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1999-558206 DW '4 1999,-0558206 lflllll 1999-0568206 - ' G 12:P~19~ 9 10:5B d~ (-)M Recording Requested By: ) San Dieguito water District ) OFFICIA- RECORDS ~ 3213 SaN DxEcO cnuNrv REcaRDEa 's oFFzcE ~ when Recorded Mail to: ~ GREGphY J. SMITNa Ct{UNTY kECOFtDER San Dieguito Water District ) FEES` 47"00 P. O. Box 231010 ) ~ Encinitas, CA 92023-1010 ) SPACE ABOVE FOR RECORDER'S USE ~ AGREEMENT TO IMPROVE DEVELOPMENT - WATER FACILITIES AGREEMENT NO. A-0027 Assessor's Parcel Nos. 256-313-28,29,30,31 THIS AGREEMENT is made and entered into this 26 th day of Lvlp,y, `1999, by and between San Dieguito Water District, hereinafter called District, and Ronald J. Raymond and Susan C. Raymond, Husband and Wife as Joint Tenants as to Parcels 1, 3 and 4 of Parcel Map No. 16481, filed in the Office of the County Recorder of San Diego County, May 23, 1991, and Gregory Bradford McCord and Patti Lu McCord, Husband and Wife as Joint Tenants as to Parcel 2 of said Map, 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 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 3214 "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 Thirty thousand six hundred thirteen dollars ($30,613.00). Owner's obl.igation 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 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, 2 . 3215 materials furnished and for other District work and special charges. 6. Owner shall, at Owner's expense, obtain all necessary permits and licenses for the construction of the water improvements and give all necessary notices and pay all fees and taxes required by law. 7. The water facilities constructed by Owner shall be connected by Owner to the existing water lines of District in a manner approved by District. If water facilities are constructed in private streets, the streets shall be curbed and/or constructed such that no damage to paving, structures or landscaping will result from full flow fire hydrant testing or from failure of District's water facilities. The developer and/or contractor shall submit a shutdown request to the San Dieguito Water District at least seven (7) calendar days in advance of a shutdown. A detailed written procedure including a list of personnel, name of supervisors and equipment to be used shall also be submitted to the San Dieguito Water District. The procedure, including personnel, supervisors and equipment, must be approved by the San Dieguito Water District prior to scheduling the shutdown. The District can cancel any previously approved shutdown due to the weather and/or system operation considerations. Filing of a Notice of Completion 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 to the work as constructed, has been submitted to the District. 8. The water facilities shall be operated by District in accordance with the rules and regulations of the District. Meter costs are not included in the estimated cost of water facilities and shall be paid by Owner, in accordance with District's rate schedule, as it from time-to-time exists. Water for construction purposes will be provided in accordance with District's Rates and Rules and Standard Practices. 9. District shall not, nor shall any officer or employee of District be liable or responsible for any accident, ioss or 3 3216 ~ 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 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. 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 100 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. 4 3217 ( 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 elects to repair the defective work, such action by District wi11 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 250 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 Districto 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. 5 3218 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. 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 signed improvement plans. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day first above written. SAN D IT ATER DISTRICT OWN /D OP ~ Robert T. Acker d. ym nd District Manager r--~ Sus n C. Raymond G ry B. McCord ✓G✓ _ Patti Lu McCord 6 ALL-PURPOSE ACKNOWLEDCMENT 3219 r 0 ~~~~~*.Now-* . State of California • ' County of <bl2 p ss. ' . • ' pn I C), 10(19 before me, ~~-~YZ ~ • ~~~C~d~%~- , ' ~ (DATE) . (NOTARY) ~ ' personally appeared O ~ O C I SIGNER(S) 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 I . acknowledged to me that helshe/they executed • the same in his/her/their authorized ' . ~ ,EaDAWN M. WAUE 0 capacity(ies), and that by his/her/their • ' ~ 4--.T/yfN . I ~~p , y COMM. # 1030666 m signature(s) on the instrument the person(s), ° • NOTA{3Y f'UBL1C~c,4LI=0RNIA o . ~saN e1E00 CouNrv or the entity upon behalf of which the • ~ My Camm, kxp, Mar, 17, 1QOG ' - person(s) acted, executed the instrument. ~ . ' I . WITNESS my hand and official seal. ' I ~ . LA' )Orb 1 ~ NOTARY' SIGNATURB ~ • OPTIONAL INFORMATION ' The information below is not required by law. However, it could prevent fraudulent attachment of this aclrnowl- ' • edgment to an unauthorized docurnent. ' ' CAPACPfl' CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ' • • ❑ INDNIDUAL ' I ❑ CORPORATE OFETCER ' TfTLE OR TYPE OF D CUMENT TITLE(S) • ❑ PARTNER(S) ' ❑ ATTORNEY-IN-FACT I • ~ ' ❑ TRUSTEE(S) ' NUMBER OF PAGES ' • ❑ GUARDIAN/CONSERVATOR ~ ' ❑ OTHER: I • • ' DATE OF DOCUMENT I • ~ ' SIGNER IS REPRESENTING: ' ~ NAME OP PERSON(S) OR ENTITY(18S) • ' OTHER ! • ~~l~~►~i~ ~~e~~ APA 1/94 VALLEY-SIERRA, 800-362-3369 ' CALIFORNIA ALL-PURPQ'~ ACKNOWLEDGMENT 3220 California State of San Diego County of Gregg Miiler, Notary Pubiic On~ ~f ~Y 0 before me, / ~ Date Name and Tille of OHicer (e.g., "Jane Doe/Nolary Pub(ic") personally appeared i Name(s) 01 Signer(s) ❑ personally known to me - OR ~ proved to me on the basis of sati actory evidence to be the person(s) whose name(s) i re ubscribed to the within instrument and acknowledge #o me that h~sh'~ 1ie xecuied the same in h heir uthorized capacity(ies), and that by &/hoar f heir ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. GREGG MIILER • amy Commissfon # t 117928 WITNESS my hand and official seal. zNotary Publlc -Callfcarnla Scyn piego Counly Comm. Exprces s Nov 18, 2000 re ol Not ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent iraudulent removal and reaitachment of this form to another document. Description of Attached ocument Title or Type of Document: o~l ~~N~~ ~ ~P L'Fo- , C_ f IG.- V/ f L~S Document Date: Number of Pages: Signer(s) Other Than Named Above: _N--0A -17-IX 15 Is ATL Capacity(ies) Claimed by Signer(s) Signer's Name: ~ ~ 04 Signer's Name: ~ ,~o ❑ Individual O Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General O Atforney-in-Fact ❑ Attorney-in-Fact - ❑ Trustee ❑ Trustee ❑ Guardiaror Conservator ' . ' ❑ Guardian or Conse1rvator ' ~ Top ot ihumb here ~`~I' Qther. Top o1 thumb here Other f~ LY Signer is Ftepresenting: Signer is Representing: 3221. EXHIBIT "A" Parcels 1, 2, 3 and 4 of Parcel Map No. 16481, in the City of Encinitas, County of San Diego, State of California, according to Map thereof, filed in the Office of the County Recorder of San Diego County, May 23, 1991. 3222 ( EXHIBIT "B" Project Name:451 Ocean View Ave. Date : 1. The Owner/Developer to provide for the installation of the below listed water facilities. 2. No facilities will be installed prior to the execution of Agreement to Improve Development Water Facilities. 3. No facilities will be installed prior to the 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 l 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. Owner to install the water facilities. 8. INSTALLATIONS: a.) 8" PVC Water Main 309 lf $15,450.00 b.) 4" PVC Water Main 140 lf $ 3,780.00 c.) 1" Water Service 4 ea $ 2,400.00 d.) 8" Gate Valve 1 ea $ 1,700.00 e.) 2" Blow-off Assy. 2 ea $ 1,500.00 f.) 6" Fire Hydrant Assy. 1 ea $ 3,000.00 g.) 10% Continaency $ 2,783.00 Tota1 Estimate: $ 30.613.00 9. IMPROVEMENT SECURITY: a.) Improvement of Security, 1000 $ 30,613.00 10. MISCELLANEOUS COSTS: $ -0- 11. CAPACITY CREDIT: (OFFSETS NEW CAPACITY FEES ONLY) Account Number SDWD SDCWA a.) F925781 $ 10.400.00 $ 7.883.00 2" Meter b. ) $ $ c) $ $ d.) $ $ Total Capacity Credit: $<10,400.00> $<7,993.00> ~ 3223 ~ 12. SDWD METER Pn-ES: Installation Capacity a.) 3/4" Meter 4 ea $ 640.00 $ 8,000.00 b. ) $ $ c) $ $ d ) $ $ e) $ $ Capacity Credit (Refer to No. 11 $<10,400.00> Totals $ 640.00 $ -0-. Total Meter Fees: $ 640.00 13. SDCWA CAPACITY FEES: CapacitV a.) 3/4" Meter 4 ea $ 6,064.00 b.) $ c.) $ d.) $ e. ) $ Capacity Credit (Refer to No. 11) $<7,993.00> 'Total Capacity Fees: $ -0- 14. CAPACITY FEE: (FIRE) a ) $ b ) $ Total Capacity Fee: $ -0- 15. INSPECTION: (ESTIMATE DEPOSIT) $ 1,285.00 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 $ 100.00 (2nd easement) SDWD Meter Fees $ 640.00 SDCWA Capacity Fees $ -0- Fire Capacity Fees $ -0- Inspection Deposit $ 1,285.00 Conservation Offset Deposit $ -0- *TOTAL ESTIMATED DEPOSITS & FEES REQUIRED; $ 2,025.00 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 3224 c . 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 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. ACCEPTANCE SAN D WATER DISTRICT 0 / LO ft-XAW~~ Robert T. Acker R . ymo d 'strict Manager Susa . Raymond ~ r y B. McCord Patti Lu McCord 322 J r ALL-PURPOSE ACKNOWLEDGMENT r • ~~~~s~~~ ~O-1 State of California . • ' County of U.r. "Ne b ss. I . ' ' On before me, ~ • ~ ' • (DATE) 6mcdcl (NOTARY) ~I personally appeared o a C'~a1t• C. O ' SIGNER(S) ~ personally known to me - OR- ❑ proved to me on the basis of satisfactory • evidence to be the P erson s whose name(s) i ' . ' is/are subscribed to the within instrument and I . acknowledged to me that he/she/they executed i ' the same in his/her/their authorized . capacity(ies), and that by his/her/their i ' DAWN M. WADE I signature(s) on the instrument the person(s), COMN. # 1030666 m or the entity upon behalf of which the • . ~ YyEP•oFr" ' o NOTAKY PUBLIC•CALIFORNIA o a: 5AN DiECU COUNTY person(s) acted, executed the instrument. • ~ I My Comm. Exp, Mar. 17, 20001 ' . WITNESS my hand and official seaL ' ' . 1 ! ~ NOTAR 'S SIGNATURE I ' OPTIONAL INFORMATION ' ' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- • I • edgment to an unauthorized document. • ' CAPACITY CLAIMED BY SICNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT I ~ . ❑ INDNIDUAL I ❑ CORPORATE OFFICER x ~ ~ ' ~ AGC ~ • ~ ' TITLE OR TYPE OF DOCUME T ' TITLE(S) ~ • ' ' ❑ PARTNER(S) ~ ❑ ATTORNEY-IN-FACT • I ❑ TRUSTEE(S) NUMBER OF PAGES ' • ❑ GUARDIAN/CONSERVATOR ~ ' ❑ OTHER: I • • ' I DATE OF DOCUMENT • ~ ~ • ' SIGNER IS REPRESENTING: 1 NAMB OP PERSON(S) OR ENTTTY(IES) • OTHER • , APA 1/94 VALLEY-SIERRA, 800-362-3369 ' CALIFORNIA ALL-PURPOS. .ACKNOWLEDGMENT 3< 2 ~ California ' State of San Diego Count of j~ me, Gregg Miiler, Notary Pubiic pn 1 ~ i q ~ before . ~ r Date Name and Title o( O((ice((e.g., •Jane Ooe/Notary Public") L_ R ~ ~i ~ personally appeared ~ Name(s) of si9ner(5) cCY2-,b ❑ personally known to me -oR ~proved to me on the basis of sat' factory evidence to be the person(s) whose name(s) i are ubscribed to the within instrument and acknowledg o me that hAs executed the same in h~/h hei authorized capacity ies), and that by hiVhe eir signature(s) on the instrument the person(s), or the ~ty upon behalf of which the person(s) acted, executed the instrument. GREGG MIU.ER WITNESS m nd and official seal. ' Comrnlssian # 1117328 ;9 Notary Pubtlc - Callfornla i. Spn Diega Coun1y c My Comm. Explres Nov 1$, 2000 lure of otary Public OPTIONAL Though the inlormation below is not required by law, it may prove valuable to persons relying on the document and could prevent lraudulent removal and reattachment of this form to another document. Description of Attached Document I I e- 1~ L l~~ Ti t l e o r T y p e o f D o c u m e n t: ~ D o c u m e n t D a t e: Number of Pages: Signer(s) Other Than Named Above: ~ 7-11 15 Capacity(ies) Cl~imed by Signer(s) ~ Signer's Name; Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): El Partner Limited ❑ Generaf ❑ Partner - O Limited ❑ General ❑ Atto rney-i n- Fact ❑ Attorney-in-Fact ❑ Trustee : • • ❑ Trustee . = : • ❑ Guardian or Conservator ~Guardian or Conservator ~Other_ :!!t r) r ATopolthumbhere Otf12(: 7;~.~ Top ol thumb here ~ I-L N lwi \ Signer is Representing: Signer is Representing: I\ . . • CITY OF ENCINITAS - SAN DIEGUITO WATER DISTRICT p f . . . . . . . . AGENDA REPOR`I' Meeting Date: May 26, 1999 TO: Board of Directors VIA: Robert T. Acker, District Manager Bob Nelson, Public Works Director '-OR y ~j0(/C pECORoS FROM: SDWD Engineering & Planning Department Victor Graves, Engineering and Planning Supervisor VBill O'Donnell, Water Utility Planner SUBJECT: Authorization to Enter Into an "Agreement to Improve Development - Water Facilities" with Ronald and Susan Raymond, and Gregory and Patti Lu McCord. Adoption of Resolution No. 99-09, Approving "Grant of Easement for Water Line" for Property Located at 451 Ocean View Avenue, APNs 256-313-28, 29, 30 and 31. ' BACKGROiTND: On May 23, 1991, Parcel Map No. 16481 was recarded with the County Recorder. The map consisted of a four-lot subdivision of land. At the time of recordation, no public water improvements were proposed for the project. The owner has since decided not to install fire sprinklers in the proposed houses. In order to meet Fire Department requiremerits, a fire hydrant must now be installed within the project. ANALYSIS: In order to meet water requirements for the project, 390 feet of 8-inch and 140 feet of 4-inch PVC water main, along with new services and appurtenances, are required to be installed to provide domestic and fire flow needs. The District's work force is not geared to install projects of this size without creating hardships on normal operations. For this reason, the District has requested that the owner enter into an ~ Agreement with the District in which the owner agrees 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 grant easements for water lines, bear all costs for improvements and abide by District rules, regulations and specifications. FISCAL AND STAFF IMPACT: The Agreement requires the owner to pay for all inspection services provided by the District: Future District expenses will be incurred for the maintenance of the new water improvements, once they are accepted. Funding for said maintenance is covered through the sale of water. RECOMMENDATION ; Authorize the District Manager to enter into an "Agreement to Improve Development - Water Facilities" with Ronald and Susan Raymond, and Gregory and Patti Lu McCord. Adopt Resolution No. 99-09, approving "Grant of Easement for Water Line" for property located at 451 Ocean View Avenue, APNs 256-313-28, 29, 30 and 31.