1998-643648 (2)~ 1307.
DOC _ 199 0643648
OCT 06 1998 3:24 Pi" i
When Recorded Mail To: ) OFFICIAL RECORDS
SAS! DIED CUTY RECORDER'S OFFICE
District Clerk ) GREGORY J. SMITH! COllidTY RECORDER
San Dieguito Water District ) FEES: 11.0
505 So. Vulcan Ave. )
Encinitas, CA 92024
Y 1998-0643648
j NOTICE OF COMPLETION
~od
Assessor's Parcel No. 256-040-62 to 71 Agreement No. A-0028
1. Beachwalk 10, LLC, did on the 14th day of July, 1997, enter into an "Agreement to Improve
Water Facilities" with the San Dieguito Water District. The Agreement detailed the requirements for the
construction and installation of certain water improvements.
2.' Said Agreement, including the plans and specifications for said improvements, is on file in the
Office of the Clerk of the Board of Directors.
3. Said improvements were completed by the current owner, Beachwalk 10, LLC, and accepted by
the San Dieguito Water District Board of Directors on the 26th day of August, 1998.
4. Subdivision Improvement Bond No. SD00011965 from Frontier Pacific Insurance Company in the
amount of $22,679.25 may be released at this time. The District will retain Certificate of Deposit No.
1051491624 from Pacific National Bank in the amount of $7,559.75 which shall be released at the end of
the one-year warranty period.
5. All requirements of said Agreement have hereby been satisfied except for warranty.
6. Neither acceptance of said improvements by the Board of Directors nor this Notice constitutes a
waiver of any defects in the work of the construction or installation of said improvements.
Dated: 'a0 -g 2
SAN DIEGUITO WATER DISTRICT
Clerk of the Board
f.\mi sc\notcomp 8. doe
1308
I, Deborah Cervone, Clerk of the Board for the San Dieguito Water District, a political
subdivision of the City of Encinitas, County of San Diego, State of California, which is the
owner of the public work described within the Notice of Completion executed by said San
Dieguito Water District, do hereby certify that I have read the same and know the contents
thereof and that the facts therein stated are true to the best of my own knowledge. I
declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. I make this verification for and on behalf of the San Dieguito
Water District.
Date:
40i A -4-1 A _koi 4 '1 La-)A (7'
eborah Cervone, Clerk of the Board
STATE OF CALIFORNIA)
) ss
County of San Diego)
On this ~ day of 19J , before me, the undersigned, a Notary
Public in and for said State, IYersonally appeared Deborah Cervone, personally known to
me to be the person who executed the within instrument as Clerk of the Board of the San
Dieguito Water District, and acknowledged to me that she executed it in behalf of the San
Dieguito Water District pursuant to its by-laws or a resolution of the District.
WITNESS my hand and official seal.
Randa G. Milljour
Comm. #1033151
NOTARY PUBLIC-CALIFORNIA a
SAN DIEGO COUNTY
F My Comm Exp Jan. 6, 1999 Y¢
~.y. fbYWiRMldrkW-=~6.i.ru.Y 4r6Ys@+_"r!~~N1r4+AM1?-i~Vti
Notary P4 ` is
CITY OF ENCINITAS
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
Meeting Date: August 26, 1998
TO: Board of Directors roFtVOUR RECORDS
p=rom CityCtetk
VIA: auren M. Wasserman, District Manager
Bob Nelson, Public Works Director
FROM: SDWD Engineering & Planning Department
4x$Uictor Graves, Engineer and Planning Supervisor
IiWBill O'Donnell, Water Utility Planner
SUBJECT: Consideration of Acceptance of Public Water Improvements and Authorization to
File a "Notice of Completion" for a 10-Lot Subdivision Developed by Beachwalk
10, LLC, Located Along Hygeia Avenue, APNs 256-040-62 to 71.
BACKGROUND: On July 14, 1997, the San Dieguito Water District entered into an
"Agreement to Improve Water Facilities" (A-0028) with Beachwalk 10, LLC, owner of property
located along Quail Gardens Drive. The Agreement detailed the requirements for the construction
and installation of certain public water improvements.
ANALYSIS: The water improvements were installed in accordance with District approved plans
and specifications, under District inspection. District staff has no objections to filing the "Notice
of Completion". A 25-percent retention of security will be held for one year following the Notice
to cover guarantee and warranty.
FISCAL AND STAFF IMPACT: Future expenses will be incurred for maintenance of the new
water improvements. Funds to cover the cost of maintenance are collected through the sale of
water.
RECOMMENDATION: Accept public water improvements and authorize the District
Manager to file a "Notice of Completion" for a 10-lot subdivision developed by Beachwalk 10,
LLC, located along Hygeia Avenue, APNs 256-040-62 to 71.
Recording requested by:
When Recorded Mail To:
District Clerk )
San Dieguito Water District )
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
WAS RECORDED ON 21-J~1L-3rd;
10PU'E T UMBER 11997-03462?'.
PROW C E 1 a i# HU REORDER
SAN DIEGO i TY EACC'O R'iw OFFI ICE
SPACE ABOVE FOR RECORDER'S USE
LIEN COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY.
Assessor's Parcel
No. 256-040-31
Project No.: TM 90-091
W.O. No.: N/A
A. Beachwalk 10. LLC a California limited liability comipany
("SUBDIVIDER" hereinafter) is the owner of real property which is
commonly known as APN 256-040-31 ("PROPERTY" hereinafter) and which,is
described as follows:
See Attachment A which is attached hereto and
made a part hereof.
B. The tentative subdivision of the PROPERTY was approved with
the final approval subject to certain conditions requiring the
construction of improvements by SUBDIVIDER. SUBDIVIDER has applied
for final approval of the subdivision but has not constructed the
required improvements. In consideration of the final approval of the
subdivision of the PROPERTY by the San Dieguito Water District
g:sdwd\eng\forms\liencov.doc
("DISTRICT" hereinafter), SUBDIVIDER hereby covenants 'and agrees for
the benefit of DISTRICT, to do the following:
See Attachment B which is attached hereto and
made a part hereof.
C. This Covenant shall run with the.land and be binding upon and
inure to the benefit of the future owners, encumbrances, successors,
heirs, personal representatives,
transferees and assigns of the
respective parties.
D. SUBDIVIDER agrees that SUBDIVIDER's duties and obligations
under this Covenant are a lien upon the PROPERTY. Upon notice and
opportunity to respond; DISTRICT may add to the property tax bill of
the PROPERTY any past due financial obligation owing to DISTRICT by
way of this Covenant.
E. If either party is required to incur costs to enforce the
provisions of this Covenant, the prevailing party shall be entitled to
full reimbursement of all costs, including reasonable attorneys' fees,
from the other party.
F. Failure of SUBDIVIDER to comply with the terms of this
Covenant shall constitute consent to the filing by DISTRICT of a
Notice of Violation of Covenant.
g:sdwd\eng\forms\liencov.doc
G. Upon SUBDIVIDER's satisfactory completion of. SUBDIVIDER's
duties and obligations contained herein, SUBDIVIDER may request and
DISTRICT shall execute a Satisfaction of Covenant.
H. By action. of the Board of Directors, DISTRICT may assign to
a person or persons impacted by the performance of this Covenant, the
right to enforce this Covenant against SUBDIVIDER.
g:sdwd\eng\forms\liencov.doc
ACCEPTED-AND AGREED.
SUBDIVIDER
Dated z 3 y'7
eachwalk 10, LLC
a California limited
By: TRC Development Corporation
a California Corporation
managing member
(Notarization of SUBDIVIDER signature is attached.)
SAN DIEGUITO WATER DISTRICT
Dated :11(i (r)
(Notarization not required).
by 3
au en M. Wasserman
District Manager
g:sdwd\eng\forms\liencov.doc
}
STATE OF CALIFORNIA }ss.
COUNTY OF d1? 4-y6ZF }
On _23 (p 9 7 before me, .44/4CA ? 74 av. aX-M--
personally appeared
, personally known to me
(o n to be the person(,a`) whose name) is/I=
subscribed to the within instrument and acknowledged to me that he/s*u fw?executed the same
in his/h er authorized capacity(k~s), and that by his/be; eir signature/ on the instrument the
person() or the entity upon behalf of which the persona acted, executed the instrument.
WITNESS my hand and official seal.
Signature
OFFICiAL SEAL
r
f 0 7= TH~
0 NOTARY Puwc cAuFOMM fA
COO MM M=0
(This area for official notarial seal)
Title of Document
Date of Document
Other signatures not acknowledged
No. of Pages
3008 (1/94) (General)
Mref A-iron Tifin i--nno
`T AMERI
ATTACHMENT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
THE NORTHERLY 239.88 FEET (MEASURED'ALONG THE WESTERLY LINE) OF.
THE FOLLOWING DESCRIBED LAND; THAT PORTION OF LOT 9, OF LEUCADIA
ACRES, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 1704, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 5, 1918, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 9
WITH THE WEST LINE OF SOUTH COAST PARK ANNEX, ACCORDING TO THE
MAP THEREOF NO. 1788, FILED MARCH 29, 1924, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID WEST LINE OF
SOUTH COAST PARK ANNEX NORTH 15.48' WEST 479.21 FEET TO THE
ORIGINAL CENTER LINE OF DAPHNE STREET AS SHOWN ON MAP NO. 570
OF THE TOWN OF LEUCADIA, SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE ALONG SAID CENTER LINE OF DAPHNE STREET SOUTH
74'17' WEST 380.72 FEET; THENCE NORTH 15'48' WEST 479.77 FEET TO
AN INTERSECTION WITH THE NORTH LINE OF SAID LOT 9; THENCE ALONG
SAID NORTH LINE 74'17' EAST 380.77 FEET TO THE WEST LINE OF THE
SOUTH COAST PARK ANNEX; THENCE ALONG SAID WEST LINE SOUTH
FEETCONTINUING
451THENCE
15'42' EAST 28.43 FEET SOUTH AN5P,N$LE~POINT;
TRUE
ALONG SAID WEST LINE SO
POINT OF BEGINNING.
ATTACHMENT B TO
LIEN COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY.
PROJECT NO. TM90-091
SUBDIVIDER'S DUTIES AND OBLIGATIONS
SUBDIVIDER: Beachwalk 10. LLC
Tract or Parcel Map Number :.TM90-091
Name of Subdivision: Beachwalk
1.0 PROJECT REQUIREMENTS
1.01 No facilities will be installed prior to the acceptance by
the District:
A) Good and Sufficient Security.
B) Acceptable Certificate of Insurance.
1.02 Developer to provide compaction testing per the requirements
of the San Dieguito Water District.
1.03 Developer to provide for construction staking and surveying
for the proposed water facilities.
1.04 SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all
necessary permits and licenses for the construction of the water
g:sdwd\eng\forms\liencov.doc
improvements and give all necessary notices and pay all'fees and taxes
required by law.
1.05 All public water facilities shall be installed by a Class A
or Class C-34 licensed contractor.
1.06 The plans provided for in this "Covenant" conform to the
current standards of the DISTRICT. The SUBDIVIDER 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
DISTRICT.
1.07 SUBDIVIDER 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 a 8 1/2" x 11" plat of
easements.
1.08 SUBDIVIDER agrees at SUBDIVIDER's own cost and expense to
furnish all the labor, equipment and materials to perform and
complete, in accordance with the plans and specifications and to the
satisfaction and approval of the District Engineer, all of the
improvements referred to below:
g:sdwd\eng\forms\liencov.doc
A)
4" PVC Main 12
01f $ 3,240.00
B)
8" PVC Main 18
01f $ 9,000.00
C)
6" Gate Valve
lea $ 900.00
D)
8" Gate Valve
lea $ 1,700.00
E)
1" MAR
lea $ 1:400.00
F)
2" Blow-off
lea $ 750.00
G)
Fire Hydrant
lea $ 3,500.00
H)
Connect to Main
lea $ 1.000..00
I)
Water Service 1
0ea $ 6.000.00
J)
loo Contingencies
$ 2,749.00
Total Cost Estimate:
$ 30.239.00
1.09 IMPROVEMENT SECURITY:
A) 100% of Cost Estimate
1.10 MISCELLANEOUS COSTS:
$ 30,239.00
$ -0-
\O
.1.11 CAPACITY CREDIT: (OFFSETS NEW
CAPACITY FEES ONLY)
Account Numb
er SDWD
E11CWA 131
A) E559803
$ 2.000.00
$ 5 6 0 5/8" me
ter
B) 7048894
$ 10.400.00
$ -88 -m 2" me
ter
D)
$
$
Total Capacity
Credit$<12.400.00>$<-97L>
1.12 SDWD METER
FEES:
Installa
tion Capacity
I'D
A) 3/4" meter
10ea $ 1.600
.00 $ 20,000.00
B)
D)
E)
Capacity Credit
) ( 0
$ $ w
$ $ y'
(Refer to Sec. 1.11) $<12.400.00>
Totals $ 1,600.00 $ 7.6.00.00
Total Meter Fees: $ 9,200.00
c._ 4
I✓
42 0 a 3 -
. k -a3.
g:sdwd\eng\forms\liencov.doc
1.13 SDCWA CAPACITY FEES:
A) 3/411 meter 10ea
Capacity
~ $ 00
B)
$
C)
$
D)
$
Capacity Credit (Refer to
Sec. 1.11) $<-9;~1=-a0>
-
Total Capacity Fees:
-
YY„
1.14 CAPACITY FEE: (FIRE)
A)
$
.K
B)
$
Total Capacity Fees: $
-0-
1.15 INSPECTION DEPOSIT:
$ 1.000.00
1.16 DEPOSITS & FEES:
Engineering Fees $ -0- .
SDWD Meter Fees $ 9.200.00
SDCWA Capacity Fees $ 5.761.00
Fire Capacity Fees $ -0-
Inspection Deposit $ 1.000.00
*TOTAL ESTIMATED DEPOSITS & FEES REQUIRED: $ 15,961.00
1.17 The water meter fees including installation and capacity,
are established from time to time by the Board of Directors of the
DISTRICT and the San Diego County Water Authority. The SUBDIVIDER
will by required to conform to the installation and capacity fees
which are applicable on the date of payment. Construction will not be
allowed to commence until all water fees have been received.'
g:sdwd\eng\forms\liencov.doc
1. 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 to SUBDIVIDER.
1.19 In the event a 90-day period elapses from the date of
recordation of the Covenant, the above estimated deposits and fees
must be revised and are subject to condition. of agreement with
-DISTRICT.
1.20 Filing of the Notice of Completion shall not be accomplished
until the following requirements have been complied. with:
A) All work has been completed in accordance with the
plans and specifications, all gate wells have been set flush
with the street surface, and meter boxes set to finish
grade;
B) A set of original plans (sepia prints), corrected to
conform with the work as constructed, has been submitted to
the DISTRICT.
2.0 PROGRESS OF WORK
2.1 Time is of the essence with this Covenant. SUBDIVIDER
shall commence substantial construction of the improvements required
by this Covenant not later than May 22 1999 and shall complete the
improvements no later than May 22. 2001. In the event good cause
g.:sdwd\eng\forms\liencov.doc
I
exists, as determined by the District Engineer, 'the time for
commencement of construction or completion of the improvements
hereunder may be extended. Any such extension may be granted without
notice to SUBDIVIDER's Surety or Sureties, if any, and shall in no way
affect the validity of this Covenant or release the Surety or Sureties
on any security given for the faithful performance of this Covenant.
The District Engineer shall be the sole and final judge as to whether
or not good cause has' been shown to entitle SUBDIVIDER to an
extension. As a condition of such extensions, the District Engineer
may require SUBDIVIDER to furnish new security guaranteeing
performance of this Covenant, as extended, in an increased amount as
necessary to compensate for any increase in construction costs as
determined by the District Engineer.
2.2 If any of the public improvements are to be constructed or
installed on land not owned by SUBDIVIDER, no construction or
installation shall be commenced prior to the acquisition and
acceptance by DISTRICT of appropriate property interests. SUBDIVIDER
shall pay the actual costs of acquisition of such property interests.
2.3 SUBDIVIDER shall,. at SUBDIVIDER's expense, obtain all
necessary permits and licenses for the construction of the
improvements and give all necessary notices and pay all fees and
taxes required by law.
g:sdwd\eng\forms\liencov.doc
2.4 SUBDIVIDER shall. notify the District Engineef in writing at
least 15 days prior to the commencement of work -hereunder. No
construction work shall begin until authorized by DISTRICT.
2.5 SUBDIVIDER shall not be entitled to obtain occupancy permits
for the buildings constructed on any 'lot created by the subdivision
until all required improvements have been provided to the satisfaction
of the District Engineer.
2.6 SUBDIVIDER shall at all times maintain safe construction
facilities, and provide safe access, for inspection by DISTRICT, to
all parts of the work and to the shops wherein the work is 'in
preparation.
2.7 SUBDIVIDER shall give good and adequate warning to the
public to each and every existing danger relating to the construction
of the improvements, and shall protect the public from such dangers.
3.0 TTY*SPECTTONZACCEP'T'ANCE OF IMPROVEMENT'S
3.1 The District Engineer or his duly authorized representative,
upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER's expense,
the improvements herein agreed to be constructed and installed by
SUBDIVIDER. If determined to be in accordance with applicable DISTRICT
standards and the other terms of this Covenant, the District Engineer
shall approve the improvements and recommend the acceptance of the
g:sdwd\eng\forms\liencov.doc
public improvements by DISTRICT through resolution of the DISTRICT
Board of Directors.
3.2 The SUBDIVIDER agrees to pay for each inspection of the
improvements required by the District Engineer.
3.3 Approval of the. improvements and acceptance of the public
improvements by District, shall not constitute a waiver by DISTRICT of
any defects in the improvements.
3.4 Until such time as the improvements required by this
Covenant are fully completed by SUBDIVIDER, approved by the District
Engineer and the public improvements are accepted by DISTRICT,
SUBDIVIDER will be responsible for the care, maintenance, repair and
replacement of such public improvements.
4.0 GUARANTEE/WARRANTY
4.1 ONE YEAR. SUBDIVIDER hereby guarantees and warrants the
public improvements constructed pursuant to this Covenant for a period
of one year after final acceptance of said work to include design,
work, labor and materials furnished. If within the one year period,
any public improvement or part of any public improvement furnished,
installed or constructed, or caused to be furnished, installed or
constructed by SUBDIVIDER, fails to fulfill any of the requirements of
this Covenant or otherwise fails to function to the satisfaction of'
the DISTRICT, SUBDIVIDER shall without delay and without any cost to
g:sdwd\eng\forms\liencov.doc
DISTRICT, repair, replace or reconstruct any failing part or parts of
the public improvement.
4.2 TEN YEARS. For ten years following the acceptance by
DISTRICT of the public improvements, SUBDIVIDER shall remain obligated
to cure all identified defects in the design, construction, materials
of the public improvements.
5.0 SECURITY
5.1 FOR CONSTRUCTION OF IMPROVEMENTS
A. Prior to the "sale or transfer of all or any portion of
this Subdivision, or prior to the issuance of any development permits
for this Subdivision, SUBDIVIDER shall furnish to DISTRICT good and
sufficient security in the form of a cash deposit, a letter of credit
or other security as approved by the District Engineer in the amount
of 1000 of the then-current estimate of construction costs of the
improvements to assure faithful performance of this Covenant.
B. In the event that changes, alterations or additions to
the improvement plans and specifications or to the improvements add
100i or more to the original estimated costs of the improvements,
SUBDIVIDER shall provide additional security in a form satisfactory to
DISTRICT in an amount equal to 1000 of the total estimated increase in
the construction cost of the improvements. The amount of the
g:sdwd\eng\forms\liencov.doc
additional security may be adjusted by the amount of work completed
and any prior, partial releases of security.
5.2 FOR ONE YEAR GUARANTEE /WARRANTY. SUBDIVIDER shall furnish
to DISTRICT good and sufficient security, in the form of a cash
deposit, letter of credit or other security as approved by the
District Engineer, in the amount of 25% of the estimated total cost of
the public improvements, to secure SUBDIVIDER's guarantee and warranty
specified herein for a period of one year following the acceptance by
DISTRICT of the public improvements.
6.0 CURING OF DEFAULTS
6.1 In the event that SUBDIVIDER fails to perform any duty
or obligation imposed by this Covenant, SUBDIVIDER hereby
authorizes DISTRICT, at DISTRICT's option, to perform such duty or
obligation twenty (20) days after DISTRICT mails written notice of
default to SUBDIVIDER and SUBDIVIDER fails to cure such default.
SUBDIVIDER agrees to pay the actual costs of such performance by
DISTRICT. The security posted by SUBDIVIDER pursuant to this
Covenant may be used by DISTRICT for the completion of such
performance, but shall not limit SUBDIVIDER's liability.
6.2 In the event of SUBDIVIDER'S uncured default, DISTRICT
may take over the work and prosecute the same to completion, by
contract or by any other method DISTRICT may deem advisable, for
g:sdwd\eng\forms\liencov.doc
the account and at the expense of SUBDIVIDER. SUBDIVIDER shall be
liable to DISTRICT for the actual costs or damages occasioned
DISTRICT thereby. Without liability for so doing, DISTRICT may
take possession of the construction site and the work. In
completing the work, DISTRICT may utilize such materials,
appliances, plants and other property belonging to SUBDIVIDER as
may be'on the site of the work and necessary therefore.
6.3 Should the exigencies of the case require repairs,
replacements, or work to be done before SUBDIVIDER can be notified
and given seven days to perform, DISTRICT may, at DISTRICT's
option and without liability, make the necessary repairs or
replacements or perform the necessary work and SUBDIVIDER shall
pay to DISTRICT the actual costs of so doing.
7.0 HOLD HARMLESS
7.1 SUBDIVIDER 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 SUBDIVIDER
or SUBDIVIDER's agents, employees, subcontractors, officials,
officers or representatives. Upon demand, SUBDIVIDER shall, at
its own expense, defend DISTRICT and DISTRICT's officers,
g:sdwd\eng\forms\liencov.doc
officials, employees and agents, from and against any'and all such
liabilities, claims, demands, causes of action, losses, damages
and costs.
7.2 SUBDIVIDER's obligation herein includes, but is not
limited to, 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 SUBDIVIDER's
proposed plans, specifications or design so long as such change is
objected to, in writing, by the SUBDIVIDER, and the writing is
filed with the District Engineer more than ten days prior to the
commencement of work.
7.3 SUBDIVIDER's obligation herein includes, but is not
limited to, 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 condemnation of property or 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.
g:sdwd\eng\forms\liencov.doc
7.4 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 projections afforded herein to DISTRICT and DISTRICT's
officers, officials, employees and agents. or diminished the
obligation of SUBDIVIDER who shall remain obligated in the same
degree to indemnify and hold DISTRICT and DISTRICT's officers,
officials, employees and agents, harmless as provided above.
7.5 SUBDIVIDER'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.
8.0 INSURANCE
8.1 The SUBDIVIDER shall obtain and maintain a policy 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. The insurance policy shall
provide that the policy shall remain in force during the life of
this COVENANT and shall not be canceled, terminated, or allowed to
g:sdwd\eng\forms\liencov.doc
expire without thirty (30) days prior written notice to DISTRICT
from the insurance company.
8.2 DISTRICT shall be named as an additional insured on
SUBDIVIDER's,policies.
8.3 SUBDIVIDER shall provide a Certificate of Workers,
Compensation insurance to the DISTRICT.
8.4 SUBDIVIDER shall furnish certificates of said insurance
to DISTRICT prior to commencement of work under this COVENANT.
9.0 NOTICES
9.1 Any notices to be given under this COVENANT, or
otherwise, shall be served by certified mail.
9.2 For the purposes hereof, unless otherwise provided in
writing by the parties hereto, the address of DISTRICT and the
proper person to receive any such notice on its behalf is:
District Engineer
San Dieguito Water District
505 S. Vulcan Avenue
Encinitas, CA 92024
and the address of SUBDIVIDER and the proper person to receive any
such notice on its behalf is: .
TRC Development Corporation
26440 La Alameda, Suite 370
Mission Viejo, CA. 92691
Attn: Scott F. Redsun
President
g:sdwd\eng\forms\liencov.doc
10 . 0 SUBDIVIDER' S CERTIFICATION OF AWARENESS OF
IMMIGR_ATTON REFORM AND CONTROL ACT OF 1986
SUBDIVIDER certifies that SUBDIVIDER is aware of the
requirements of the Immigration Reform and Control Act of 1986 (8
USC 1101-1525) and will comply with these requirements,
including'. but not limited to verifying the eligibility for
employment of all agents, employees, subcontractors and
consultants that are included in, satisfy the duties and
obligations contained herein.
11.0 PREVAILING WAGES
11.1 SUBDIVIDER has been alerted to the requirements of.
California Labor Code section 1770 et seq., which would required
the payment of prevailing wage rates and the performance of other
requirements if it were determined that this Covenant constitutes
a public works contract. SUBDIVIDER has also been advised and
understands that the Office of the Attorney General of the State
of California has rendered an Opinion (No. 86-803) concluding that
prevailing wages must be paid by a private developer where a
public agency retains control over construction of the project and
the facilities 'are ultimately dedicated to the public agency.
SUBDIVIDER has further been advised that the California Department
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of Industrial Relations presently disagrees with -the position
taken by the office of the Attorney General in Opinion No. 86-803.
11.1 It shall be the sole responsibility of the SUBDIVIDER
to determine whether to pay prevailing wages for any or all work
required by this Covenant. As a material part of this Covenant,
SUBDIVIDER agrees to assume all risk and liability arising from
SUBDIVIDER's decision not to pay prevailing wages for work
required by this Covenant.
11.2 As a further material part of this Covenant, SUBDIVIDER
agrees to hold harmless and indemnify the DISTRICT and its
officers, employees, consultants, and agents from any and all
claims, liability, loss, costs, damages, 'expenses, fines, and
penalties of whatever type or nature, including all costs of
defense and attorney's fees, arising from any alleged failure of
the SUBDIVIDER, or SUBDIVIDER's contractors or subcontractors, to
comply with the prevailing wage laws of the State of California.
If the DISTRICT or any of the indemnified parties are named as a
party in any dispute arising from the failure of SUBDIVIDER or
SUBDIVIDER's contractors or subcontractors to pay prevailing
wages, SUBDIVIDER agrees that the DISTRICT and the other
indemnified parties may appoint their own independent counsel, and
SUBDIVIDER agrees to pay all attorney's fees and defense costs of
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the DISTRICT and the other indemnified parties as• billed, in
addition to all other damages, fines, penalties, and losses
incurred by the DISTRICT and the other indemnified parties as a
result of the action.
12.0 GENERAL PROVISIONS
12.1 Neither SUBDIVIDER nor any of SUBDIVIDER's agents or
contractors are or shall be considered to be agents of DISTRICT in
connection with the performance of SUBDIVIDER's duties and
obligations under this Covenant.
12.2 Sale or other disposition of the PROPERTY will not
relieve SUBDIVIDER from the duties and obligations set forth
herein.
12.3 SUBDIVIDER shall provide the improvements as an
independent contractor and in. pursuit of SUBDIVIDER,s independent
calling, and not as an employee of DISTRICT. SUBDIVIDER shall not
be under control of the DISTRICT except as to the result to be
accomplished. SUBDIVIDER may confer with DISTRICT as required to
perform this Covenant.
12.4 No verbal agreement or conversation with any officer,
official, agent or employee of DISTRICT, either before, during or
after the execution of this Covenant, shall effect or modify any
of the terms or obligations herein contained
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