1995-308206
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~~c I 1995-0308206
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619'
Rec.Form #R25
Wh'3n recor~-"..t.urn.. .t.f) ,
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SAN DIEGUITO WATER DISTRIL
POBox 231010
Encinitas, CA 92023-1010
571
AGRBEMBNT TO IMPROVB DEVELOPMBNT - WATBR FACILITIES
AGRBEMENT NO.A-0019
THIS AGREEMENT is made and entered into this ~ day of June 1995
, by and between San Dieguito Water District, hereinafter called
District, and
Alesco Develo~ment Comoanv. A Limited General Partnershio
4800 Corbin Avenue
Tarzana. Calif. 91356
(Owner's Name and Address) hereinafter
called Owner.
A. In the near future, Owner desires to install a water main or
mains and appurtenances to service his property.
B.
District will own and operate such facilities,
constructed in the manner set forth herein.
if
c. The parties desire, by this Agreement, to provide for the
construction and completion 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,
and within 365 days from the date of this Agreement by District,
to perform and complete 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
"Bit on file at the office of District an 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 liB";
Improvement Security; Set aside Letter; and Certificate of
Insurance, etc.)
2. Owner agrees that the work shall be done by a Class IIA"
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
accepted in writing by the District. The estimated cost of said
water facilities in the sum of sixtv-eiqht thousand. four
hundred nine dollars and no/lOO ($68.409.00). 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.
1
572
District shall be notified a minimum, of 48 hours prior to the
commencement of construction. After completion of the facilities
in accordance with the approved plans and specifications, and not
less than 35 days after the filing of a ItNotice of Completion" by
District; the facilities shall be considered as donated to District
and shall be owned and operated by District, if accepted by
District. District will not file a Notice of Completion unless
they are free of mechanic's liens. Owner shall furnish to District
satisfactory proof (ordinarily in the form of a title company
report) that no liens were filed against the project prior to the
expiration of the lien period.
3. Monuments and stakes previously installed which are
removed, altered, or destroyed prior to the completion of the
improvements and their acceptance by District shall be installed by
Owner within 30 days after such acceptance by District.
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 1111 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 upon execution of this
Agreement and prior to commencement of any work hereunder, the
amount of the cash deposit set forth in District Exhibit liB" for
engineering, construction inspection, right-of-way expenses,
materials furnished and for other District work and special
charges.
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.
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
2
573
cancel any previously approved shutdown due to the weather and/or
system operation considerations. Filing of a 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),
conform with the work as constructed, has been
the District.
corrected
submitted
to
to
8. The water facilities shall be operated by District in
accordance with the rules and regulations of the District. Meter
costs are not included in the estimated cost of water facilities
and shall be paid by Owner, in accordance with District's rate
schedule, as it from time-to-time exists. Water for construction
purposes will be provided in accordance with District's Rates and
Rules and standard Practices.
9. 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 prior to the completion and acceptance of the same,
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 oriqinal 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.
10. 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
574
11. 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.
12. 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.
13. 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.
14. Owner shall, and hereby does guarantee all work for a
period of one year after date of filing of a Notice of Completion
by District, and shall repair or replace any and all such work,
together with any other work which may be displaced in so doing,
that may prove defective in workmanship and/or materials within a
one-year period from date of filing of a Notice of Completion by
District without expense whatsoever to District, ordinary wear and
tear, unusual abuse or neglect excepted. District will give notice
of observed defects with reasonable promptness.
Owner shall notify District upon completion of repairs.
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.
15. Owner shall furnish to District good and sufficient
security, in the form of cash deposit, letter of credit or other
security as approved by the District, in the amount of 25% of the
estimated total cost of the improvements, to secure Owner's
guarantee and warranty for a period of one year following the
acceptance by District against any defective design work or labor
done or defective materials furnished.
4
575
16. 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 on the development
if construction is not commenced within six months of the date of
the execution hereof by the San Dieguito Water District.
17. The water meter fees including installation and capacity,
are established from time to time by the Board of Directors of San
Dieguito Water District and San Diego County Water Authority. The
developer will be required to conform to the installation and
capacity fees, which are applicable on date of payment.
Construction will not be allowed to commence until all water fees
have been received.
18. Owner agrees to install water facilities as called for on
sianed improvement plans.
19. Owner agrees to pay for Invoice #1695, in the amount of
$2,705.73, Subject to proceedings pending in Bankruptcy Court of
the CENTRAL District of the U.S. District Court.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed the day first above written.
SAN DIEGUITO WATER DISTRICT
~?/!~.".
OWNER/DEVELOPER
/
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Agree: \07/01/93
5
576
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
'i
(I;rIIF";u}/~
County of Stf /) ])10/ 6
On ..:Tu11~ PI?,11'?S' before me, Jtilr/J O'!)P,,;-?e//
Dale Name and T-,t\e of otrlC:er (e.g., "Jane Ooe,NOlal'j' PlltHicl
personally appeared /t1/tJ./ YOUIl!1
f I i'<ame(s)o1Signer(s)
~ personally known to me - OR -ft proved to me on the basis of satisfactory evidence to be the person($:l
whose name(~ isJaFe subscribed to the within instrument
and acknowledged to me that he/sh&~l::Jey executed the
same in his/l:ieFAheir authorized capacity(~), and that by
hislherltheir signature(-s) on the instrument the person(~,
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
State of
"
JOAN O'DONNELL
Commlnion 1981844 ~
It No~ Pubrk - California (j)
> . San Di.go County ".
;....~ Co:~'~Ion,~lir: ~n:~l~ ~9~J
,;~.
r ~
~Sigr>alur"ofNotaryPUbl'"
OPTIONAL
Though the information below is not required by law, it may prove valuabie to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document ~_
Afj(ec />1e/?T Ie! ..rm/'/fo ve. teIA!/o/,menr-
Title or Type of Document: 'u)/fTe,e. PrJ(l/h 7JeS 7/.l.t'/17r'/Jr AJ~. /1-00/ 9-
J" Ile dR. If9J
Document Date:
Number of Pages:
5
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: If!tf/l YO., "J
D Individual
L Corporate Officer
Jitle(s): ./
[B"'Partner - C Limited ~General
o Attorney-In-Fact
n Trustee
o Guardian or Conservator
c:: Other: Top of thumb here
Signer's Name:
RIGHT THUMBPRINT
OF SIGNER
o Individual
o Corporate Officer
TItle(s):
C Partner - 0 Limited ::J General
C Attorney-in-Fact
C Trustee
L Guardian or Conservator
o Other: Top of thumb here
RfGHTTHur.1BPRINT
OF SIGNER
Signer Is Representing:
f//e.,69 ;;W 0"
Signer Is Representing:
01994 National Notary AsIIociaIion 0 8236 RemmetAve.. P.O, Bo:c7184oCanogePark,CA913Q9.-7184
Prod,No,5907
R90rder: Call Toll_Free 1.800-67&<;827
577
EXHIBIT liB'.
Project Name: Encinitas Coroorate Center: TM 94-199
Date: June 1. 1995
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
of San Dieguito Water District.
requirenents
6.
Developer to provide for construction
surveying for the proposed water facilities.
and
7.
staking
Alesco Development Co.
Developer/Owner's Name
to install the water facilities
listed in Paragraph 8.
8. INSTALLATIONS:
a. )
b.)
c. )
d.)
e.)
f.)
g.)
h.)
L)
9.
8" PVC Water Main
8" Gate Valve
4" Gate Valve
Fire Hvdrant
2" Blow Off
I" Water Service
2" Water Service
4" Fire Service
10" Continqencv
1.234 Lf $ 37.020.00
8 ea $ 6.640.00
4 ea $ 2.120.00
2 ea $ 5.460.00
1 ea $ 750.00
8 ea $ 4.800.00
2 ea $ 2.200.00
4 ea $ 3.200.00
$ 6.219.00
Total Estimate:
$
68.409.00
IMPROVEMENT SECURITY:
a.) Improvement of Security, 100%
$ 68.409.00
10.
11.
MISCELLANEOUS COSTS:
Inv. #1695 Outstandinq Install./Inso. fees
CAPACITY CREDIT: (OFFSETS NEW CAPACITY FEES
Account Number sown snCWA
$ 2.705.73
ONLY)
a.) 0854256020
b.) 0854254010
c. )
Total Capacity Credit:
$
$
$
$< 8.000.00
Page 1 of
$
$
$
> $<
3
6.000.00
2.000.00
4239.00
1413.00
1 1/211 Meter
5/8" Meter/
5652.00 >
,
578
"
EXHIBIT "B"
\
12.
SDWO METER FEES:
Installation
Capacity
I
.>
~
a.) 3/4" Meters 9 ea $ 1440.00 . $ 18.000.00
b.) 2" Meter 1 ea $ 520.00 -$ 10.400.00
o.
c. ) 2" Meter 1 ea $ 520.00 . $ 0.00 Trsfr only , .
d.) $ $
e.) $ $
Capacity Credit (Refer to No. 11) $< 8.000.00>
Totals $ 2480.00 $ 20.400.00
Total Meter Fees: $ 22.880.00*
13. SDCWA CAPACITY FEES:
Capacity
a.) 3/4" Meters 9 ea
b.) 2" Meter 1 ea
c.)
d.)
e. )
Capacity Credit (Refer to
No. 11)
Total Capacity Fees: $
$ 12.717.00
$ 7.348.00
$
L 5.652.00> (Jet ~flG
14.413.00* #
14. CAPACITY FEE: (FIRE)
a.) 411 Fire Conn. 4 ea
b.)
Total
$ 5.060.00
$
Capacity Fee:
$
$
5.060.00*
or.
'...\r,
",ox-
15.
INSPECTION: (ESTIMATE DEPOSIT)
3.159.50*
16. CONSERVATION OFFSET: (ESTIMATE DEPOSIT)
Gallons per Day x $ 5.08
$
$
$
$
Total Conservation Offset Deposit: $
a.)
b.)
c.)
d.)
N/A
*
17. DEPOSITS & FEES:
Miscellaneous Fees
sown Meter Fees
SDCWA Capacity Fees
Fire Capacity Fees
Inspection Deposit
Conservation Offset Deposit
$ 2.705.73
$ 22.880.00 **
$ 14.413.00 **
$ 5.060.00
$ 3159.50
$ N/A
*TOTAL ESTIMATED DEPOSITS & FEES REQUIRED: $ 48.218.23*
Page 2 of 3
579
EXHIBIT "B"
18. **The above figures for Meter Installation and Capacity Fees
are those in existence at time of entering into this
"Agreement." The actual fees that will be required are those
meter fees that have been established at time of payment
(Refer to Item #17 of Agreement to Improve Development - Water
Facilities) .
19.
Fees and deposits indicated in paragraphs 12
paid by Owner/Developer prior
installation/construction.
through 1 7, to be
to beginning
20. 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.
21. In the event the gO-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.
22. Contractor is responsible for consumer side connection of
proposed project meters. The District shall furnish consumer
ball valves as part of Item 11.
23. Easements, in the form used by the District, for the new water
facilities will be executed by the developer and be recorded
prior to the water facility installation/ construction and
filing of the subdivision map.
SAN DI
ITO WATER
~M
DISTRICT ACCEPTAN:~E#e~
/
Lauren M. Wasserman
District Manager
Page 3 of 3
E-B 06/01/95