2000-630829E
4
2000-39
Recording Requested By: )
San Dieguito Water District ) OFFICIAL RECORDS
SRN DIEGO COUNTY RECORDER'S OI=VICE:
When Recorded Mail to: ) GREGORY J. SMITH, COUNTY RECORDER
San Dieguito Water District ) FEES: 38.00
P.O. Box 231010 )
Encinitas,; CA 92023-1010 ) SPACE ABOVE FOR RECORDER'S USE
\A AGREEMENT TO IMPROVE DEVELOPMENT - WATER FACILITIES
Assessor's Parcel
Nos. 254-614-01,02
AGREEMENT NO. A-0043
05 & 257-020-01
THIS AGREEMENT is made and entered into this Z day of
IvCJ,3t Itr 2000, by and between San Dieguito Water
District, hereinafter called District, and Encinitas Ranch LLC,
Strategic Capital Resources, Inc., and D.R. Horton San Diego
Holding Company Inc., hereinafter called Owner.
A. In the near future, Owner desires to install a temporary
water main and appurtenances to service his property.
B. The parties desire, by this Agreement, to provide for the
construction of such facilities.
NOW THEREFORE, it is agreed:
1. Owner hereby agrees, at his own cost and expense, to
furnish all labor, equipment, and material to perform and complete
work in a good workmanlike manner, according to the plans attached
hereto and made a part of this Agreement, and in accordance with
other special conditions noted in District Exhibit "B" on file at
the office of District and any other plans or specifications
referred to in this . Agreement, the following subdivision
improvements; water facilities as shown on.the attached plans and
in accordance with District's standard specifications and any
other plans or specifications referred to by this Agreement or
referred to in the attachments. (Exhibit "A Exhibit "B";
Improvement Security; and Certificate of Insurance, etc.)
2. Owner agrees that the work shall be done by a Class "A"
or "C-34 licensed contractor, and that the work shall be subject
to inspection by and to the satisfaction of District and the
improvement shall not be deemed complete until approved and
1
accepted in writing by the District. The estimated cost of said
temporary water facilities in the sum of $266,156.00. Owner's
obligation under this Agreement" extends to the completion of
improvements, as hereinabove set forth, and is not limited by the
amount of the cost estimate. Owner further agrees that the cost
estimate is an estimate only, not intended to constitute
liquidated damages or a limitation on the obligations of Owner.
District shall be allowed to inspect the _facilities during all
stages of construction. District shall be notified a minimum, of
48 hours prior to the commencement of construction.
3. _ Owner agrees that the water improvements installed
under this Agreement are temporary. The Owner shall install
permanent improvements acceptable to the District and then
disconnect the temporary improvements prior to
OAP w)ORY' c.Ob k If the permanent improvements are
not installed y the aforementioned date, the Owner will be
required to put the water system back to pre-existing conditions
acceptable to the District. If the Owner can not or will not do
this, then the District will use the Security per Exhibit "B",
placed by the Owner to pay the costs needed to return the water
system to pre-existing conditions. The deadline for installing
the permanent water improvements may be extended by the District
Manager or his designee.
4. Owner shall convey to District easements, using the
District Form of Easement covering the property in which the water
facilities are located at all instances where the facilities are
not located in a dedicated street. Owner shall have his. Engineer
provide District with a legal description and an 8 1/2" x 11" plat
of easements. The plat shall be a reproducible transparency with
District's title block and shall fully locate and describe the
easement.
5. Owner shall pay to District
Agreement and prior to commencement of
amount of the cash deposit set forth in
engineering, construction inspection,
materials furnished and for other Di
charges.
upon execution of this
any work hereunder, the
District Exhibit "B" for
right-of-way expenses,
strict work and special
6. Owner shall, at Owner's expense, obtain all necessary
permits and licenses for the construction of the water
improvements and give all necessary notices and pay all fees and
taxes required by law.
2
7. The water facilities constructed by Owner shall be
connected by Owner to the existing water lines of District in a
manner approved by District. If water facilities are constructed
in private streets, the streets shall be curbed and/or constructed
such that no damage to paving, structures or landscaping will
result from full flow fire hydrant testing or from failure of
District's water facilities. The developer and/or contractor
shall submit a shutdown request to the San Dieguito Water District
at least seven (7) calendar days in advance of a shutdown. A
detailed written procedure including a list of personnel, name of
supervisors and equipment to be used shall also be submitted to
the San Dieguito Water District. The procedure, including
personnel, supervisors and equipment, must be approved by the San
Dieguito Water District prior to scheduling the shutdown. The
District can cancel any previously approved shutdown due to the
weather and/or system operation considerations.
8. District shall not, nor shall any officer or employee
of District be liable or responsible for any accident, loss or
damage happening or occurring to the work or improvements
specified in this Agreement, nor shall District, nor any officer
or employee of District, be liable for any persons or property
injured by reason of said work or improvements, but all of said
liabilities shall be assumed by Owner, who agrees to indemnify and
save harmless District and the officers and employees of District
from and against any and all claims, demands, losses, costs, and
causes of action of any nature, and any expense incident to,
defense thereof (including attorney's fees), for injury to or
death of persons or damage to property arising out of the
construction of the water facilities. Owner further agrees to
protect District and the officers and employees of District from
all liability or claims because of, or arising out of, the use of
any patent or patented article in the construction of said
improvements. The Owner shall cause the contractor to file with
the District "Certificates of Insurance" indicating that the
following coverage is in effect:
a.) An original certificate of insurance naming the San
Dieguito Water District as certificate holder and
additionally insured with a minimum public liability limit of
$1,000,000 for each occurrence and aggregate for combined
bodily injury and property damage.
9. District shall not, nor shall any officer or employee
of District, be liable for any portion of the expense of the
aforesaid work or for the payment of any labor or materials
furnished in connection therewith.
3
10. Owner shall furnish to District good and sufficient
security in the form of cash deposit, a letter of credit or other
security as approved by the.District in the amount of 100% of the
estimated costs of improvements, to assure faithful performance of
this Agreement in regards to said improvements.
11. District may make changes, alterations or additions to
the improvement plans and specifications, not-to-exceed 10% of the
original estimated costs of the improvements. Owner shall provide
additional security in a form satisfactory to the District, in an
amount equal to 100% of the total estimated cost of the
improvements, as changed, altered or amended; this amount may be
adjusted by the amount of work completed and any partial releases
already made. All such changes, alterations, or additions shall
not relieve the Owner of his improvement security given for the
faithful performance of this Agreement.
12. In the event it is deemed necessary' to extend the time
of completion of the work contemplated to be done under this
Agreement, said extension may be granted by District and shall in
no way affect the validity of this Agreement or release the
improvement security given for the faithful performance of this
Agreement.
13. In the event of an emergency, District may make the
repairs and Owner shall be liable for expenses incurred. In the
event. Owner fails to comply with District°s request for correction
within one week after being notified in writing by District,
District is hereby authorized to proceed to have the defects
repaired and make good at the expense of Owner, who hereby agrees
to pay the cost and charges therefore, immediately upon demand.
In the event District elects to repair the defective work, such
action by District will not relieve Owner of the guarantees
provided in this paragraph.
14. The plans provided for in this contract conform to the
current standards of the San Dieguito Water District. The
developer will be required to conform to the standards applicable
on the date upon which construction is commenced.
15. Owner agrees to install water facilities as called for
on signed improvement plans.
4
IN WITNESS WHEREOF, the parties have caused this Agreement, to be
executed the day first above written.
SAN DIE _,;TO WATER DISTRICT
ZX
e r/y L. 19 it er a
District Manager
OWNS /D V
Enci as Ranch LLC Date
r° a w
Strategic Capita Resources Date
jL i)
D.R. Horton San Diego Date
Holding Company Inc.
Agree:\07/01/93
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of S(w- iV
On before me, ~-~Mkv-w~~~~
Date Name and Tit. of Officer (e.g., "Jane Doe, Notary Public")
personally appeared gak 'D W ~
Name(s) of Signer(s)
personally known to me
` d proved to me on the basis of satisfactory
evidence
KIMBERLY M. JONES
t . ~Iselon # 1128371
M~ ~ F '"`IIC - CaYfdINO
Scan Dlepo County
M Comm Expires Mar 5 2m1
to be the person( whose name(s)-
subscribedto the within instrument and
acknowledged to me that he/siey executed
the same in his/her/their authorized
capacity(Ws), and that by his/h44tKARr
signatures on the instrument the person(; or
the entity upon behalf of which the persono)_
acted, executed the instrument.
Y WITNESS my hand and official seal.
vv~ V_ JIMA , N , ~4~_
Place Notary Seal Above Sign re of Notary Publi
OPTIONAL
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
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOIE, ACKNOWLEDGMENT
State of CA 4Wi= d/l u r i4
County of 6 AJ k.D/- tE & 0
On NV AtN ,~-L?D 0 before me, VA9&AA& 77bf» EAl B»-l,. V _
Date Name and Title of Officer (e.g., "Jane Doe, N ary Public")
personally appeared r ez.~M 071A.1--S
Name(s) of Signer(s)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/aye subscribed to the within instrument
and acknowledged to me that he/s4e* ey executed the
same in his/her/their authorized capacity(ies), and that by
his/he#t+ietr signature(s) on the instrument the person(s),
o,rq~ BARBARA M. TH SEN or the entity upon behalf of which the person(s) acted,
o-, COMM. #1221266
executed the instrument.
9 NOTARY PUBLIC-CALIFORNIA U)
SAN DIEGAO000NTY 0
My Commission Expires WITNESS my hand an _official seal.
MAY 24, 2003
Sign ure of Notary Public
OPTIONAL
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
1 Ur i ~PmF. r
Title or Type of Document: AaGe~;7Ajr 7c-) 1 m PPeUUf,
Document Date: Number of Pages:
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name: L4120r d. &MM I J 65
Signer's Name:
❑ 1 dividual
2"Corporate Officer
Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Attorney-in-Fact
Trustee _
❑ Guardian or Conservator
❑ Other: Top of thumb here
Signer Is Representing:
❑
Individual
Corporate Officer
Title(s):
Partner - ❑ Limited ❑ General
Attorney-in-Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Top of thumb here
0 1994 National Notary Association - 6236 Remmet Ave„ P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: uair iou-t-ree rbuu-brb•bbzi
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On before Me, Stacie Donahue, Notary Public ,
personally appeared John D. Kerr, Jr., Vice President,
DR Horton San Diego Holding Company, Inc. ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose
name(s) are/is subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and offi ial seal.
Signat a (SEAL)
OFFICIAL SEAL
STACIE DONAHUE t
NOTARY PUBLIC-CALI1-ORNIA23
COMM. N0..1196335
SAN DIEGO COUNTY
•a~N' MY COMM. EXP. SEPT. 14, 2002
EXHIBIT "B"
Project Name: South Mesa Temporary Waterline
1. The Owner/Developer to provide for the installation of the
below listed water facilities.
2. No facilities will be installed prior to the execution of
Agreement to Improve Development Water Facilities.
3. No facilities will be installed prior to the acceptance by
the District of: (a.) Good and Sufficient Security (b.)
Certificate of Insurance.
4. Improvement plans shall not be signed as approved by the
District, prior to the stipulations spelled out in
Paragraphs 1 through 4, with the exception of fees and
deposits designated by the asterisk which are required
prior to installation/construction.
5. Developer to provide for compaction testing per requirements
of San Dieguito Water District.
6. Developer to provide for construction staking and
surveying for the proposed water facilities.
7. INSTALLATIONS:
a.) 16" PVC Pipe $ 389,820
b.) $
C.) $
d.) $
e.) $
f.) $
g-) $
h.) $
i.) loo Contingency $ 38,982
Total Estimate:
8. IMPROVEMENT SECURITY:
a.) Improvement of Security, 100%
9. MISCELLANEOUS COSTS:
$ 428,802
8 428.802
$ -0-
10. CAPACITY CREDIT: (OFFSETS NEW CAPACITY FEES ONLY)
Account Number SDWD SDCWA
a.)
b.)
C.)
d.)
Total Capacity Cre
t:
0
>
0
>
Page 1 of 3
EXHIBIT "B"
11. SDWD METER FEES: Installation Capacity
a.) $ $
b.) $ $
c.) $ $
d.) $ $
e.) $ $
Capacity Credit (Refer to No, 10 >
Totals $ 0 $ 0
Total Meter Fees: $
12. SDCWA CAPACITY FEES: Capacity
a.) $
b.) $
C.) $
d.) $
e.) $
Capacity Credit (Refer to No. 11) 0 >
Total Capacity Fees: $
13, CAPACITY FEE: (FIRE)
a.) $
b.) $
Total Capacity Fee: $
14. INSPECTION: (ESTIMATE DEPOSIT) $ 4,500
15. DEPOSITS & FEES:
Engineering Fees $ 0
SDWD Meter Fees $ 0
SDCWA Capacity Fees $ 0
Fire Capacity Fees $ 0
Inspection Deposit $ 4,500
Conservation Offset Deposit $ 0
*TOTAL ESTIMATED DEPOSITS & FEES REQUIRED: $ 4,500
0
0
0
Page 2 of 3
EXHIBIT "B"
16. The above figures for deposits are estimates only and may
vary accordingly. Upon completion of installation, cost
will be computed and billing or refund will be issued to
your firm.
17. In the event the 90-day period elapses from date of Exhibit
"B", the above estimated deposits and fees must be revised
and are subject to the condition of agreement with San
Dieguito Water District.
ACCEPTANCE
t,rER 11 SAN D EGU 0 TER DISTRICT WNE /Drr L. M11 er Encinitas Ranch LLC Da e
is rict Manager
1A 13~~w
Strategic Capital Resources Date
-3 6z)
D.R. Horton San Diego Date
Holding Company Inc.
District Manager
Page 3 of 3
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