Loading...
2003-873275RECORDING REOUESTEED 13Y ) When Recorded Mail To: ) ~p District Clerk ) San Dieguito Water District ) 505 So. Vulcan Ave. ) Encinitas, CA 92024, For the Benefit of the District DOCK 2003-0873275 JUL 22!, 2003 4-:15 pll OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES. Oaaa NOTICE OF COMPLETION Assessor's Parcel No. 254-052-12&13, 254-101-7&24, 254-102-51 Agreement No. A-0045 1. Greystone Homes, Inc. a Delaware Corporation, did on the 30th day of January, 2001, 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 47 dual water services, 3 new fire hydrants, 4-2" blow off, 5 Manual Air Releases, within the public road known as Sanford Street 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 16th day of July, 2003. 4. Subdivision Bond No. 11133583002 from The American Insurance Company in the amount of $162,000.00 may be released at this time. 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. Datej~-~ 0 03 SAN DIEGUITO WATER DISTRICT (Llt Dz',~ Ll 4 4 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: U a a -V- Deborah Cervone, Board Clerk STATE OF CALIFORNIA) ) ss County of San Diego) On 20~~, before me, Alv'q x"01--wr , 4"'0.4- /L personally appeared V-9,f eWW C6C VV AIC , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) w AT e name(s) ( are subscribed tote within instrument and acknowledged to me that he she they executed the same in his er heir authorized capacity(ies), and that by his er heir 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 official seal. RANDA G. MILLJOURl Commiss(on #1389205 < a Lt 8 Rotary Pubk • California Ci~C e Sari ofto County Notary f ublic Exp• Jan. 6, 2007 1. ~ CITY OF ENCINITAS SAN DIEGUITO WATER DISTRICT AGENDA REPORT Meeting Date: July 16, 2003 TO: Board of Directors VIA: Kerry L. Miller, Dist t c e Lin H. Wurbs, Publi r s Directo FROM: SDWD Engineering & Planning Department Bill O'Donnell, Senior Engine SUBJECT: Consideration of Acceptance of Public Water Improvements and Authorization to File a "Notice of Completion" for Improvements Constructed Greystone Homes, Inc. a Delaware Corporation, for Property Located along Sanford Street (APNs 254-052-12&13, 254-101-7&24, 254-102-51). BACKGROUND: On January 30, 2001, 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 Constructed Greystone Homes, Inc. a Delaware Corporation, owner of property located along Sanford Street. The Covenant detailed the requirements for the construction and installation of certain public water improvements. ANALYSIS: The potable water improvements were installed in accordance with District approved plans and specifications, under District inspection. A 25% retention of security will be held for one year to cover warranty of potable water improvements. FISCAL AND STAFF IMPACTS: 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 or their designee to file a "Notice of Completion" for improvements constructed by Greystone Homes, Inc. a Delaware Corporation, located along Sanford Street. \ F CITY OF ENCINITAS SAN DIEGUITO WATER DISTRICT AGENDA REPORT Meeting Date: April 25, 2001 TO: Board of Directors I,1 VIA: Kerry L. Miller, District Se t Lin H. Wurbs, Public Work rector ~4J 16, p FORYOURAEC®RDG FromatVCIP& FROM: SDWD Engineering & Planning Department Bill O'Donnell, Water Utility Plann SUBJECT: Authorization to Enter into a "Lien Covenant Regarding Real Property: Improvements Required as Condition on Final Approval of Subdivision of Real Property" with Greystone Homes, Inc. and Accept the Grant of Easements as Part of the Final Map for Property Located at the Northeast Corner of Vulcan Avenue and Sanford Street (APN's 254-052-12&13, 254-101-7&24, 254-102-51). BACKGROUND: On September 13, 2000, the City Council approved Tentative Map No. 98- 240 consisting of a 46-lot subdivision of land. The owner is in the process of finalizing the map and is prepared to enter into a Lien Covenant with the District. ANALYSIS: In order to meet water requirements for the project, 1,420 feet of 8-inch and 406 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 Lien 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 Lien 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. 1_ e RECOMMENDATION: Authorize the District Manager or their designee to enter into a "Lien Covenant Regarding Real Property: Improvements Required as Condition on Final Approval of Subdivision of Real Property" with Greystone Homes, Inc. and accept the grant of easements as part of the Final Map for property located at the northeast corner of Vulcan Avenue and Sanford Street. t, Recording requested by: When Recorded Mail To: 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 A CONDITION OF FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. Assessor's Parcel Project No.:TM 98-240 Nos.254-052-12&13, 254-101-7&24,254-102-51 Agreement No.:A-0045 A. Greystone Homes, Inc. A Deleware Corporation, ("SUBDIVIDER" hereinafter) is the owner of real property which is commonly known as Bay Laurel Subdivision (TM 98-240) ("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. 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. g:sdwd\eng\forms\liencov.doc F 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. 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. ACCEPTED AND AGREED. SUBDIVIDER Dated Greystone Homes, Inc. a Delaware Corporation (Notarization of SUBDIVIDER signature is attached.) SAN DIEGUITO WATER DISTRICT Dated q h (Notarization not required) by (AJ - cD y-L_ Kerry L. Miller bistrict Manager gesdwd\eng\forms\liencov.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of an ss. On C ,fY)ttGlr7,f 30 2001 before me, ~~0,0 Lee, /1/f Tvc.~i~l ~ to Name and Title of Officer (e.g., "Ja e, Notary Public') personally appeared Name(s) of Signer(s) `I4 personally known to me DONNA LEE Commission # 1238625 z Notary Public - California San Diego County My Comm. Spires Oct 19, 2003 Place Notary Seal Above ausractory to be the person(s) whose namek) IS aaiie subscribed to the wit instrument and acknowledged to me ha he sk/thty executed the same in his hec/tttsir authorized capacity'(i. ss), and that by hi /her/thsir signature(s}on the instrument the person(Q, or the entity upon behalf of which the person{) acted, executed the instrument. WITNESS my and and official seal. Signature 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 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 Corporate Officer- Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here © 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 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: THOSE PORTIONS OF LOTS 4 THROUGH 9, IN BLOCK 21 AND THOSE PORTIONS OF LOTS 7 THROUGH 11 IN BLOCK 22, TOGETHER WITH PORTIONS OF HYGEIA AVENUE, SANFORD STREET AND JUNO AVENUE, AS VACATED AND CLOSED TO PUBLIC USE ON NOVEMBER 19, 1915, AND JANUARY 28, 1925, BY ORDERS OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CERTIFIED COPIES OF WHICH SAID ORDERS WERE RECORDED RESPECTIVELY DECEMBER 26, 1918 IN BOOK 500, PAGE 343 AND FEBRUARY 9, 1925 IN BOOK 1071, PAGE 122, BOTH OF DEEDS, ALL BEING IN NORTH LEUCADIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ACCORDING TO MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF HYGEIA AVENUE WITH A LINE WHICH IS PARALLEL WITH AND 480.00 FEET SOUTHERLY FROM THE CENTER LINE OF MONTEREY STREET (NOW HILLCREST DRIVE) AS SHOWN ON SAID MAP NO. 524, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN DEED TO ROBERT LLOYD WESTREM, RECORDED JULY 23, 1936 IN BOOK 546, PAGE 82 OF OFFICIAL RECORDS; THENCE SOUTH 74°17'30" WEST ALONG SAID PARALLEL LINE 651.00 FEET TO A POINT IN A LINE WHICH IS PARALLEL WITH AND 320.00 FEET EASTERLY FROM THE WESTERLY LINE OF BLOCK 27 OF SAID MAP NO. 524; THENCE ALONG SAID PARALLEL LINE SOUTH 15°42'30" EAST 319.60 FEET TO A POINT IN A LINE WHICH IS PARALLEL WITH AND 120.00 FEET NORTHERLY FROM THE NORTHERLY LINE OF SANFORD STREET AS SHOWN ON SAID MAP NO. 524; THENCE ALONG SAID PARALLEL LINE NORTH 74°17'30" EAST 130.00 FEET; THENCE SOUTH 15°42'30" EAST 140.00 FEET TO A LINE WHICH IS PARALLEL WITH AND 20.00 FEET SOUTHERLY FROM SAID NORTHERLY LINE OF SANFORD STREET; THENCE ALONG SAID PARALLEL LINE NORTH 74017'30" EAST 700.00 FEET TO A LINE WHICH IS PARALLEL WITH AND 170.00 FEET WESTERLY FROM THE EASTERLY LINE OF LOTS 7 THROUGH 11 IN BLOCK 22 OF SAID MAP NO. 524; THENCE NORTH 15°42'30" WEST ALONG SAID PARALLEL LINE 639.50 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 33.10 FEET OF SAID LOT 11; THENCE ALONG SAID NORTHERLY LINE SOUTH 74°17'30" WEST 170.00 FEET TO THE CENTER LINE OF SAID HYGEIA AVENUE; THENCE SOUTH 15°42'30" EAST ALONG SAID CENTER LINE 179.90 FEET TO THE POINT OF BEGINNING. PARCEL B: ALL OF LOTS 7 TO 10 INCLUSIVE AND PORTION OF LOTS 6 AND 11 IN BLOCK 27, TOGETHER WITH A PORTION OF SANFORD STREET AND JUNO AVENUE, AND ALSO A PORTION OF THE ALLEY IN SAID BLOCK 27, AS SAID STREET, AVENUE AND ALLEY WERE VACATED AND CLOSED TO PUBLIC USE ON NOVEMBER 19, 1915, BY ORDER OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, A CERTIFIED COPY OF WHICH SAID ORDER LEGAL DESCRIPTION (CONT.) WAS RECORDED DECEMBER 26, 1916 IN BOOK 500, PAGE 343 OF DEEDS, IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, ALL BEING IN NORTH LEUCADIA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, APRIL 6, 1888, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY PROLONGATION OF THE WESTERLY LINE OF SAID BLOCK 27, DISTANT 20 FEET FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE NORTHWESTERLY ALONG SAID PROLONGATION AND ALONG SAID WESTERLY LINE OF SAID BLOCK 27 TO ITS POINT OF INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND DISTANT 116.125 FEET NORTHWESTERLY FROM THE SOUTHERLY LINE OF SAID BLOCK 27; THENCE NORTHEASTERLY 320 FEET ALONG SAID PARALLEL LINE TO ITS POINT OF INTERSECTION WITH A LINE DRAWN PARALLEL WITH THE WESTERLY LINE OF SAID BLOCK 27 AND DISTANT EASTERLY THEREFROM 320 FEET MEASURED AT RIGHT ANGLES; THENCE SOUTHEASTERLY ALONG SAID LAST DESCRIBED PARALLEL LINE 136.125 FEET TO ITS POINT OF INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND DISTANT 20 FEET AT RIGHT ANGLES SOUTHEASTERLY FROM THE SOUTHERLY LINE OF SAID BLOCK 27 AND THE NORTHEASTERLY PROLONGATION OF SAID SOUTHERLY LINE OF SAID BLOCK 27; THENCE SOUTHWESTERLY 320 FEET ALONG THE LAST DESCRIBED PARALLEL LINE TO THE POINT OF BEGINNING. PARCEL C: ALL OF LOTS 2 TO 15 INCLUSIVE AND A PORTION OF LOTS 1 AND 16, IN BLOCK 27, TOGETHER WITH A PORTION OF SANFORD STREET AND JUNO AVENUE, AND ALSO A PORTION OF THE ALLEY IN SAID BLOCK 27, AS SAID STREET, AVENUE AND ALLEY WERE VACATED AND CLOSED TO PUBLIC USE ON NOVEMBER 19, 1915, BY ORDER OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, A CERTIFIED COPY OF WHICH SAID ORDER WAS RECORDED DECEMBER 26, 1916 IN BOOK 500, PAGE 343 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO; ALL BEING IN NORTH LEUCADIA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 524, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 6, 1888, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY PROLONGATION OF THE WESTERLY LINE OF SAID BLOCK 27, DISTANT 20 FEET FROM THE SOUTHWESTERLY CORNER THEREOF THENCE NORTHWESTERLY ALONG SAID PROLONGATION AND ALONG SAID WESTERLY LINE OF SAID BLOCK 27 TO ITS POINT OF INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND DISTANT 480 FEET SOUTHEASTERLY FROM THE CENTER LINE OF MONTEREY STREET, AS SAID STREET IS SHOWN ON MAP NO. 763, OF NORTH LEUCADIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE TO ITS POINT OF INTERSECTION WITH A LINE DRAWN PARALLEL WITH THE WESTERLY LINE OF SAID BLOCK 27 AND DISTANT EASTERLY THEREFROM, 320 FEET, MEASURED AT RIGHT ANGLES; THENCE SOUTHEASTERLY ALONG SAID LAST DESCRIBED PARALLEL LINE, 380 FEET, MORE OR LESS, TO ITS POINT OF INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND DISTANT 20 FEET AT RIGHT ANGLES SOUTHEASTERLY FROM THE SOUTHERLY LINE OF SAID BLOCK 27 AND THE NORTHEASTERLY PROLONGATION OF SAID SOUTHERLY LINE OF SAID BLOCK 27; THENCE SOUTHWESTERLY ALONG THE LAST DESCRIBED PARALLEL LINE TO THE POINT OF RF.GINNING. ~F . LEGAL DESCRIPTION (CONT.) EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY THE SOUTHEASTERLY 136.125 FEET THEREOF. ALSO EXCEPTING THEREFROM THE NORTHWESTERLY 6.50 FEET THEREOF. ATTACHMENT B TO LIEN COVENANT REGARDING REAL PROPERTY: IMPROVEMENTS REQUIRED AS CONDITION ON FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. PROJECT NO. TM 98-240 SUBDIVIDER'S DUTIES AND OBLIGATIONS SUBDIVIDER: Greystone Homes 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., 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) 8" PVC Waterline if $ TBD B) 4" PVC Waterline if $ C) 8" Gate Valve ea $ D) Fire Hydrant ea $ E) 1" MAR ea $ F) 2" Blow-off ea $ G) 1" Water Service ea $ H) $ I) $ J) loo Contingencies $ Total Cost Estimate: $ TBD 1.09 IMPROVEMENT SECURITY: A) 1009s of Cost Estimate $ TBD 1.10 MISCELLANEOUS COSTS: $ -0- 1.11 CAPACITY CREDIT: (OFFSETS NEW CAPACITY FEES ONLY) Account Number SDWD SDCWA A) 15532-31883 $ 10, 400.00 $ 10 ,421.00 2" meter B) 15532-31869 $ 10, 400.00 $ 10 ,421.00 2" meter C) 15532-31391 $ 10, 400.00 $ 10 ,421.00 2" meter D) 15532-31907 $ 10, 400.00 $ 10 ,421.00 2" meter E) 15532-798 $ 3, 200.00 $ 3 ,204.00 1" meter F) 15532-30879 $ 2, 000.00 $ 2 ,004.00 meter Total Capacity Credit$<46,800.00>$<46,892.00> 1.12 SDWD METER FEES': A) TBD B) C) D) E) Capacity Credit (Refer Totals 1.13 SDCWA CAPACITY FEES: A) TBD B) Installation Capacity to Sec. 1.11) $<46,800.00> $ $ Total Meter Fees: $ TBD Capacity Capacity Credit (Refer to Sec. 1.11) $<46,892.00> Total Capacity Fees: $ TBD g:sdwd\eng\forms\liencov.doc 1.14 CAPACITY FEE: (FIRE) A) $ B) $ Total Capacity Fees: $ -0- 1.15 INSPECTION DEPOSIT: $ TBD 1.16 DEPOSITS & FEES: Engineering Fees $ -0- SDWD Meter Fees $ TBD SDCWA Capacity Fees $ TBD Fire Capacity Fees $ -0- Inspection Deposit $ TBD *TOTAL ESTIMATED DEPOSITS & FEES REQUIRED: $ TBD 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. 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 March 28, 2002 and shall complete the improvements no later than March 28, 2003. 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 g:sdwd\eng\forms\liencov.doc 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 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. 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, gesdwd\eng\forms\liencov.doc 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 material's 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 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 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 gesdwd\eng\forms\liencov.doc obligation twenty k20) 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. 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 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 g:sdwd\eng\forms\liencov.doc 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 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. 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: g:sdwd\eng\forms\liencov.doc Greystone Homes 5480 Fleet Street, Suite 300 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. 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 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 gesdwd\eng\forms\liencov.doc 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. gesdwd\eng\forms\liencov.doc