2003-434064RECOR6114 REQUEfiTED BY
When Recorded Mail To: )
District Clerk )
San Dieguito Water District )
505 So. Vulcan Ave. )
Encinitas CA 92024 1
For the Benefit of the District
DOC(., 2003-043400 P01
m
PR 1-5v 2003
OFFICIAL RECORDS S OFFICE
SAN DIEGO COUNTY RECORDIERRECgRDER
GREGORY J. SMITHS COUNTY pO
FEES:'
NOTICE OF COMPLETION
Agreement No AN S) 0-12
Assessor's Parcel No. 254-613-03 & 254-614-03
1VIay 1999 enter
,
1. Carltas Company, a California Limited Partnership, LLC, did on the 6th day of al Approval
on Finled the
into a "Lien Covenant Regarding Real Property: Improvements Required as Condition ent detai
main
of Subdivision of Real Property" with the San Dieguito Water District. fThe eet of Se PvC Las Fter lores in
112 De L
requirements for the construction and installation of 976 feet of 16 and co
along with new services and appurtenances, within the Quail Gardens Drive and Pas
the City of Encinitas. is on file in tb
Said Covenant, including the plans and specifications for said improvements'
2.
Office of the Clerk of the Board of Directors.
3. Said improvements were completed by the owners and accepted by the San
Dieguito W o
District Board of Directors on the 28th day of February, 2000. taro sect
will re
4. Security in the amount of $89,658.75 maybe released at this time. The Dasanty he .o
in the amount of $29,886.25, which shall be released at the end of the one-year
ty
5.' All requirements of said Covenant have hereby been satisfied except for waan
Notie constl
e
Neither acceptance of said improvements b the Board of Directors nor this
6.
warv 'er of any defects in the work of the construction or installation of said impr4o7e1"ents.
SAN DIEGUITO WATEF- DIS_r_F
JC_V
Clerk of the Board
I, Deborah Cervone, Clerk of 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: O
STATE OF CALIFORNIA)
) ss
eborah Cervone, Board Clerk
County of San Diego )
1 C~
On this Q~O day of before me, the undersigned, a Notary
Public in and for said Stat, personally appeared Deborah Cervone, personally known to
me to be the person who executed the within instrument as Board Clerk 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 Board.
WITNESS my hand and official seal.
OFFICIAL SEAL
r • RANDA G. MILLJOUR
NOTARY PUBLIC-CALIFORNIA
e COMM. NO. 1204250
SAN DIEGO COUNTY
R MY COMM. EXP. JAN. 6, 2003
Notary Publi
CITY OF ENCINITAS
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
Meeting Date: June 28, 2000
TO:
VIA:
Board of Directors
Kerry L. Miller, Disti
Lin H. Wurbs, Public
'rom 01 DS
FROM: SDWD Engineering & Planning Department
Bill O'Donnell, Water Utility Planne
SUBJECT: Consideration of Acceptance of Public Water Improvements and Authorization to
File a "Notice of Completion" for Improvements Constructed by Carltas
Company, Located Within Quail Gardens Drive and Paseo De Las Flores.
BACKGROUND: On May 6, 1999, the San Dieguito Water District entered into a "Lien
Covenant Regarding Real Properly: Improvements Required as Condition on Final Approval of
Subdivision of Real Property" with Carltas Company, owner of property located along Quail
Gardens Drive and Paseo De Las Flores. The Covenant 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% retention of security will be held for one year to cover warranty of
improvements.
FISCAL AND STAFF IMPACT: Future expenses will be incurred for maintenance of the new
water improvements. Funds to cover the cost of said maintenance are collected through the sale of
water.
RECOMMENDATION: Accept of public water improvements and authorize the District
Manager to file a "Notice of Completion" for improvements constructed by Carltas Company,
located within Quail Gardens Drive and Paseo De Las Flores.
• CITY OF ENCINITAS
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
Meeting Date: February 24, 1999
TO: Board of Directors
VIA: Lauren M. Wasserman, District Manager p®
W ob Nelson, Public Works Director %;JRRE'CORDS
8Tk
FROM: SDWD Engineering & Planning Department
,Bill O'Donnell, Water Utility Planner ]properly,
SUBJECT: Authorization to Enter Into a "Lien Covenant Regardingbd son of Rai
Improvements Required Condition
Water Improvements Located within ~
Property" with Carltas Company for
Gardens Drive and Paseo De Las Flores. 94-
ce No.
BACKGROUND: On September 28, 1994, the City Council authorized, via Ordinan Con1hany
Th duel is
19, the execution of a Development Agreement between the City of Encinitas and Cetas open
is Plan.
for the development of 853 acres identified in the Encinitas Ranch Specific
prepared to begin the installation of improvements for phase two of the pro-i ect. d 112 feet
ANALYSIS: In order to meet water requirements for the project, 976 feet of e ins a1 ed to provide
of 8-inch PVC water main, along with new services and appurtenances, shall b
domestic and fire flow needs. hardships oY
The District's work force is not geared to install projects of this size without creating o a Covena
normal operations. For this reason, the District has requested that the owner ent toro install ~,at
with the District in which the owner agrees to provide a properly licensed contrac
improvements under District inspection.
~ o'er .agrees
Th
s -
n
The District has been provided with the required information for this project.
bear all costs for improvements and abide by District rules, regulations and specifi0,0110
:ay all inspec
FISCAL AND STAFF IMPACT: The Covenant requires that the owner p 0 f the ne
services provided by the District. Future District expenses for the maintenance the Sale of
improvements will be incurred. Funding for said maintenance is covered throug
«Lien moo.
RECOMMENDATION: Authorize the District Manager to enter into oval o s b&
APPIC Qual
Regarding Real Property: Improve enR RequCondition on Final ired as
of Real Property" with Carltas Company for water
Drive and Paseo De Las Flores.
tneORIGINAL OF THIS DOCUMENT.
WAS RECORDED ON MAY 10, 1999
DOCUMENT NUMBER 1999-033691.8
Recording requested by: ) GREGORY J. SMITH, COUNTY RECORDER
SAN DIEGO COUNTY RECORDER'S OFFICE
When Recorded Mail To: ) TIME: 12406 FM
District Clerk )
San Dieguito Water District )
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
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. 2.54-613-03 & 254-614-03 Project No.: TM 94-066
Agreement No.: A-0032
A. Carltas Company a California Limited Partnership
("SUBDIVIDER" hereinafter) is the owner of real property which is
commonly known as Encinitas Ranch II (TM 94-066) ("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
("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.
g:sdwd\eng\forms\liencov.doc
r e
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. Failureof _ 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. 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
i
ACCEPTED AND AGREED.
Dated
SUBDIVIDER
tias mpaiiy
lifo nia Limited Partnership
(Notarization of SUBDIVIDER signature is attached.)
Dated
(Notarization not required)
SAN DI UITO WATER DISTRICT
~~txrerr~f--in7asserman Robert T. Acker
District Manager
g:sdwd\eng\forms\liencov.doc
CALIFORNIA ALL-PURPLiE ACKNOWLEDGMENT
State of 0/ Llale ~ i A
County of ~ t\; -D 1 L- 7--,
On 1:-'~620 eV 5, l y gi q before me, A))0 i A_ Y Pa6Z_1(
Date Name and Title of Officer (d.g., "Jane Doe, Notary Public")
personally appeared C?l~a2f ST~~Hz 0 ; OALK i/J S
Name(s) of Signer(s)
personally known to me aGia of satisfacton=~nce_to be the persons
/ whose name0Tere subscribed to the within instrument
and acknowledged to me that(f~sh DY executed the
same intfCoh®rfthelr authorized capacity.(ies), and that by
KAREN A- PHELPS s e0their signature on the instrument the person(,
~taComrnis_slon#1169873 z or the entity upon behalf of which the person,(s}acted,
Z Notary Pubiic -California a executed the instrument.
rs
z San Diego County
My Comm. Expires Jan 16, 2002
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
ter ~
7itle-or Tvpe of Document:
,
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Trustee _
❑ Guardian or Conservator
❑ Other: Top of thumb here
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney-in-Fact
Signer's Name: _
Number of Pages:
❑
Individual
❑
Corporate Officer
Title(s):
❑
Partner - ❑ Limited ❑ G
❑
Attorney-in-Fact
❑
Trustee
❑
Guardian or Conservator
❑
Other:
Signer Is Representing
Signer Is Representing:
0 1994 National Notary Association - 8236 Remmet Ave., 'P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800.876-6827
ATTACHMENT A TO
LIEN COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY.
PROJECT NO. TM 94-066
PROPERTY DESCRIPTION
LOTS 51 AND 56 OF ENCINITAS TRACT NO.94-066, UNITS 4, 5 AND 6, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 13356, FILED IN THE OFFICE OF THE _COUNTY RECORDER
OF SIGN DIEGO, SEPTEMBER 4, 1996.
g:sdwd\eng\forms\liencov.doc
i
ATTACHMENT B TO
LIEN COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY.
PROJECT NO. TM94-066
SUBDIVIDER'S DUTIES AND OBLIGATIONS
SUBDIVIDER: Carltas Company
Tract or Parcel Map Number TM 94-066
Name of Subdivision: Encinitas Ranch II
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
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.
g:sdwd\eng\forms\liencov.doc-
1.106 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 thedate 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 an 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:
A)
16-inch PVC Main
9761f
$
76,
128.00
B)
8-inch PVC Main
1121f
$
5,
600.00
C)
16-inch Gate Valve
2ea
$
8,
400.00
D)
8-inch Gate Valve
2ea
$
3.
400.00
E)
1-inch MAR
lea
$
1,
400.00
F)
2-inch MAR
Sea
$
5,
500.00
G)
2-inch Blow-off
Sea
$
2,
250.00
H)
Fire Hydrant
2ea
$
6,
000.00
I)
10% Contingencies
$
10.
867.80
Total Cost Estimate:
$
119,
545.80
1.09
IMPROVEMENT SECURITY:
A)
100% of Cost Estimate
$ 119,545.00
1.10
MISCELLANEOUS COSTS:
$ -0-
g:sdwd\eng\forms\liencov.doc
1.11 CAPACITY CREDIT: (OFFSETS NEW CAPACITY FEES ONLY)
Account Number SDWD SDCWA
A) $ $
B) $ $
C) $ $
D) $
Total Capacity Credit$< 0 0 >
1.12 SDWD METER FEES:
Installation Capacity
A) $ $
B) $ $
C) $ $ .
D) $ $
E) $ $
Capacity Credit (Refer to Seca 1:11) 0 >
Totals $ 0 $ 0
Total Meter Fees: $ 0
1.13 SDCWA CAPACITY FEES:
Capacity
A) $
B) $
C) $
D) $
E) $
Capacity Credit (Refer to Sec. 1.11) 0 >
Total Capacity Fees $ 0
1.14 CAPACITY FEE: (FIRE)
A) $
B) $
Total Capacity Fees: $ 0
1.15 INSPECTION DEPOSIT: $ 2,700.00
1.16 DEPOSITS & FEES:
Engineering Fees $ 0
SDWD Meter Fees $ 0
SDCWA Capacity Fees $ 0
Fire Capacity Fees $ 0
Inspection Deposit $ 2,700.00
*TOTAL ESTIMATED DEPOSITS & FEES REQUIRED: $ 2,700.00
9
g:sdwd\eng\forms\liencov.doc
. r
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 be 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.
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
g:sdwd\eng\forms\liencov.doc
1
by this Covenant not later than February 24, 2000 and shall complete
the improvements no later than February 24, 2002. In the event good
cause 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.
2.4 SUBDIVIDER shall notify the District Engineer in writing at
least 15 days prior to the commencement of work hereunder. No
g:sdwd\eng\forms\liencov.doc
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 INSPECTION/ACCEPTANCE OF IMPROVEMENTS
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
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.
g:sdwd\eng\forms\liencov.doc
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
a
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
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
g:sdwd\eng\forms\liencov.doc
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 100.0 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
10% 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 100% of the total estimated increase in
the construction cost of the improvements. The amount of the
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 suf f icient 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 obligat'ion' 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
g:sdwd\eng\forms\liencov.doc
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
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,
g:sdwd\eng\forms\liencov.doc
officers or representatives. Upon demand, SUBDIVIDER shall, at
its 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
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.
7.4 By approving the improvement plans, specifications and
design; by inspecting or approving the improvements; or by
g:sdwd\eng\forms\liencov.doc
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
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.
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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:
Carltas Company
5600 Avenida Encinas, Suite 100
Carlsbad, CA 92008
10.0 SUBDIVIDER'S CERTIFICATION OF AWARENESS OF
IMMIGRATION 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 H 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.
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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
of Industrial Relations presently disagrees with the position.
-----taken-by the--Office of --theAttorney--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
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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
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.
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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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