00
r.)16" - 11 1/4° Bends 1 ea $ 250.00
s.) 16" - 22 1/2° Bends 2 ea 500.00
t.) 16" - 45 ° Bends 2 ea $ 500.00
u.)Thrust Blocks 25 ea $ 3,125.00
v.)Fire Hydrant Assembly 12 ea $ 30,240.00
w.)1" Service and Meter 3 ea $ 4.500.00
x.)2"Service and Meter 3 ea $ 9,000.00
y.)2" TemF. Service 3 ea $ 9,000.00
z.)Join existing A.R.V. 1 ea $ 300.00
aa.) 12" Valve Assemblv 2 ea $ 2.760.00
bb.)20" Steel Waterline ...684 LF $ 116,280.00
cc.)20" Tees 2 ea $ 700.00
dd.) 16" Tees 3 e~ $ 1,050.00 ,
ee.)39" RCP 671 LF $ 137.555.00 )
ff.)Cleanout (Ty,pe A4) 1 ea $ 3,610.00
gg.)Tempo rarv inlet 1 ea $ 3,280.00
hh.)PiFe Collar 1 ea $ 650.00
ii.)Interconnect 1 ea $ 4.500.00
SUBTOTAL $ 1.197514.00
jj.)141o Contingencv $ 119,751.40
Total Estimate: $ 1,317-265.40
9. IMPROVEMENT SECURITY:
a.) Improvement of Security, 100% $ 1,317,265.40
G: IAgreelagcrlts2.doc 9
1 % .
1
1988
10. ENGINEERING DEPOSIT:
P(an Checking Servicec (Additional Plan Check Depoci R q it~ red) ~ 5.000.00 *
11. CAPACITY CREDIT: (OFFSETS NEW CAPACIT'Y FEES ONLY)
Account Number - SDCWA
a) $ $ b.) $ $
Total Capacity Credit N/A ' N/A >
12. SDWD METER FEES: Installation Capacitv
a.) $ $
b.) $ $
Capacity Credit (Refer to No. 11) N/A >
- Totals $ N/A $ N/A
Total Meter Fees $ N/A
13. SDCWA CAPACITY FEES: CaacitX
a.) $
b.) . $
Capacity Gredit (Refer to No. 11) N/A >
Total Capacity Fees: $ N/A.
14. CAPACITY FEE: (FIRE)
a.) $1,265.00 ea $ ~
b,) $1,26500 ea $
Total Capacity Fees $ N/A
~
~
15. INSPECTION:-(ESTIMATE DEPOSIT) $ 22,020.00 *
16. DEPOSITS & FEES:
Engineering Deposit $ 5-000.00 *
SDWD Meter Fees $ N/A
SDCWA Capacity Fees $ N/A
' Fire Capacity Fees $ N/A
Inspection Deposit $ 22A20,00 *
*TOTAL ESTIMAT'ED DEPOSITS & FEES REQUIRED: $ 27,020.00*
,
G: IAgreelagcrlts2.doc 10
( •
` - _ :1989
17. Meter installation and capacity fees have not been paid for or included as part of this
Agreement. App(ication for service will be provided once an applicant has complied with all '
the District Requirements and paid all fees. The actual fees that will be required are those meter
fees that have been established at time of payment.
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.
19. 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.
20. Contractor is responsible for consumer side connection of proposed project meters. The
District shall furnish consumer ball valves as part of Item 12.
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 OWNER/DEVELOPER
Carltas CompanY► a California limited
Lauren M. Wasserman, partnership
District Manager By: Carltas Management, a California
corporation
Its: Gen al a n
: By:
C r' er alkins,~'President
7
G: IAgreelagcrlul.doc 1 1
. ~ %
CALIFOR~NIA ALL-PURPO:,"~c ACKNOWLEDGMENT `
State of r-C) ' ,&.1 r(9 .1990
County of l7lC:: 6 e
On _(_~U/y before me, 1/11166111f,A s66CW0Z, ,Jo Pu,~~(c_ ,
Date Name and Title of Officer (e:g., "Jane Doe, Noiary ublic")
personally appeared 11 rts ~c► r~,~e_,~- ~c~ ~ s,
f Name(s) of Signer(s)
Y$ersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person*
whose name, is are subscribed to the within instrument
and ackn wledged to me that~gshe/they executed the
same in is her/their authorized capaci#y(W, and that by
BECKNER his/her/their signature,W on the instrument the person(sl,
Comn*dcn#1W698D or the entity upon behalf of which the person(.a) acted,
~ NbtaryPublb-CartlDMW ~ executed the instrument.
MVc0nWL8%*"NW6`'" WITNESS my hand and official seal.
_ , . ~ ~
Signature of Notary Public
OPT/ONAL
Though the information below is not required by law, it may prove valuable to persons relying on tlie document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: e`IV ~e v~ (D rn~•~-~ ~~t-~ ~ tr Qs
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-i n- Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator . ❑ Guardian or Conservator .
❑ Other: Top of thumb here ❑ Othgr: Top of thumb here
Signer Is Representing: Signer Is Representing:
OO 1994 National Notary Assoclation • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call To11-Free 1-800-876-6827