1997-150839
' CITY OF ENCINITAS
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
Meeting Date: December 18, 1996
TO: Board of Directors
VIA: Aauren M. Wasserman, District Manager FOR yOUR RECORDS
~ob Nelson, Public Works Director Ffprn GitY Clerk
FROM: SDWD Engineering & Planning Department
~-~Victor Graves, Engineer and Planning Supervisor `
„Ai110'Donnell, Water Utility Planner
SUBJECT: Authorization to Enter into an "Agreement to Improve Development - Water
Facilities" with Ronald G. Suiruners and Carolyn L. Surruners, Trustees of the
Summers Family Trust Dated February 4, 1986, for the Property Located at the
South End ofHickoryhill Drive, APN 259-560-75 to 78.
ISSUE: Whether to enter into an Agreement with Ronald G. Surruners and Carolyn L.
Surruners, Trustees of the Sulnmer Family Trust Dated February 4, 1986, for water improvements .
related to a parcel map.
BAGKGROiJND: On February 9, 1989, Parcel Map No. 15564 creating four parcels at the
south end of Hickoryhill Drive was filed with tke County Recorder's Office. 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 the water requirements of the project, 88 linear feet of 8" PVC
water main, along with new services and appurtenances, are required to be installed to provide
domestic and fire flow needs.
The District's current worlc force is not geared to install projects of this size without creating
hardships on normal operations. For this reason, the District has requested that fhe 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 the required information for this project. The owner agrees to bear
. all costs for improvements and abide by District rules, regulations and specifications.
FISCAL AND STAFF IMPACT: The Agreement requires all services provided by the District
, to be paid by the owner. Future District expenses will be incurred for the maintenance of the new
water improvements once they are accepted by the District. Funds"for maintenance are collected
through the sale of water.
RECOMMENDATION: Authorize the District Manager to enter into an "Agreement to
Improve Development - Water Facilities" with Ronald G. Sulnmers and Carolyn L. Summers,
Trustees of the Summers Family Trust Dated February 4, 1986, for the property located at the south
end of Hickoryhill Drive, APN 259-560-75 to 78.
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1997-°0150839
r~ 02-APR--1997 02:30 PM
OFFICxAL RECORDS,
SRH DIEtiO Cal1NTY REGORDER'r. OFFIrE
Recording Requested By: ~REGORY SMITH, GOUNTY RECORDEC
~'a 15, p~ ~EEStl
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San Dieguito Water District ) AF~ 2(l.0/~/4~ `
. . . ~ ~~0 #i VSF . .
When Recorded Mail to' )
San Dieguito Water District )
P.O. Box 231010 )
Encinitas. CA 92023-1010
APN No. 259-560-75 to 78
AGREEMENT TO IlVIPROVE DEVELOPMENT - WATER FACILITIES
AGREEMENT NO. A-0025
THIS AGREEMENT is made and entered into this 18 day of December. 1996 , by and
between San Dieguito Water District, hereinafter called District, and R 0 N A L D G. S U M M F R S and CORPILYN L. SUMMERS, TR.USTEES OF THE SUMMERS FAMILY TRUST
DATED FEBRUARY 4, 1986. Mailinq Address; 633 Glencrest
Place, Solana Beach, California 92075
(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 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 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 "B" on file at the office of District an any other
plans or specifications referred to in this Agreement, the following subdivision impravements;
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
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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 approved and accepted in writing by
the District. The estimated cost of said water facilities in the sum of Five thousand six
hundred and twenty one dollars and no\100** ($5 621 OO). 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"Notice of Completion" by District; the facilities shall
be considered as donated to District and sha11 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 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 sha11 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 F;ngineer 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 sha11 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 a11 necessary pernuts and lic.enses 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 sha11 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
g:/SDWD/Eng/Forms/Agredev. doc
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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 (Mylar prints), corrected to conform with the work as
constructed, has been submitted to the District.
8. The water facilities sha11 be operated by District in accordance with the rules
and regulations of the District. Meter costs are not included in the estiinated cost of water
facilities and sha11 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 sha11 any officer or employee of District be liable or
responsible for any accident, loss or damage happening ar 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 orig-in 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.
g:/SD WD/Eng/Forms/Agredev. doc
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, 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 150%
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 sha11 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 byDistrict
• and shall in no way affect the validity of this Agreement or release the improvement seeurity
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 Nqtice of Completion by District, and sha11 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 workmanslup 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 rnake 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 elects to repair the
defeetive 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 eash
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
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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 the updated signed
improvement plans, "Hickoryhill Drive" TPM 18628.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day first
above written.
SAN I7IEGUI'TO WATER DISTRICT OWNER/DEVELOPER
mot evs J'.0.-V.~ i"t~'~tr~~ ~/~/4
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Certificate Of Acknowledgment
State of California SAN DIEGO Y '
County of )
NOVEMBER 22 1996 MARY V LAUDERDALE
On ' before me, , a Notary Public for the
State of Califomia, personally appeared RONALD G SUMMERS AND CORALYN L SUNIMERS
personally known to me (or proved me on the basis of sati~factory ; ence) to be the person(s) whose name(s a. ~scribed to the within instrument and
acknowledged to me tha~/ heyNxecuted the same inl,I heir uthorized capacity(ies), and that bytheiignature(s) on the instrument the
person(s), o~he entity upon behal o~ich the person(s) acted, executed the instrument. (Seal
WITNES$ c~y h d nd officia eal.
Signaturev t \ . ]MARY V. LAUC?ERD4LE
~OWA
tv~~r~~v ~u~ii ~-~a iFO~NiA
~n~ ~o~nMi~ io Q X~i~Ea ~
OC'i'UBER 17, 1997
THIS CERTIFICATE IS ATTACHED TQ: "AGREEMENT T0 IMPROVE DEVELOPMENT-WATER FACILITIES
AGREEMENT N0. A-0025"
FORM 00211 (Rev. 6/94)
%
( 1 000
EXHIBIT A
LEGAL DESCRIl'TION OF PROPERTY
Parcels 1 through 4 of Parcel 1VIap No. 15564, in the County of San Diego, filed February 9, 1989
as F/P No. 89-070582.
ExIMrr «B„ 1 Q ~ y
Project Name: Hickoryhill Drive T P M 18628
Date: December 18; 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 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 iri
Paragraphs 1 through 4; with the exception of fees and deposits designated by the asterisk which are
required pri.or 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, H i c k o r y h i 11 L t d./ S u m m e r s to install the water facilities listed in Paragraph 8.
, Developer/Owner's Name
8. INSTALLATIONS: ,
a.) 8" PVC Water Main 88 LF $ 2,200.00
b.) 2" Blow offAssy. 1 ea $ 670.00
c.) 1" Water Service 4 ea $ 2.240.00
d.) $ ,
e.l $
f.) $
h.) 10% Contingencv $ 511.00
Tota1 Estunate: $ 5,612.00
9. IMPROVEMENT SECURITY:
a.) Improvement of Security, 100% $ 5.612.00
10. ENGINEERING COSTS:
$ N\A
11. CAPACITY CREDIT: (OFFSETS NEW CAPACITY FEES ONLY)
Account Number SDWD SDCWA
a.) $ $
b.) $ $
- c.) $ $
a.) $ $
Total Capacity Credit: N\A N\A >
g:\agree
Exhbtb.doc 11/20/96
I,
EXHIBIT 4B99
12. SDWD METER FEES: Installation CapacitX
al $ $
b) $ $
c) $ $
a) $ $
Capacity Credit (Refer to No11) N\A >
Totals $ $
Tota1 Meter Fees: $ N\A *
13. SDCWA CAPACITY FEES: Ca aci
a) $
b) $
c) $
d) $
Capacity Credit (Refer to No. 11) >
Total Capacity Fees: $ N\A *
14. CAPACITY FEE: (FIRE)
a) $
b) $
Total Capacity Fees: $ N\A *
15. INSPECTION: (ESTIMATE DEPOSIT) $ 654.00 *
16. CONSERVATION OFFSET: (ESTIMATE DEPOSIT)
Gallons per day x$ 5.08
al $
b) $ "
Total Conservation Offsetbeposit: $ N/A *
17. DEPOSITS & FEES:
Engineering Fees $ N\A
SDWD Meter Fees $ N\A * *
SDCWA Capacity Fees $ N\A
Fire Capacity Fees $ N\A
Inspection Deposit $ 654.00
Conseivation Offset Deposit $ N/A
*TOTAL ESTIMATED DEPOSITS & FEES REQUIRED $ 654.00 *
g:\agree
Exhbtb.doc 11/20/96
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EXHIBrr "B„ 1 003
18. **Meter installation and capacity fees have not been paid for or included as part of this Agreement.
Application 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 (Refer to Item # 17 of Agreement to Improve Development - Water
Facilities).
19. F'ees and deposits indicated in paragraphs 12 though 17; to be paid by Owner/Developer prior to
beginning installation/construction.
~
20. 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.
21. 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.
22. Contractor is responsible for consumer side connection of proposed project meters. The District shall
furnish consumer ball valves as part of Item 12.
23. 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 DIEG TO WATER DISTRICT OWNER/D VELOPER Lauren M. Wasserman,
District Manager
g:\agree Exhbtb.doc 11/20/96
i
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Certificate Of Acknowledgment
State of California
County of SAN DIEGO ~
On NOVEMBER 22, 1996 before me, MARY V'LAUDERDALE , a Notary Public for the
State of California, personally appeared RONALD G SUMMERS AND CORALYN L SUMMERS
personally known to me (or proved me on the basis of satisfactory e ence) to be the person(s) whose name(s are ubscribed to the within instrument and
acknowledged to me that l~e/s the~xecuted the same in 5 thei . uthorized capacity(ies), and that by P~WFV heir ignature(s) on the instrument the
person(s), orthe entity upon beha hich the person(s) acted, executed the instrument '
WITNESS y an andoffici eal •-q
lY
Signature
W~~~
R~AR'~ W-. LI~UGERDALE MY 0
~OW.#1007163 ~
1441'r113Y f'UB LIGCALIFORNIA
Sl~~~ L7iEG6 GOUNIY . .
~ M`v' GC7MMla:a!ON EXPIRGS m-'
C)C;TC>t3ER 17, 1997
THIS CERTIFICATE IS ATTACHED T0: "AGREEMENT TO IMPROVE DEVELOPMENT-WATER'FACILITIES
AGREEMENT NO.. A0025 EXHIBIT B"
~
~
FORM 00211 (Rev. 6/94) /
V40N xHCOxnrpn MAn. nUs noccMHNr
To TBE aMxass sMwx sffi.ow
HlCKORY HIId. LTD.
P.O. BOX 87521 SAN DIEGO, CA 92138
APN# 2 5 9- 5 6 0- 7 7 srMca n$ove aIns LM$ Fox ncoaenBRs vss
EASEMENT GRANT DEED
I, (WE), RONALD G. SIJMMERS AND CORALYN L. SI;RvIlVIERS, TRUSTEES OF TBE
SLTMNff'~RS FAMII.Y TRUST DATED FEBRUARY 4, 1986
GRANT TO, HICKORY HII.L LIlVIlTF.D, A CALIFORNIA LIlv1T17FD PARTNERSHII'
ALI. THAT REAL PROPERTY FOR A UNDERGROiJND EASEMENT FOR PRNATE
UTII,IMS STTUATED IN THE CTTY OF ENCINTTAS, COUNTY OF SAN DIEGO, STATE
OF CAI.IFORNIA DESCRIBED AS FOLLOWS:
THE SOLTIBERI.Y 50.0 FEET OF THE WESTERLY 10.0 FEET OF PARCEL
3 OF PARCEL MAP 15564, IN THE COUNTY OF SAN DIEGO, FIIM
FEBRUARY 9, 1989 AS FILFJPAGE # 89-070582 OF OFFICIAL RECORDS. .
FJECUTEDON NOVEMBER 22, 1996 AT ENCINITAS, CA
. .
(CTl'Y AND STATS)
STATE OF. SAN DIEGO
CQUNi'Y OF SAN DIEGO
ON Nov 22, 1996 ~OREMF MAKY V LAUDERDALE
,{N==tz~= PERSONALI.Y APPEARED ~-'~J~~,
PERSONALLY KNOWN TO MLf (OR PR&VfD ME ON TBE BASIS ~OF ~
SAACTORY EVIDENCE) TO HE TfE P'F.R.SON(S) WHOSE NAMF(S)
SCRIDED TOJ~M WITHlN INSTRUMF.NT AND ACKNO ED
TO ME 1HAT F.XLCLTIED IN 'IHE SAME IN
AUIHORIZF.D CAPACTI'Y(!ES), AND THAT BY IGNAIVRE(S)
ON THE INSTRUMEN'f THE PERSON(S7, OR THE ENTTi'Y UPON BOALF OF
. WHICH THE PERSON(S) AC1ED, EXECLTIED TH}? INSTRUMENf.
S MY
MARX V. I.AUQERDAI,E ~ .
`I ~ 4 Q .t( ~r,X~ COMP/) #1007163
,s:n i e,I tt 0.0 IF'f1tlhltA
SAA4 oi2RCS CC'1UIV1"Y
MY COMMISSION EXPIA~:~
. OCTOBER 17, 199'1