1996-42342
Recording requested by:
San Dieguito Water District
D~~ U 1996-0042342
29-JAN-1996 10=11 AM
OfFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OffICE
GREGORY SMITH, COUNTY RECORDER
FEES' 0.00
And when recorded mail to
San Dieguito Water District
POBox 231010
Encinitas, CA 92023-1010
1944
AGREEMENT TO IMPROVE DEVELOPMENT - WATER FACILITIES
AGREEMENT NO. A-0021
THIS AGREEMENT is made and entered into this --2.i.. day of January 1996, by and between San
Dieguito Water District, hereinafter called District, and Carltas Com,pany. a California Limited
Partnership. hereinafter called Owner.
A. In the near future, Owner desires to install a water main or mains and appurtenances to
service its property.
B. District will own and operate such facilities, if constructed in the manner set forth herein.
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 its own cost and expense, to furnish all labor, equipment,
and material to perform and complete, on or before Janum:y 1. 1998, 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 "B" 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 "B"; Improvement
Security; Set aside Letter; 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 accepted in writing by the
District. The estimated cost of said water facilities in the sum of Ei~t hundred and twenty five
thousand. four hundred and nine 20/l00.""($825.409.20**).Owner's obligation under
thisAgreement 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
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1945
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. After
completion of the facilities in accordance with the approved plans and specifications, and not less
than 35 days after the filing of a "Notice 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 the property beneffited by the facilities
is free of mechanic's liens. Owner shall furnish to District satisfactory proof (ordinarily in the fonn
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 II" 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
"B" 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 persOImel, name of supervisors and equipment to be used shall
also be submitted to the San Dieguito Water District. The procedure, including persOImel,
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. 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 swface, and meter boxes set to
fInish grade;
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1946
b.) A set of original plans (Mylar prints), corrected to conform with the work as
constructed, has been submitted to the District.
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 O'NIler, 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. Indemnification. Hold Hannless and Insurance.
a.) Owner 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 Owner or Owner's
agents, employees, subcontractors, officials, officers or representatives concerning the water
facilities.
b.) Owner's obligations herein include, without limitation:
(1) Loss or damage happening to the work or improvements prior to the
acceptance of the water facilities by District;
(2) 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 Owner's proposed plans, specifications or
design so long as such change is objected to, in writing, by the Owner, and the writing is
filed with the District's Engineer more than ten days prior to the commencement of work;
and
(3) 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 as 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.
c. Upon demand, Owner shall, at is 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.
d. 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 protections afforded herein to District and District's
officers, officials, employees and agents or diminished the obligation of Owner who shall
3
1947
remain obligated in the same degree to indemnify and hold District and District's officers,
officials, employees and agents, harmless as provided above.
e. Owner'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 oflaw, or District's sole active negligence.
f. Insurance. The owner 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.
(1) The insurance policy shall provide that the policy shall remain in
force during the life of this Agreement and shall not be canceled, terminated, or
allowed to expire without thirty days prior written notice to District from the
insurance Company.
(2) District shall be named as an additional insured on Owner's policies.
(3) Owner shall furnish certificates of said insurance to District prior to
commencement of work lUlder this Agreement.
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.
11. Owner shall furnish to District good and sufficient security in the form of cash
deposit, a letter of credit, CFD Bond or other set aside satisfactory security as approved by the
District in the amolUlt 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 amolUlt 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,
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---nf48
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 ITom 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 ,,,ill give notice of obseI'\Ted defects with reasonable
promptness.
Owner shall notify District upon completion of repairs. In the event of an
emergency, before the project is accepted, if District can not contact Owner in time to make
effective emergency repairs, then District may make the repairs and Owner agrees to reimburse
District for the actual costs reasonably 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.
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.
18. Owner agrees to install water facilities as called for on si2I1ed improvement plans.
Tract Number 94-066
Encinitas Ranch Phase I
Green Valley Units I & III
IN \VITNESS WHEREOF, the parties have caused this Agreement to be executed the day first
above written.
5
1949
OWNER
Carltas Company, A California Limited Partnership, as Owner
By: Carltas Managerrent, a California corporation
Its: Ge 1 Partner
By:
,J~..'Y IOI,qq(P
Date
of Owner Signatures to be attached)
DISTRICT
~
By#0?~_
uren M. Wasserman
District Manager
I~Z5-'76
Date
(Notarization not Required)
6
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
1950
State of
(I!lL/FD,LAJ I tI
County 01 /51lrl 7)/u,n
On JAI\I /0, 1'(9(" beloreme,k~ A PIi-zLPS, tVomf'-V PLl6U(
I Dale NBnraIldTdleofOlticer(e:g..-JanaDoe,Notalypublic")
personally appeared C' IH!. I ST3P I!-EJL C. {'~" I iJ ('
Nam&(S) Oftigner(S)
~rsonally known to me -QR C ..nuyt-d ta me ElA 11:19 t?<>Qi~ Of ii;tidaetery eviEi8Rse to be the personK
whose name~subscribed to the within instrument
and acknowledged to me that ~Sh!:'ItAeY executed the
same i~ authorized capaci~, and that by
~hCIFA:hQir signature(}V on the instrument the person~,
or the entity upon befllilf of which the person~ acted,
executed the instrument.
i'~..n-..
.
:~ I
Karen A. Phelpa
~3lIl5
......~..r:___"""'-__.
--......
..c--.....l_
WITNESS m
",of Notary Public
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
TIlle or Type of Document A6fiX111E1\lJ /I) rMff!{JvlZ.
Document Date, -.!ArJ. 2.5, I 9q 0
,
. "" I
Slgner(s) Other Than Named Above: v-tfUeE.J0
DiiJ/l2..ormc:rJT- tu~ fffOLl17ES
Number of Pages: ^!i tJe;
.
(f). WASSDZ-Ii7/tN
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Signer's Name:
= Individual
D Corporate Officer
Title(s):
D Partner - LJ Limited [] General
o Attorney-in-Fact
D Trustee
C Guardian or Conservator
C Other: Top of lhumb here
o Individual
D Corporate Officer
Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
o Other:
Signer Is Representing:
Signer Is Representing:
C 1994 National r-IoIaryAssocia1ior1-8236 Remmel Ava.. P.O. Box 7184' Canoga Parll,CA91309-7184
Prod.No.59Q7
Aeortler.CaIIToI~F_l-aoo-a76-6827
1951
EXlDBIT liB" TO
AGREEMENT TO IMPROVE
DEVELOPMENT- WATER FACILITIES
AGREEMENT NO. A-002I
Name of Own erlDev eloper: Carltas Company. a California Limited Partnership
Tract of Parcel Map Number: Thf-94-066
Project Name: Encinitas Ranch Phase i. Green Valley Units f & III
Date: January 25. 1996
I. The OwnerlDeveloper 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 (c.) Payment of all Deposits and Fees.
4. Improvement plans shall not be signed as approved by the District, prior to the stipulations spelled
out in Paragraphs I 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.
Carita." Company
Developer/Owner's Name
to install the water facilities listed in Paragraph 8.
8.
INSTALLATIONS:
..) 8" PVC
b.) 12" PVC
c.) 16.' PVC
d.)8"GV
e.) 12'.GV
f.) 16"GV
g.) }" Water Service
h.) I" MAR.
L) 2" MAR
j.) 6" Double Detector Check Valve
k.) 8" Double Detector Check Valve
I.) Fire I-{ydrant
m.) 2" Blow Off
n.) Pressure Reducini Station
0.) 5% Contingency
5752 LF
1528 LF
6026 LF
13 ea
5 ea
6 ea
14 ea
2 ea
9 ea
2 ea
8 ea
19 ea
7 ea
2 ea
9.
IMPROVEMENT SECURITY:
a.) Improvement of Security, 100%
7
$ 172.560.00
$ 65.704.00
$ 361.560.00
$ 16.250.00
$ 6.900.00
$ 19.500.00
$ 8.400.00
$ 1.000.00
$ 6.300.00
$ 5.000.00
$ 19.800.00
$ 47.880.00
$ 5.250.00
$ 50.000.00
$ 39.305.20
Total Estimate: $ 825.409.20
$ 825.409.20
1952
EXHIBIT"B"
10. ENGINEERING DEPOSIT:
Plan Checking Services $ 6.000.00.
I!. CAPACIlY CREDIT: (OFFSETS NEW CAPACIlY FEES ONLY)
Account Number
SDWD
SDCW A
a)
b.)
T ota! Capacity Credit
$
$
$< N/A
$
$
> $<
N/A
>
12.
SDWO METER FEES:
Installation
Caoacitv
a.)
b.)
Capacity Credit (Refer to No. 11)
Totals
$ $
$ $
$< N/A >
$ N/A $ N/A
Total Meter Fees $
N/A
13.
SDCWA CAPACITY FEES:
CaDacitv
a.)
b.)
Capacity Credit (Refer to No. II)
$
$
$< >
Total Capacity Fees: $
N/A
14. CAPACITY FEE: (FIRE)
a.)
b)
Two 6" Fire Line
Six 8" Fire Line
$1.265.00 ea
$1.26500 ea
$ 2520.00
$ 7.590.00
Total Capacity Fees S
10.110.00'
15.
INSPECTION: (ESTIMATE DEPOSIT)
$
23.285.50'
16. DEPOSITS & FEES:
'TOTAL ESTIMATED DEPOSITS & FEES REQUIRED:
$ 6.000.00'
$ N/A
$ N/A
$ 10.110.00'
$ 23.285.50'
$ 39.395.50'
Engineering Deposit
SDWO Meter Fees
SDCW A Capacity Fees
Fire Capacity Fees
Inspection Deposit
8
EXHIBIT "B"
1953
17. Meter installation and capacity fees have not been paid for or included as part of this
Agreement Application for service will be provided once an applicant has complied with
all the District Requirements and paid all fees. The actual fees that will be required are those
meter fees that have been established at time of payment.
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.
19. 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
20. Contractor is responsible for consumer side connection of proposed project meters. The
District shall furnish conswner ball valves as part ofItem 12.
21. 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.
ACCEPTANCE
SAN DlEG~ ATER DlSTRlCT
~nM.~
District Manager
OWNERlDEVELOPER
Carltas Conpany, a California
limi too partnership
By: Carltas Managerrent, a
Califolllia corporation
Its: Genera er
B
9
EXHIBIT "jlC'
1954
LEGAL DESCRIPTION
LOTS 21 THROUGH 34 INCLUSIVE, OF CITY OF ENCINITAS TRACT NO. 94-066, UNITS L
II AND ill, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13258, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, NOVEMBER 7, 1995 AS FILE NO.
1995-0507870 OF OFFICIAL RECORDS.
G:lAgreelagrcrlts.doc
10