2003-434065DOC ~ 2005
`j'3 0RD1N(3 REQUF-STED By
;APR 15, 2003 4:03 PM
When Recorded Mail To:
)
OFFICIO. RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
District Clerk
)
i GKGORY J. SMITH, CITY RECORDER
San Dieguito Water District
)
i FEES: 0.00
505 So. Vulcan Ave.
Encinitas, CA 92024
For the Benefit of the District
NOTICE OF COMPLETION
Assessor's Parcel No. 216-053-60,61,62
Agreement No. A-0033
1. Sheridan Homes LLC, did on the 30th day of March, 1999, enter into a "Lien Covenant Regarding
Real Property: Improvements Required as Condition on Final Approval of Subdivision of Real Property"
with the San Dieguito Water District. The Agreement detailed the requirements for the construction and
installation of 28 feet of 8" and 188 feet of 4" PVC water main, along with new services and
appurtenances, within Sheridan Road in the City of Encinitas.
2. Said Covenant, 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 owners and accepted by the San Dieguito Water
District Board of Directors on the 26th day of January, 2000.
4. Cash in the amount of $12,750.00 may be released at this time. The District will retain cash in the
amount of $4,250.00 which shall be released at the end of the one-year warranty period.
5. All requirements of said Covenant have hereby been satisfied except for warranty.
6. Neither acceptance of said improvements by the Board of Directors nor this Notice constitute a
waiver of any defects in the work of the construction or installation of said improvements.
Dated~20
SAN DIEGUITO WATER DISTRICT
40, Lew a 01
Clerk of the Board
f:\notice of completion\notcomp 10. doe
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.
R
Date Q
t
eborah Cervone, Board Clerk
STATE OF CALIFORNIA)
) ss
County of San Diego)
tom.C~9 /
On this / day of 19 , before me, the undersigned, a Notary
Public in and for said State, 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.
&6;`~,;;.rt OFF=MILLJOUR
RANDA . NOTARY PUBLIC- CALIFORNIAM
COMM. NO. 1204250
SAN DIEGO COUNTY
All N01 ' MY COMM. EXP. JAN. 6, 2003
Notary Pub c
CITY OF ENCINITAS
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
Meeting Date: January 26, 2000
From Cityclem
TO: Board of Directors
VIA: Kerry L. Miller, District Man qr Lin H. Wurbs, Interim Public cs Director
FROM: SDWD Engineering & Planning Department
Oill O'Donnell, Water Utility Planner
SUBJECT: Consideration of Acceptance of Public Water Improvements and Authorization to
File a "Notice of Completion" for a Three-Lot Subdivision Developed by
Sheridan Homes, LLC, Located on the South End of Sheridan Road (APNs 216-
053-60,61,62).
BACKGROUND: On March 30, 1999, the San Dieguito Water District entered into a "Lien
Covenant Regarding Real Property: Improvements Required as Condition on Final Approval of
Subdivision of Real Property" with Sheridan Homes LLC, owner of property located at the south
end of Sheridan Road. 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 public water improvements and authorize the District
Manager to file a "Notice of Completion" for a three-lot subdivision developed by Sheridan
Homes, LLC, located on the south end of Sheridan Road.
CITY OF ENCINITAS
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
Meeting Date: March 24, 1999
TO: Board of Directors
FonyOURRECORDS
VIA: James F. Benson, Assistant District Manager From CityClerk
,Bob Nelson, Public Works Director
FROM: SDWD Engineering & Planning Department
Bill O'Donnell, Water Utility Planner
SUBJECT: Authorization to Enter Into a "Lien Covenant Regarding Real Property:
Improvements Required as Condition on Final Approval of Subdivision of Real
Property" with Sheridan Homes, LLC, for Property Located on the South End of
Sheridan Road, APN 216-053-09.
BACKGROUND: On August 21, 1998, the City of Encinitas Community Development
Department approved a three-lot tentative parcel map located along Sheridan Road. The owner is in
the process of finalizing the map.
ANALYSIS: In order to meet water requirements for the project, 28 feet of 6-inch and 188 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 a Covenant
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
bear all costs for improvements and abide by District rules, regulations and specifications.
FISCAL AND STAFF IMPACT: The Covenant requires all inspection services provided by
the District to be paid for by the owner. 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 a "Lien Covenant
Regarding Real Property: Improvements Required as Condition on Final Approval of Subdivision
of Real Property" with Sheridan Homes, LLC, for property located on the south end of Sheridan
Road, APN 216-053-09.
~ 1. -0245255
.3042
APB' 13 a 1999 9:52 A
Recording requested by:
When Recorded Mail To:
District Clerk )
San Dieguito Water District
505 S'. Vulcan Avenue )
Encinitas, CA 92024 )
OFFICIAL RECORDS-
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 80.00
1999-0246266
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
Nos.216-053-09
Project No.: TPM 98-117
Agreement No.: A-0033
A. Sheridan Homes LLC a California Limited Liability Company
("SUBDIVIDER" hereinafter) are the owners of real property which is
commonly known as APN 216-053-09 ("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
g:sdwd\eng\forms\liencov.doc
3043
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.
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
t
3044
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
n
~ its
304
ACCEPTED AND AGREED.
SUBDIVIDER
KY -
Dated 19 91?
jr^- ?/If 4+l~/
Jos Addison, President
Sheridan Homes, LLC
(Notarization of SUBDIVIDER signature is attached.)
SAN DIEGUITO WATER DISTRICT
Dated ✓`~U 9 % b
~atzr~n-M--6dasserrrtarr Robert T. Acker
District Manager
(Notarization not required)
g:sdwd\eng\forms\liencov.doc
t ,
3U4U
CALIFORNIA ALL-PURP~ sE ACKNOWLEDGMENT
State of California
County of San Diego
On February 3, 1999 before me, Nancy M. Reyes, a notary public*
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared Joshua Addison* * * * * * * * * * * * * * * * * * * *
Name(s) of Signer(s)
93 personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(o) whose name( is/,afq subscribed to the
NANCY M. REYES within instrument and acknowledged to me that heAhe~trpy
Commission #1102875 C
m ,-ws executed the same in his/,hk~'/'qlr/authorized capacity(i),
Notar
San y Public Diego - County California 4 N
> and that by his/~1¢r/thrs/r signature($) on the instrument the
My Commission Exp. JUNE 23, 2000 person($), or the entity upon behalf of which the person(
acted, execute~fUtrument.
WITNESS my hand and off iNal seal.
Public
OPTIONA~
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
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee _
❑ Guardian or Conservator
❑ Other: Top of thumb here
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee _
❑ Guardian or Conservator
❑ Other: Top of thumb here
Signer Is Representing
Signer Is Representing:
0 1996 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
~ 304
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:
PARCEL A
ALL THAT PORTION OF THE SOUTH HALF OF SECTION 33, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
APPROVED OCTOBER 25, 1875, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID TOWNSHIP 12 SOUTH,
SAID POINT BEING SHOWN ON MAP NO. 2063 OF AVOCADO ACRES NO. 3, RECORDS
OF SAN DIEGO COUNTY, AS, THE SOUTHWESTERLY CORNER OF LOT 23; THENCE
ALONG THE WESTERLY LINE OF SAID AVOCADO ACRES NO. 3 NORTH 0001'45"
WEST A DISTANCE OF 354.95 FEET TO' THE SOUTHEASTERLY CORNER OF THAT
PORTION OF SAID SECTION 33 CONVEYED BY SOUTH COAST LAND COMPANY TO
JESSE E. SIMPSON AND CECIL D. SIMPSON BY DEED DATED DECEMBER 6, 1928
AND RECORDED IN BOOK 1571, PAGE 279 OF DEEDS, RECORDS OF SAN DIEGO
COUNTY; THENCE ALONG THE SOUTHERLY LINE OF THE PROPERTY SO CONVEYED TO
SIMPSON, SOUTH 74°13'45" WEST A DISTANCE OF 248.84 FEET TO THE
SOUTHWESTERLY CORNER THEREOF; THENCE ALONG THE SOUTHERLY PROLONGATION
OF THE WESTERLY LINE OF SAID SIMPSON PROPERTY SOUTH 15045'45" EAST A
DISTANCE OF 298.56 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID
TOWNSHIP 12 SOUTH, SAID LINE BEING ALSO THE NORTHERLY LINE OF LOT 24
OF AVOCADO ACRES NO. 3, AS SHOWN ON SAID MAP NO. 2063; THENCE ALONG
SAID SOUTHERLY LINE OF TOWNSHIP 12 SOUTH, NORTH 89058'45" EAST (RECORD
NORTH 89058'30" EAST) A DISTANCE OF 158.71 FEET TO THE POINT OF
BEGINNING.
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF
UTILITIES (INCLUDING WITHOUT LIMITATION, CONDUITS, PIPES, POLES,
SEWERS, TELEPHONE, GAS, AND ELECTRICAL LINES) AND THE INSTALLATION AND
MAINTENANCE OF DRAINAGE FACILITIES (INCLUDING WITHOUT LIMITATION
SURFACE DRAINAGE FACILITIES) AND TOGETHER WITH INGRESS AND EGRESS OVER
AND ACROSS THE EASEMENT AREA FOR THE PURPOSE OF INSTALLING AND
MAINTAINING SUCH UTILITIES AND DRAINAGE FACILITIES OVER, UNDER, ALONG
AND THROUGH THE WESTERLY 20.00 FEET OF PARCEL 1 OF THE LAND DESCRIBED
IN QUITCLAIM DEED TO GRACE M. CANNING AS TRUSTEE OF THE GRACE M.
CANNING DECLARATION OF TRUST DATED DECEMBER 1, 1995, SAID QUITCLAIM
DEED BEING RECORDED DECEMBER 4, 1995 AS DOCUMENT NO. 1995-0549192 OF
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY
3043
ATTACHMENT "A"
SAID EASEMENT BEING A PORTION OF THE SOUTH HALF OF SECTION 33,
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, UNITED STATES GOVERNMENT
SURVEY APPROVED OCTOBER 25, 1875 AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHERLY LINE OF SAID TOWNSHIP 12 SOUTH
SHOWN ON MAP NO. 2063 OF AVOCADO ACRES NO. 3, RECORDS OF SAN DIEGO
COUNTY, AS BEING THE SOUTHWESTERLY CORNER OF LOT 23; THENCE ALONG THE
WESTERLY LINE OF SAID AVOCADO ACRES NO. 3, NORTH 0001'45" WEST A
DISTANCE OF 354.95 FEET TO THE POINT OF BEGINNING OF SAID ABOVE
MENTIONED PARCEL 1; THENCE CONTINUING ALONG SAID WESTERLY LINE OF
AVOCADO ACRES NO. 3, NORTH 0001'45" WEST A DISTANCE OF 261.77 FEET TO
THE SOUTHEASTERLY CORNER OF THE TRACT OF LAND CONVEYED BY SOUTH COAST
LAND COMPANY TO T.S. REED BY DEED DATED DECEMBER 14, 1927 AND RECORDED
IN BOOK 1398, PAGE 455 OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE
SOUTH 74013'45" WEST ALONG THE SOUTHERLY LINE OF SAID REED'S LAND AND
ITS WESTERLY PROLONGATION A DISTANCE OF 319.68 FEET TO THE TRUE POINT
OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE SOUTH 15043'45"
EAST A DISTANCE OF 251.97 FEET, MORE OR LESS, TO AN INTERSECTION WITH
A LINE THAT BEARS SOUTH 74013'45" WEST A DISTANCE OF 248.84 FEET FROM
THE TRUE POINT OF BEGINNING OF SAID ABOVEMENTIONED PARCEL l; THENCE
ALONG SAID LINE NORTH 74013'45" EAST, 20.00 FEET; THENCE PARALLEL WITH.
AND 20.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID PARCEL 1, NORTH
15043'45" WEST 251.97 FEET TO A POINT ON THE NORTHERLY LINE OF SAID
PARCEL 1; THENCE SOUTH 74013'45" WEST 20.00 FEET TO THE TRUE POINT OF
BEGINNING.
3049
ATTACHMENT B TO
LIEN COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY.
PROJECT NO. TPM 98-117
SUBDIVIDER'S DUTIES AND OBLIGATIONS
SUBDIVIDER: Sheridan Homes, LLC
Tract or Parcel Map Number : TPM 98-117
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 •
3050
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.
1.08SUBDIVIDER 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
305
A)
6" gate valve
1
ea.
$
1,
700.00
B)
4" PVC water main 188
lf.
$
5.
076.00
C)
6" PVC water main
28
lf.
$
1,
400.00
D)
1" water service
6
ea.
$
3,
600.00
E)
Fire hydrant
1
ea.
$
3,
000.00
F)
2" MAR
1
ea.
$
1,
000.00
G)
$
H)
$
I)
$
J)
$
K)
10% Contingencies
$
1,
577.60
Total Cost Estimate:
$
17,
353.60
1.09 IMPROVEMENT SECURITY:
A) 100% of Cost Estimate
1.10 MISCELLANEOUS COSTS:.
1.11 CAPACITY CREDIT: (OFFSETS NEW CAPACITY FEES ONLY)
Account Number SDWD SDCWA
A) $ $
B) $ $
C) $ $
D) $ $
Total Capacity Credit$< >
1.12 SDWD METER FEES:
$ 17,353.00
Installation Capacity
A) 3/4" meter 3ea $ 480.00 $ 6;000.00
B) $ $
C)
D)
E)
Capacity Credit
$ $
$ $
(Refer to Sec. 1.11) >
Totals $ 480.00 $ 6,000.00
Total SDWD Meter Fees: $ 6,480.00
g:sdwd\eng\forms\liencov.doc
I
30 524
~1.13 SDCWA CAPACITY FEES:
Capacity
A) 3/4" meter 3ea $ 4,755.00
B) $
C) $
D) $
E) $
Capacity Credit (Refer to Sec. 1.11) >
Total Capacity Fees: $ 4,755.00
1.14 CAPACITY FEE: (FIRE)
A)
B)
Total Capacity Fees: $ -0-
1.15 INSPECTION DEPOSIT:
$ 1,000.00
1.16 DEPOSITS & FEES:
Engineering Fees
SDWD Meter Fees
SDCWA Capacity Fees
Fire Capacity Fees
Inspection Deposit
$
-0-
$
6,480.00
$
4,755.00
$
-0-
$
1,000.00
*TOTAL ESTIMATED DEPOSITS & FEES REQUIRED : $ 12,235.00
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
r` 3053
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 January 20, 2000 and shall complete
g:sdwd\eng\forms\liencov.doc
the improvements no later than January 20, 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.
g:sdwd\eng\forms\liencov.doc
30~~
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
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 thesatisfaction
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.
g:sdwd\eng\forms\liencov.doc
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.
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
g:sdwd\eng\forms\liencov.doc
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
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
g:sdwd\eng\forms\liencov.doc
3058
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 100% 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 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 2.5% 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.
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6.0 CURING OF DEFAULTS
3059
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 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.
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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, 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
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3061
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
condemnationof 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 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
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I
{ 3062
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.
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E_ 3063
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:
Josh Addison
P.O. Box 22562
San Diego, CA 92192
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)
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306<*
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 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
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3005
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 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.
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3006
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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