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Reso 1358-07/2010RESOLUTION NO. 1358 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT AUTHORIZING THE SECRETARY OF THE DISTRICT TO SIGN CERTAIN DOCUMENTS ON BEHALF OF THE BOARD OF DIRECTORS WHEREAS, the Board of Directors desires by this resolution to provide additional authority to the District Secretary to sign certain documents on behalf of the Board of Directors. WHEREAS, the Vallecitos Water District Board of Directors on May 17, 2000, passed Resolution No. 1110 authorizing the Secretary of the District to accept and record, on behalf of the District, easements for water and sewer lines and related facilities and granted authority to the District Secretary to quitclaim easements when necessary and to approve encroachment permits when deemed appropriate. WHEREAS, these additional documents pertain to individual properties and projects that have been approved by Board Action from time to time and require a signature of a District representative and/or Board member. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Vallecitos Water District as follows: SECTION 1: The foregoing facts are true and correct. SECTION 2: Resolution No. 1110 authorizing the Secretary of the District to accept easements, quitclaim easements, and encroachments permits is hereby rescinded. SECTION 3: District Secretary is hereby authorized to accept and record, on behalf of the District, easements, and deeds for water and sewer lines and related facilities. The District Secretary is also authorized to quitclaim easements on behalf of the District when necessary and to approve encroachment permits when deemed appropriate. SECTION 4: The District Secretary is further authorized to sign the attached list of standard agreements and documents, which may be modified from time to time ("Exhibit A") on behalf of the Board of Directors after Board approval has been granted. Resolution No. 1358 July 21 2010 Page 2 PASSED AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held on this 21st day of July, 2010, by the following roll call vote: AYES: GENTRY,HANNAN,POLTL,SHELL,FERGUSON NOES: ABSTAIN: ABSENT: _ ~ Marge ~t E. Fefguson, F Boardfof Directors Vallecitos Water District ATTEST: Dennis 0. Lamb, Secrei~d'ry Board of Directors Vallecitos Water District Resolution No. 1358 July 21 2010 Page 3 EXHIBIT "A" WATER SERVICE AGREEMENT AGREEMENT FOR CONSTRUCTION OF FACILITIES TO BE DEDICATED TO THE VALLECITOS WATER DISTRICT JOINT USE AGREEMENT BETWEEN CITY OR ENTITY AND THE VALLECITOS WATER DISTRICT AGREEMENT FOR TEMPORARY WATER CONNECTION AGREEMENT FOR TEMPORARY SEWER CONNECTION EXCHANGE AGREEMENT FOR TEMPORARY DELIVERY OF WATER TEMPORARY WATER SERVICE EXCHANGE AGREEMENT BETWEEN VALLECITOS WATER DISTRICT AND VISTA IRRIGATION DISTRICT REIMBURSEMENT AND ACQUISITION AGREEMENT Recording requested by & when recorded, mail to the: Vallecitos Water District 201 Vallecitos de Oro San Marcos, CA 92069 APN: (Space above for Recorder's use) Document Transfer Tax: None 0/~aL~~C/T®S V~9/d@T~FS ®ISTA~fOT QIU~F'E'~8 SE929/I~E?-0GRE~PoIE7+~'P THIS AGREEMENT is entered into by and between the VALLECITOS WATER DISTRICT, a public agency organized and existing pursuant to the County Water District Law, California Water Code sections 30000 et. seq. (hereinafter "DISTRICT"), and , (hereinafter "OWNER"). ~. DISTRICT provides domestic water service to OWNER's property (the "Property"), located at in San Diego County, California and which is more particularly described as Assessors Parcel Number 2. The parties desire to enter into an agreement whereby DISTRICT will suspend the requirement of payment of additional Water Capital Facility Fees, for water service provided by a f - inch oversized meter for combined domestic and fire service purposes, provided OWNER does not exceed a maximum of 30 units (one unit equals one hundred cubic feet) of water use per month, for three months in a calendar year (month determined by scheduled meter reading cycle), for other than fire system testing or fire suppression. ~. In the event OWNER exceeds a maximum of 3D units of water use per month, for three months in a calendar year, OWNER shall pay DISTRICT the additional Water Capital Facility Fees, then in effect and be subject to increased Ready to Serve charges for the 1-inch meter, in accordance with Ordinance No. 160, or as modified from time to time. 4i. OWNER shall have the option to pay DISTRICT a Water Capacity Fee Surcharge, then in effect, in lieu of the lump sum payment of additional Water Capital Facility Fees. With this option, in the event OWNER exceeds a maximum of 30 units of water use in any month, a Water Capacity Fee Surcharge for all units in excess of 30 units will be included on the regular monthly utility bill. Page 1 of 2 Im:~ .b. OWNER continues to be subject to increased Ready to Serve charges for the 1-inch meter, in accordance with Ordinance No_ 160, or the then current Ordinance. 5. DISTRICT will assume the option for OWNER to pay a Water Capacity Fee Surcharge, unless OWNER provides notice in writing to DISTRICT for lump sum payment of additional Water Capital Facility Fees. 5. The parties eupressly agree that this Agreement shall be construed as a valid and binding equitable servitude and covenant running with the land which shall be binding upon the heirs, successors, assignees, or transferees of the parties hereto. a. The effective date of this Agreement is the day of , 20_ I$, This Agreement is executed by the DISTRICT pursuant to RESOLUTION No. 1003, dated November 15, 1995, which authorizes the Secretary of the DISTRICT from time to time to enter into agreements by this District with property owners, and to cause the agreement to be recorded in the Office of the County Recorder of San Diego County. 66®oEeFi6o?"IP99 vw~~~~o~®~aa~~'~YY IIII~tltl~YYJS~IIII~ ®o~~~oc~ Accepted By: Date: Dennis O. Lamb, Secretary, Board of Directors Vallecitos Water District * Acknowledgement ofthe signature(s) of authori?ed representative(s) of OWNER executing this Agreement 6y a Notary Public is required. Attach acknowledgement to this page. Page 2 of 2 Last Updated 6/28/2010 M:\Engineering\MASTER\LEGAL\UPDATED DRAFT of WSA with Ord 160 052010.doc i Recording requested by & when recorded, return to: Vallecitos Water District 201 Vallecitos de Oro San Marcos, CA 92069 (Space above for Recorder's Use) Document Transfer Tax: None v~a~~~cer®s t~var~aa ®asr~aecr ~~na~ ®~ ~s~r~r ®F-wrap as Grantor, for and in consideration of the sum of One Dollar and other valuable consideration paid by VALt.E~i~®~ 1fl6A'~E9i ®OS4RVOIP, as Grantee, receipt whereof is hereby acknowledged, does hereby grant to said VALLECITOS WATER DISTRICT, its successors and assigns, an easement of right-of-way feet in width in, upon, over, under and across the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and all purposes, together with their necessary fi>ctures and appurtenances including but not limited to conduits and cables for power transmission and communication purposes specifically related to DISTRICT facilities, at such locations and elevations, upon, along, over and under the hereinafter described right-of-way as Grantee may now or hereafter deem convenient and necessary from time to time, together with the right of ingress thereto and egress there from, to and along said right-of-way by a practical route or routes in, upon, over and across the hereinafter lands, together with the right to clear and keep clear said right-of-way from explosives, buildings and structures of any type. The lands in which said easement of right-of-way is hereby granted are situated in the County of San Diego, State of California, and particularly described as follows: Page 1 of 4 e r' The -foot-wide easement of right-of-way in the aforesaid lands is particularly described as follows: SEE EXHIBIT "A" ATTACHED. A.P.N.: AREA: PLAT: SEE EXHIBIT "B" ATTACHED. Grantor and their successors in estate shall not erect or construct, or permit to be erected or constructed, any building or other structure, plant any tree or trees, or drill any well or wells, within the limits of said right-of-way. Grantee shall have the right to erect, maintain and use any gates in any fences which cross or shall hereafter cross said route or routes, and to trim and cut and clear away any trees and brush whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights hereby granted, the right to transfer and assign this easement in whole or in part being hereby granted to the Grantee. Grantor agrees that no other easement shall be granted on, under or over said strip of land by Grantor, without the prior written consent of the Grantee. It is also understood and agreed by the parties hereto that the Grantor and their successors or assigns, shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the above described right-of-way, existing at the time this document is executed, without the prior written consent of the Grantee. It is also understood and agreed by the parties hereto that the Grantee shall have the right to make any and all excavations, and the right to alter the existing ground elevations within the easement right-of-way, now and in the future as may be deemed necessary and convenient, and with the lands of the Grantor adjoining said easement right-of-way, together with the use thereof, as may be necessary for the initial construction of the improvements. Together with the right and privilege to spill water in natural channels which cross said lands adjacent to the easement right-of-way. In Witness Whereof, the Grantor executed these presents the day of 201_ Page 2 of 4 ` ~~ "Grantor" Company: Company: Name*: Name*: Title: Title: Signature t: Signature t: Name of Authorized Representative of Developer t Acknowledgement of the signature(s) executing this Easement Document, by a Notary Public, is required. Attach acknowledgement to this page. (Seal if Corporation) Page 3 of 4 L,E G? d CERTIFICATE OF ACCEPTANCE VALLECITOS WATER DISTRICT This is to certify that the interest in real property conveyed by the deed or grant dated from to VALLECITOS WATER DISTRICT, a political corporation and/or a governmental agency, is hereby accepted by the undersigned officer of the Board of Directors of the VALLECITOS WATER DISTRICT pursuant to Resolution No. ,adopted on the day of 201_, and the i, Grantee consents to the recording thereof by its duly authorized officer. By Dennis O. Lamb, Secretary, Board of Directors Vallecitos Water District 201 Vallecitos De Oro, San Marcos, CA 92069 Dated: Page 4 of 4 L;ul Updmcd G/2t;i2U10 I I:ainein~u mu?M Ati I LIiU,FGAL`I il'17A~rIU Cd;AI~!l' Op ti liltr'~ "'~-WAY US3(il0.dac _ ~ ~ ~+. ~r ,~csa~~n~~n-ra=®~a c®~sr~eucr~®~ ®~~~cs~sri~s r® e~ ®~®ec,~rE® r® r~a~ va~e.~~e~®s aw,~~~~ ~~sraa-c~ THIS AGREEMENT is entered into by and between VALLECITOS WATER DISTRICT ("DISTRICT"), a County Water District organized and operating pursuant to the County Water District Law, California Water Code §§ 30000 et seq., and ("DEVELOPER"), a California ~e DEVELOPER desires to improve certain real property which lies within the boundaries of the DISTRICT consisting of approximately acres commonly described as Ta>c Assessor's Parcel Nos. ("PROJECT"). ~. DEVELOPER has requested that DISTRICT provide water and/or sewer service to parts of the PROJECT upon payment of applicable fees, construction and installation by DEVELOPER of the water and/or sewer facilities ("FACILITIES") necessary to serve the PROJECT and acceptance of the FACILITIES by the DISTRICT. ~. DEVELOPER is required to submit plans and specifications for construction of the FACILITIES for review and approval by DISTRICT. The plans and specifications have been prepared by and are identified as DEVELOPER shall construct the FACILITIES pursuant to the approved plans and specifications which shall include DISTRICT'S standard specifications and applicable special provisions. DEVELOPER shall comply with all terms of this Agreement. All work covered by this Agreement shall be completed on or before 201_ In the event work is not completed by that date, this AGREEMENT shall terminate unless DEVELOPER obfains a written extension from DISTRICT. Page 1 of 13 1 Fy C®i/E~fiA110gS ~. d;D6'd®fl4t®~HS P6t~~lE®IE~84 4® ~XSD9DT0®PV ®F AGBtPSflNE~V'~. Each of the following items is an express condition precedent to the obligation of the DISTRICT to execute this Agreement: ~.'V P~~S AB~ll® a;D~A62~~S. DEVELOPER shall pay all fees and charges due as established by the DISTRICT in its discretion from time to time. All Capital Facility and Connection fees are non-refundable. ~4.~ S~9V9ff~®~B~fV~~14A0_ 6~EVOSVft9. DEVELOPER shall provide the DISTRICT with all environmental documents previously utilized to obtain approvals for the PROJECT. In the event that the DISTRICT determines additional environmental review is necessary, all fees and costs to prepare this additional environmental review shall be borne solely by the DEVELOPER. ~.~ APPBg®V~® PILAFS AB+9® SP~~~F9Q;ATV®h\9S, DEVELOPER shall prepare and submit to the DISTRICT a set of plans and specifications for the FACILITIES. The plans and specifications for the FACILITIES include DISTRICT's standard specifications and applicable special provisions and are incorporated herein by reference as if set forth in full. Approval of these plans and specifications by the DISTRICT shall be a condition precedent to the obligations of the DISTRICT to execute this Agreement. Approval of these plans and specifications by the DISTRICT shall not relieve the DEVELOPER of liability for any improper design or construction of the FACILITIES. ~A.AI ~IMA~-faSS °P® PLA~9S AG'd® SPSO~FO~Ag6®~S. DISTRICT, without liability to DISTRICT, DISTRICT's engineer and their consultants, and each of their directors, officers, employees, and agents, may require such changes, alterations, or additions to the plans and specifications which do not exceed ten percent (10%) of the original DISTRICT estimated cost of the work as may be determined necessary or desirable by DISTRICT in its sole discretion, including those necessary due to errors or omissions in the approved plans or specifications. Changes, alterations, or additions without Page 2 of 13 ~~ ~.. said 10% limitation may be made for unforeseen conditions such as rock excavation, unstable soil conditions, or high water tables requiring dewatering. 5. COMMERCIAL GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE. Upon execution of this Agreement, the DEVELOPER shall provide and maintain the following commercial general liability and automobile liability insurance: 5.1 COVERAGE. Coverage .for commercial general liability and automobile liability insurance shall be at least as broad as the following: A. Insurance Services Office (ISO) Commercial. General Liability Coverage (Occurrence Form CG 0001); B. Insurance Services Office (ISO) Business Auto Coverage (Form CA 0001), covering Symbol 1 (any auto). 5.2 LIMITS. The DEVELOPER shall maintain limits no less than the following: A. General Liability -One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit or products- completed operations aggregate limit is used, either the general aggregate limit shall apply separately to the project/location (with the ISO CG 2503, or ISO CG 2504, or insurer's equivalent endorsement provided to DISTRICT) or the general aggregate limit and products-completed operations aggregate limit shall be twice the required occurrence limit. B. Automobile Liability -One million dollars ($1,000,000) for bodily injury and property damage each accident limit. 5.3 REQUIRED PROVISIONS. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: A. DISTRICT, its directors, officers, employees, and authorized volunteers are to be given insured status (via ISO endorsement CG 2010, CG 2033, or insurer's equivalent for general liability coverage) as respects: liability arising out of activities performed by or on behalf of the DEVELOPER; products and completed operations of the DEVELOPER; premises owned, occupied or used by the DEVELOPER; and automobiles owned, leased, hired or borrowed by the DEVELOPER. The coverage shall Page3of13 1 a. ~. , contain no special limitations on the scope of protection afforded to DISTRICT, its directors, officers, employees, or authorized volunteers. B. For any claims related to this project, the DEVELOPER's insurance shall be primary insurance as respects DISTRICT, its directors, officers, employees, or authorized volunteers. Any insurance, self-insurance, or other coveragemaintained by DISTRICT; ifs directors, officers, employees, or authorized volunteers shall not contribute to it. C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided fo DISTRICT, its directors, officers, employees, or authorized volunteers. D. The DEVELOPER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. E. Each insurance policy required by this agreement shall state, or be endorsed to state, that coverage shall not be canceled by the insurance carrier or the DEVELOPER, except after thirty (30) days (10 days for non- payment of premium) prior written notice by U.S. mail has been given to DISTRICT. Such liability insurance shall indemnify the DEVELOPER and his/her sub-DEVELOPER'S against loss from liability imposed by law upon, or assumed under contract by, the DEVELOPER or his/her sub- DEVELOPER's for damages on account of such bodily injury (including death), property damage, personal injury, completed operations, and products liability. The general liability policy shall cover bodily injury and property damage liability, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, underground excavation, and removal of lateral support. Additionally, the automobile liability policy shall cover all owned, non-owned, and hired automobiles. All of the insurance shall be provided on policy forms and through companies satisfactory to DISTRICT. Page 4 of 13 4. ~`l 6. DEDUCTIBLES ANd SELF-INSURED RETENTIONS. Any deductible or self- insured retention must be declared to and approved by DISTRICT. At the option of DISTRICT, the insurer shall either reduce or eliminate such deductibles orself-insured retentions. 7. ACCEPTABILITY OF INSURANCE. Insurance is to be placed with insurers having a current A.M. Best rating of no less than A-:VII or equivalent or as otherwise approved by DISTRICT. 8. WORKERS' COAIIPENSATION AND EMPLOYER'S LIABILITY INSURANCE. The DEVELOPER and all sub-DEVELOPERS shall insure (or be a qualified self-insured) under the applicable laws relating to workers' compensation insurance, all of their employees working on or about the construction site, in accordance with the "Workers' Compensation and Insurance Act", Division IV of the Labor Code of the State of California and any Acts amendatory thereof. The DEVELOPER shall provide employer's liability insurance with limits of no less than $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee. 9. RESPONSIBILITY FOR WORK. Until the completion and final acceptance by DISTRICT of all the work under and implied by this agreement, the work shall be under the DEVELOPER'S responsible care and charge. The DEVELOPER shall rebuild, repair, restore and make good all injuries, damages, re-erections, and repairs occasioned or rendered necessary by causes of any nature whatsoever. 10. EVIDENCE OF INSURANCE. Prior to execution of the agreement, the DEVELOPER shall file with DISTRICT a certificate of insurance (Accord Form 25-S or equivalent) signed by the insurer's representative evidencing the coverage required by this agreement. Such evidence shall include an additional insured endorsement signed by the insurer's representative and evidence of waiver of rights of subrogation against DISTRICT (if builder's risk insurance is applicable). Such evidence shall also include confirmation that coverage includes or has been modified to include Required Provisions 1-5. The DEVELOPER shall, upon demand of DISTRICT, deliver to DISTRICT such policy or policies of insurance and the receipts for payment of premiums thereon. 11. CONTINUATION OF COVERAGE. If any of the required coverage expires during the term of This agreement, the DEVELOPER shall deliver the renewal certificate(s) including the general liability additional insured endorsement and evidence of waiver of rights of subrogation against DISTRICT (if builder's risk insurance is applicable) to DISTRICT at least ten (10) days prior to the expiration date. Page 5 of 13 ~r~ 12. SUB-DEVELOPERS. In the event that the DEVELOPER employs other DEVELOPERS (sub-DEVELOPERS) as part of the work covered by this agreement, it shall be the DEVELOPER'S responsibility to require and confirm that each sub-DEVELOPER meets the minimum insurance requirements specified above. 't 3. SECUR9TX. Upon execution of this Agreement and prior to Board approval, DEVELOPER shall provide the DISTRICT with a payment bond and a performance bond, each in the amount of $ Each payment and performance bond shall represent 100% of the estimated construction costs of the FACILITIES. Bonds shall be furnished by surety companies satisfactory to the DISTRICT. Surety companies, to be acceptable to the DISTRICT, must have an acceptable rating from Keys Best Guide, authorized to do business and have an agent for service of process in California. If at any time a surety on any such bond is declared as bankrupt or loses its right to do business in the state of California for any reason, DEVELOPER shall, within ten (10) days after notice from the DISTRICT, substitute acceptable bonds in such form and sum and signed by such other surety or sureties as may be satisfactory to the DISTRICT in its sole discretion. The premium on such bonds shall be paid by the DEVELOPER. In the event the PROJECT is sold, transferred or assigned the performance and payment bonds shall remain in effect unless new bonds acceptable to the DISTRICT have been provided. The performance and the payment bonds must remain in effect throughout the period for performance of the work until the work is accepted by formal action of the Board of Directors of the DISTRICT. In lieu of providing these performance and payment bonds, DEVELOPER may provide the DISTRICT with a cash deposit to replace either or both of these bonds, or may provide the DISTRICT with an Instrument of Credit, or Irrevocable Letter of Credit on a form acceptable to the DISTRICT. No substitution or modification of the DISTRICTS standard Instrument of Credit or Irrevocable Letter of Credit shall be accepted without approval of the DISTRICT. '@4. DEVELOPER°S FABLURE TO PROVVDE VNSURAfiICE OR BONDS. In the event any insurance or security provided to the DISTRICT in accordance with this Agreement is terminated or canceled for any reason, or is limited in the scope of coverage required by this Agreement, DEVELOPER shall have thirty (30) consecutive days from written notice from DISTRICT to procure the required insurance or security. The failure of DEVELOPER to present Page 6 of 13 i rf7 alternative insurance or security acceptable to DISTRICT within this thirty- (30-) day period shall. constitute a material breach of this Agreement entitling the DISTRICT to unilaterally terminate this Agreement or sue DEVELOPER for damages at the election of the DISTRICT. 15. EASEMENTS. Prior to execution of this Agreement, DEVELOPER shall provide DISTRICT with a current preliminary title report issued within the last 90 days covering all properties in which easements are to be granted to the DISTRICT. The cost of the preliminary title report shall be borne solely by DEVELOPER. DEVELOPER shall provide the DISTRICT with such easements as the DISTRICT may require, as determined by the DISTRICT in its sole discretion. All easements to be conveyed to the DISTRICT shall be prepared on the DISTRICT'S standard form easements. All easements shall: (1) be of a width satisfactory to DISTRICT, in no case less than twenty (20) feet without specified approval of the Board of Directors; (2) be free and clear of all liens and/or encumbrances which could affect title to the easement; and (3) have recorded subordination agreements for all trust deeds or other liens to insure that the DISTRICT has prior rights in any easements being conveyed to the DISTRICT. DEVELOPER shall procure a policy of title insurance in favor of the DISTRICT covering easements to be granted in amounts determined by the DISTRICT subject only to those conditions of record acceptable to the DISTRICT. All fees and costs to procure easements required by the DISTRICT shall be borne solely by DEVELOPER. Nothing in this Agreement shall obligate the DISTRICT to exercise its condemnation authorities to acquire any easement determined necessary by the DISTRICT. All easements being conveyed to the DISTRICT must be in a recordable form acceptable to the DISTRICT prior to approval of plans and specifications by the DISTRICT. 16. QUALIFIED SERVICE COMMITMENT. Nothing in this Agreement is intended to limit the power of the DISTRICT to restrict the use of water as provided by California Water Code §§ 350 et seq., and §§ 31026 et seq. DEVELOPER is advised and understands that the ability of the DISTRICT to provide water service to the PROJECT is dependent upon the continuing availability of water imported to the DISTRICT from other agencies. In the event of a water shortage, threatened water shortage, or an emergency, water service to DEVELOPER'S project may not be available or may be curtailed or restricted. Consequently, the DISTRICT cannot guarantee that water will be available at the time service is requested. The declaration of a water shortage, threatened water shortage or emergency shall be exercised in the sole discretion of the DISTRICT. DEVELOPER agrees that the DISTRICT shall not be liable for any Page 7 of 13 ~" damages, costs, fees, or expenses of any kind, caused by any curtailment, restriction, or termination of potable water service determined necessary by the DISTRICT. 'V 7. O®~STRtDO'1f0®~ ®iF E~urBfl.I4BES. DEVELOPER shall not commence construction of any FACILITIES required by this Agreement until DEVELOPER has received written authorization from the DISTRICT to proceed. All work performed on the FACILITIES shall be done in strict compliance with the approved plans and specifications and in a good and workmanlike manner as determined by the DISTRICT in its sole discretion. All work performed on the FACILITIES by DEVELOPER shall be subject to inspection by the DISTRICT'S designated representatives and DEVELOPER shall comply with all instructions given by the DISTRICT'S representative during construction of the work. All fees and costs to construct the FACILITIES shall be borne by DEVELOPER. ~~. O®E~6~lte~~CIE 9N9048~ e~PPLB~e~~~lE L~~. DEVELOPER shall insure that all work performed on the project is performed in a manner which complies with all applicable federal and state laws and all county and local government rules and regulations, including all rules and regulations of DISTRICT, as these rules and regulations may be modified or changed from time to time. DEVELOPER shall be solely responsible for obtaining and paying for all permits, licenses and approvals necessary to construct the FACILITIES. DEVELOPER shall provide verification that permits, licenses and approvals have been obtained promptly upon demand from DISTRICT. '~~, ~R~O/AODett`-~ ~i9~GIES. DEVELOPER is aware of the provisions of California Labor Code §§ 1770 et seq., which requires the payment of prevailing wage rates and the performance of other requirements if it is determined that DEVELOPER'S contract with its contractor to construct the FACILITIES is a public works contract. DEVELOPER agrees to hold the DISTRICT and its officers, employees and agents harmless from any claim of liability, including costs of defense and attorney's fees, arising from any alleged failure to comply with these provisions of the Labor Code. DEVELOPER, and not the DISTRICT, shall be liable for insuring that prevailing wages, as set by the Director of the Department of Industrial Relations, have been paid for all work performed in accordance with this contract. In the event of any claim, DEVELOPER shall provide the DISTP.ICT with all information in DEVELOPER'S possession concerning the claim within ten (10) consecutive days following written demand from the DISTRICT. Page 8 of 13 ~ ;y, ~.~ 20. IDTILIZATION OF A PORTION OF WORK. DISTRICT shall have the right upon written notification to the DEVELOPER to utilize such portions of the work DISTRICT deems sufficiently complete to be utilized or placed into service. 2'V. ACCEPTANCE OF WORIG. Upon completion of the FACILITIES required by this Agreement to the satisfaction of the DISTRICT, the FACILITIES which have been constructed shall be presented to the Board of Directors of the DISTRICT for dedication and the filing of a Notice of Completion. The DISTRICT shall have no obligation to accept the FACILITIES or file a Notice of Completion if the design and/or construction of the work is not satisfactory to the DISTRICT in its sole discretion. Upon recordation of a Notice of Completion, all right, title, ownership and interest in the FACILITIES shall be deemed to have been transferred to the DISTRICT. DEVELOPER shall not allow any part of PROJECT to be occupied prior to acceptance of FACILITIES by DISTRICT. 22. LIAEILOTY FOR WORIG PROOR TO FORId~AL ACCEPTANCE. Until the Board of Directors of the DISTRICT has formally accepted all work performed in accordance with this Agreement, DEVELOPER shall be solely responsible for all damage to the work regardless of cause and for all damages or injuries to any person or property from any cause excepting injury or damage caused by the sole or active negligence of DISTRICT, its agents, servants or employees. 23. LIA131LITV AFTER ACCEPTANCE OF WOR&(. After the Board of Directors of the DISTRICT has accepted the FACILITIES by formal action of the Board, DEVELOPER and DEVELOPER'S successors in interest shall remain liable for all injuries or damage to persons or property including damage to the work itself, arising from or related to design or construction of the FACILITIES. 2~A. RELEASE OF SECIJRITX. Forty (40) days after the Notice of Completion has been filed by the DISTRICT, the DISTRICT shall release any security previously provided by DEVELOPER, as long as no claims have been filed. The security shall not be released until the DISTRICT has received a warranty bond or alternative security acceptable to the DISTRICT covering 25% of the original performance bond or alternative security amount. DISTRICT must have warranty bond prior to Board acceptance of the project. This new security shall remain in effect until the warranty period has expired One (1) year from final Board Acceptance and DEVELOPER has corrected all defects noted by the DISTRICT during the warranty period. 25. WARRANTY. DEVELOPER shall and hereby does guarantee all work and materials for the FACILITIES to be free from all defects due to faulty materials or workmanship Page 9 of 13 t ~` yfi y ; for a period of one (1) year after the date of acceptance of the work by the DISTRICT. The DEVELOPER shall repair or remove and replace any and all such work, together with any other work which may be displaced in so doing, that is found to be defective in workmanship and/or materials within said one-year period without expense whatsoever to the DISTRICT, ordinary wear and tear and unusual abuse or neglect excepted. In the event DEVELOPER fails to comply with the above-mentioned conditions within one (1) week after being notified in writing, the DISTRICT is authorized to proceed to have the defects remedied and made good at the expense of DEVELOPER who agrees to pay the cost and charges therefore immediately upon demand. Such action by the DISTRICT will not relieve the DEVELOPER of the guarantee required by this section. This section does not in any way limit liability of the DEVELOPER for any design defects or defects in the work subsequently discovered by the DISTRICT. ~~. B~9®IE~~&BT1P. DEVELOPER shall be solely responsible and liable for design defects or defects in work performed to construct the FACILITIES required by this Agreement. This shall include liability and responsibility for injury or damage to the work itself. DEVELOPER hereby agrees to hold harmless, indemnify and defend the DISTRICT, the DISTRICT'S representatives and each of the DISTRICT'S officers, employees and agents from any and all claims, suits or action of every name, kind and description brought for or on account of injuries to or death of any person or damage to any property resulting from design or construction of the FACILITIES except where the injury or damage has been caused by the sole and active negligence of the DISTRICT, its agents, servants or employees. In the event that any suit is instituted naming the DISTRICT as a party, the DISTRICT shall be entitled to appoint its own independent counsel to represent the DISTRICT; and DEVELOPER agrees to pay all attorney's fees and litigation costs associated with this defense. This indemnity shall extend to any claims arising because DEVELOPER has failed to properly secure any necessary easement, land right, contract or approval ~~. ~~-~tDOBe'6 ®B~~~V~B¢3S. Prior to acceptance of the work by the Board of Directors of the DISTRICT, DEVELOPER shall provide the DISTRICT with two (2) blueprint copies of "as- built" drawings. Upon approval of the blueprint copies the DISTRICT will require a bonded mylar or original drawing, disk and certification by a licensed engineer in the state of California as to the accuracy and completeness of the "as-built" drawings. ~~. ~ASI-0 ®EP®~VTS. DEVELOPER shall provide the DISTRICT with an initial cash deposit in the amount of $ to cover all DISTRICT fees and costs associated with the FACILITIES. When this deposit has been drawn down to $ ,DEVELOPER agrees to Page 10 of 13 1 (t~~, deposit such additional sums as the DISTRICT may determine from time to time to cover all fees and costs of the DISTRICT. Prior to final acceptance of the project, a final accounting will be forwarded to the developer for payment. Additional deposits for additional inspections after acceptance of the project may be requested. ~~, ~los~~~o~~u~®a~~ ~~®~osa®~us. 2~.'0 VEh1-tD~. In the event of any legal or equitable proceeding to enforce or interpret the terms or conditions of this Agreement, the parties agree that venue shall lie only in the federal or state courts in or nearest to the North County Judicial District, County of San Diego, State of California. ~~.~ ~®®~EODW49®~I. This Agreement may not be altered in whole or in part except by a modification, in writing, executed by all the parties to this Agreement. ~~.~ e~T4®~2~~1f°S EEES. In the event of any legal or equitable proceeding to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to all reasonable attorney's fees and costs in addition to any other relief granted by law. This provision shall apply to the entire Agreement. 2~.~8 Efi~'D•00'~~ e>~Q9BvEE6'~~~T. This Agreement, together with all the exhibits attached to this Agreement, contains all representations and the entire understanding between the parties with respect to the subject matter of this Agreement. Any prior correspondence, memoranda or agreements are in conflict with this Agreement are intended to be replaced in total by this Agreement and its exhibits. 2~.~ dAS~OQ'a~G~EB~4S. DEVELOPER shall not be entitled to assign all or any portion of its rights or obligations contained in this Agreement without obtaining the prior consent of the DISTRICT, which consent shall not be unreasonably withheld. Any purported assignment without the DISTRICT'S prior written consent shall be void. 2g.~ ~Odi@®~~¢~ ~IFEEOT. This Agreement shall inure to the benefit of and be binding upon the parties and their respective purchasers, successors, heirs and assigns. Page 11 of 13 ;i 29.7 6DNEPBP®@2eEA631_~ Pld®V@SI®NS. The terms, conditions and covenants of this Agreement shall be construed whenever possible as consistent with all applicable laws and regulations. To the extent that any provision of this Agreement, as so interpreted, is held to violate any applicable law or regulation, the remaining provisions shall nevertheless be carried into full force and effect and remain enforceable. 29.9 68~~ffA~SE~011'ATO®N ®E CAB~ACOTY lf® C®~OTRAC'lf. Each of the parties to this Agreement represents and warrants that he has the authority to execute this Agreement on behalf of the entity represented by that individual. 29.9 ®~~®I~T~~IOT~r ~® ~~ ~~~6a~~~6~~~® ~~ 6~0®~~~~®~h~uT ~a~u.uras~~. DEVELOPER has been advised and understands that this Agreement has been prepared by The Law Offices of Jeffrey G. Scott, general counsel, who represents only the DISTRICT. DEVELOPER warrants and represents that DEVELOPER has been advised to consult independent legal counsel of its own choosing and has had a reasonable opportunity to do so prior to executing this Agreement. 29.'6® 6~® ~fA0V~02. The failure of either party to enforce any term, covenant or condition of this Agreement on the date it is to be performed shall not be construed as a waiver of that party's right to enforce this, or any other, term, covenant or condition of this Agreement at any later date or as a waiver of any term, covenant or condition of this Agreement. 29.'0'6 N®T6~~S. All letters, statements or notices required pursuant to this Agreement shall be deemed effective upon receipt when personally served or when sent certified mail, return receipt requested to the following addresses: 29.'02 SEPIEC1fOV~ ®AT~. The effective date of this Agreement, e~cecuted in counterparts in the North County Judicial District, County of San Diego, State of California, is Page 12 of 13 "DISTRICT" VALLECITOS WATER DISTRICT By: Dated: Dennis O. Lamb, Secretary Board of Directors Vallecitos Water District *Acknowledgment of the signature(s) of authorized representative(s) of DEVELOPER executing this Construction Agreement, by a Notary Public, is required. Attach acknowledgment to this page. Page 13 of 13 Last Updated 6/28/2010 H:\Engineering\MASTER\LEGAL\UPDATED Construction Agrmaster427-10 (2) 052010.doc THIS PAGE INTENTIONALLY LEFT BLAND ~~~ Recording requested by & when recorded, return to: Vallecitos Water District 201 Vallecitos de Oro San Marcos, CA 92069 APN: use) None (Space above for Recorder's Document Transfer Tax: .IOIn-r usE a oREEt~En-r ~ErwEE~v rHE ,alvD THE VALLECITOS W.4PER DISTRICT This Joint Use Agreement is entered into between the Vallecitos Water District ("District"), a County Water District organized and operating pursuant to the County Water District Law, California Water Code § 30000 et seq., and the city ("city") this _ day of , 201_, to enable the city to use a portion of a District easement located on San Diego County Assessor's Parcel No. ("Easement") for certain specified purposes WHEREAS, District's Easement is located upon, over, under, and across the lands described in Exhibit "A" attached hereto and incorporated herein and more specifically delineated on the plat map attached hereto as Exhibit "A-1"and incorporated herein; and WHEREAS, City desires to obtain District's consent to use a portion of the District's Easement as shown on Exhibit "A-2" (the "Trail") in conjunction with the City Trails Master Plan. NOW, THEREFORE, the parties mutually hereby agree as follows: 1. City, its successors in interest, and assigns shall have the right and privilege to use the Easement within the designated Trail route on Exhibit "A-2" for the purpose of recreational pedestrian, bicycling, and equestrian use. Any use of the Easement for such purpose other than on the designated Trail route is strictly prohibited. City shall cause to be installed signage and other restrictive measures as is necessary to limit permitted recreational uses to the designed Trail route. Page 1 of 4 t r•r- 2. City shall also be responsible to limit, through sheriffs patrol, gates, barriers, and other reasonably feasible means, use of the Trail to recreational pedestrian, equestrian, and bicycle uses consistent with the City Master Trails Plan. District shall approve the location and design of all structures including gates, barriers, or other types of restrictive devices on the Easement. City shall be responsible for the clean up of all trash and excrement on, along, and adjacent to the Trail; and City shall be responsible, at its cost, for all additional maintenance associated with the use of the Trail in accordance with this agreement. Such additional maintenance shall include, but not be limited to, damage to structures, trash deposited on non-trail areas, or graffiti. City will routinely patrol the Trail to ensure proper maintenance and clean-up. City shall be responsible for responding to complaints, disputes, or confrontations between users ofthe Trail, adjoining property owners, and others regarding use of the Trail. 3. District shall maintain all portions of the Easement not within the Trail, exceptvvhere it is found that use of the Trail has caused additional maintenance requirements in the non-Trail areas of the Easement. District, in its sole discretion, may perform maintenance in areas ofjoint use, but such maintenance does not obligate District to continue doing so, nor does it relieve City from its responsibilities under this agreement. 4. City will provide additional Trail security through volunteer, parks and recreation departmenfi employees, and sheriff patrols and will assure the Trail will be properly and routinely patrolled and well-maintained. 5. District shall be deemed the "party first in place" and its rights and interest shall be prior in time and superior in title to those of City. 6. In the event the City's use of the Trail unreasonably interferes with the District's use of the Easement, the District may cancel this Joint Use Agreement upon sixty (60) days prior written notice. 7. The City and its successors in interest shall defend, at its own expense, including attorney's fees, indemnify, and hold harmless the District and its agents, officers, and employees from and against any and all claims asserted or liabilities, loss, cost, penalties, suites, damage, and expense incurred to or by any person or property which arise from, are connected with, or are caused by (i) a dangerous condition of the Trail, (i) any act(s) or omission(s) of the City and/or its successors in interest, their employees, agents, contractors, successors, and/or assigns, or (iii) the condition, use, and maintenance of the Trail, whether defective or otherwise, including but not limited to any such loss, cost, damage, liability, and expense arising from damage to or destruction of real and personal property or injury to or death of any person; provided, however, that the City's duty fo indemnify and hold harmless shall not include liability arising from the established sole negligence or willful misconduct of the District, its officers, and/or employees. The District shall Page 2 of 4 ~' , ~~ defend, at its own expenses, including attorneys fees, indemnify, and hold harmless the City from and against any and all claims asserted or liability, Toss, cost, penalties, damage, and expense incurred to or by any person or property which arise from, are connected with, or are caused by. a dangerous condition on that portion of the District's Easement which is not a part of the Trail or is not actually used for the Trail, excepf to the extent that the Trail and/or its pedestrian, equestrian, and recreational users have caused the dangerous condition for such reasons as, but not limited to, the increased public access to the non-Trail areas of the Easement. 8. Nothing herein contained shall constitute a grant of easement by District to City. 9. In the event either party commences legal action against the other by reason of an alleged breach of this Joint Use Agreement or in connection with the use of the District's Easement and right of way, venue shall lie in the state or federal courts nearest to the North County Judicial District of the County of San Diego, California, and the prevailing party shall be entitled to recover its costs and attorney's fees as set by the court. "Prevailing party" means the party in whose favorfinal judgment is rendered. 10. Any notice required, permitted, or contemplated underthis Joint Use Agreement shall be deemed given when actually delivered or when deposited in the mail, certified or registered, postage prepaid, addressed as follows: Page 3 of 4 "DISTRICT" VALLECITOS WATER DISTRICT Accepted By: Date: , 2010 Dennis O. Lamb, Secretary Board of Directors Vallecitos Water District "OWNER"* BY~ Date: ,2010 Title: Page 4 of 4 ~.:: Recording requested by & when recorded, return to: Vallecitos Water District 201 Vallecitos de Oro San Marcos, CA 92069 (Space Above for Recorder's Use) Documentary Transfer Tax: NONE VALLECITOS WATER DISTRICT TEMPORARY SEWER CONNECTION AGREEMENT RECITALS 1. OWNER has title to real property situated in the County of San Diego, State of California, within the boundaries of District; the real property of OWNER is more particular described in Exhibit "A" attached hereto and made a part hereof. 2. The property of OWNER is not adjacent to any sewer main of the DISTRICT, and OWNER has applied for permission to connect with a DISTRICT main at location removed from their property for the purpose of providing a sewer supply for the property. 3. DISTRICT is willing to permit a TEMPORARY connection at the nearest main, subject to the terms and conditions of the Agreement. COVENANTS IT IS, THEREFORE, AGREED by and between OWNER, on behalf of themselves and their heirs, successors and assigns in interest in the above-described property, and DISTRICT, as follows: 4. OWNER will pay the regular charge for the installation of a lateral and service connection on the District's nearest main, and acquire any easement or encroachment permitwhich might be necessary to run a service lateral from the sewer main to the place of use on OWNER's property. 5. The cost of acquiring any such easement or encroachment permit, the installation and subsequent maintenance of the sewer service lateral extending from the main shall be entirely at the Page 1 of 4 S l I 4F j OWNER's expense, and the DISTRICT shall have no liability or responsibility therefore. 6. The connection provided under the terms of this agreement shall be available to serve sewer to the property of OWNER, as described, only so long as such connection shall serve only one parcel. 7. The service and use of the connection may be terminated by the DISTRICT upon thirty (30) days written notice addressed to OWNER at their last known address on file in the District in the event the service is extended to any subdivision of the property into two or more separate parcels to be served from such connection, or in the event of the construction of two or more residences thereon. 8. Should DISTRICT or others hereafter install or provide a DISTRICT sewer main adjacent to OWNER's property which would extend to OWNER's properly so as to serve substantial portions thereof, the temporary connection permitted by the agreement shall, upon demand by the DISTRICT, be terminated, and after such termination, any future sewer service shall be provided by a connection to the new DISTRICT main upon the payment to the DISTRICT by OWNER of any connection fee then established by DISTRICT. The amount of such fee shall include the expense incurred by the DISTRICT in moving the lateral to the new main, together with such other reasonable charges as DISTRICT may establish, including a prorata share of the cost of the installation of such new main. 9. OWNER being the owner or owners of the property described in Exhibit "A", in consideration of the Agreement for temporary sewer service consent on behalf of OWNER, their heirs, successors and assigns to participate in any future SPECIAL ASSESSMENT IMPROVEMENT DISTRICT which Vallecitos Water District may establish under the IMPROVEMENT DISTRICT ACT OF 1911, Division 7 (Section 5000 et seq.) of the Streets and Highway Code of the State of California, or under MUNICIPAL IMPROVEMENT ACT OF 1913, Division 12 (Section 10,000 et seq) of the Streets and Highways Code of the State of California, or under the IMPROVEMENT BOND ACT OF 1915, Division 10 (Section 8500 et seq) of the Streets and Highways Code of the State of California, or any combination of said Acts; OWNER further consents that Vallecitos Water District may, under the provision of said Acts or a combination of said Acts, conduct all proceedings for the formation of a SPECIAL IMPROVEMENT DISTRICT for the construction of improvements designed to provide sewer service to the area in which OWNER's land is located; OWNERS for themselves, their heirs, successors and assigns hereby waive and request the DISTRICT to dispense with any and all proceedings any and all limitations under the Page 2 of 4 i :, j SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, Division 4, (Section 2800 et seq) ofthe Streets and Highways Code ofthe State of California. This consent is filed with DISTRICT as part of this Agreementfortemporary sewer service pursuant to the provisions of Section 2804 of the Streets and Highways Code of the State of California, as amended, a part ofthe SPECIALASSESSMENTINVESTIGATION LIMITATION AND MAJORITY PROTEST ACT OF 1931. '6 ®. OW NER understands that in entering into this Agreement for temporary sewer service, DISTRICT does so in material reliance on the provisions of the Agreement, including, but not limited to, the consent to participate in assessment district proceedings and waiver of all proceedings and all limitations underthe SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931. '9'8. Any breach or violation of the terms and conditions established by this Agreement or of DISTRICT'S rules and regulations shall, atthe option ofte DISTRICT, permit DISTRICT toterminate this Agreement and the temporary connection, if such breach or violation is not cured within thirty days after written notice given OWNER ortheir successors in interest, by DISTRICT. In the event of such termination, DISTRICT may disconnect the line without any further liability or obligation to OWNER ortheir successors in interest. ~~. Parties agree thatthis Agreement shall be binding upon OWNER, their heirs, assigns and successors in interest to the property described in Exhibit "A" attached hereto and made a part hereof. 'V 3. In the event of litigation to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs of litigation. '84. This Agreement is executed in the North County Judicial District, County of San Diego, State of California. 'V 5. The effective date of this Agreement is IN WITNESS WHEP.EOF, this Agreement is executed by the duly authorized officers of the DISTRICT and OWNER. Page 3 of 4 , _. "DISTRICT" VALLECITOS WATER DISTRICT Accepted By: Dennis O. Lamb, Secretary Board of Directors Date: 201 "OWPIER"* By: Title: By:, Title: Date: ,2010 Date: ,2010 " If the land is held by husband and wife, both parties must sign the Agreement and the signatures my be notarized; if the OWNER is a. corporation, partnership or other legal entity, the appropriate notarization showing the identity of the OWNER and the authority to execute this Agreement must be attached. Page 4 of 4 Last Updated 6/28/2010 H:\Engineering\MASTER\LEGAL\UPDATED Temp Sewer Connection Agreement-IN WORD FORMAT 052710 .doc '~~ Recording requested by & when recorded, return to: Vallecitos Water District 201 Vallecitos de Oro San Marcos, CA 92069 APN: (Space above for Recorder's Use) Document Transfer Tax: NONE VALLECITOS WATER DISTRICT TEMPOR,4RY WATER CONNECTION ~4GREEMENT RECETALS 1. OWNER has title to real property situated in the County of San Diego, State of California, within the boundaries of the District; the real property of OWNER is more particularly described in Exhibit "A" attached hereto and made a part hereof. 2. The property of OWNER is not adjacent to any water main of the DISTRICT, and OWNER has applied for permission to connect to a District main at a location removed from their property for the purpose of providing a water supply for the property. 3. DISTRICT is willing to permit a TEMPORARY connection at the nearest main, subject to the terms and conditions of the Agreement. IT IS, THEREFORE, AGREED by and between OWNER, on behalf of themselves and their successors and assigns in interest in the above described property, and DISTRICT, as follows: 4. OWNER will pay the regular charge for the installation of a meter and service connection to the District's nearest main, and acquire any easement or encroachment permit which might be necessary to install a service from the meter to the place of use on OWNER's property. 5. The cost of acquiring any such easement or encroachment permit, the installation and subsequent maintenance of the service extending from the discharge side of the meter shall be entirely at the OWNER's expense, and the DISTRICT shall have no liability or responsibility therefore. Page 1 of 4 ._., -~ ~' 6. The connection provided under the terms of this agreement shall be available to serve water to the property of OWNER, as above described, only so long as such connection shall serve only one parcel. 7. The service and use of the connection may be terminated by the DISTRICT upon thirty (30) days written notice addressed to OWNER at their last know address on file in the District in the event the service is e~dended to any subdivision or the property into two or more separate parcels to be served from such connection, or in the event of the construction of two or more residences thereon. ~. Should DISTRICT or others hereafter install or provide a DISTRICT water main adjacent to OWNER's property which would exfend to OWNER's property so as to serve substantial portions thereof, the temporary connection permitted by the agreement shall, upon demand by the DISTRICT, be terminated, and after such termination, any future water service shall be provided by a connection to the new DISTRICT main upon payment to the DISTRICT by OWNER of any connection fee then established by DISTRICT. The amount of such fee shall include the expense incurred by the DISTRICT in moving the meter to the new main, together with such other reasonable charges as DISTRICT may establish, including a prorata share of the cost of the installation of such new main. ~, OWNER being the owner or owners of the property described in Exhibit "A", in consideration of the Agreement for temporary water service consent on behalf of OWNER, their heirs, successors and assigns to participate in any future SPECIAL ASSESSMENT IMPROVEMENT DISTRICT which Vallecitos Water District may establish under the IMPROVEMENT DISTRICT ACT OF 1911, Division 7 (Section 5000 et seq) of the Streets and Highways Code of the State of California, or under MUNICIPAL IMPROVEMENT ACT OF 1913, Division 12 (Section 10,000 et seq) of the Streets and Highways Code of the State of California, or under the IMPROVEMENT BOND ACT OF 1915, Division 10 (Section 8500 et seq) of the, Streets and Highways Code of the State of California, or any combination of said Acts; OWNER further consents that Vallecitos Water District may, under the provisions of said Acts or a combination of said Acts, conduct all proceedings for the formation of a SPECIAL IMPROVEMENT DISTRICT for the construction of improvements designed to provide water service to the area in which OWNER's land is located; OWNERS for themselves, their heirs, successors and assigns hereby waive and request the DISTRICT to dispense with any and all proceedings and any and all limitations under the SPECIAL ASSESSMENT IN\/ESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931. '@®. OWNER understands that in entering into this Agreement for temporary water service, DISTRICT does so in material reliance on the provisions of the Agreement, including, Page 2 of 4 but not limited to, the consent to participate in assessment district proceedings and waiver of all proceedings and all limitations under the SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931. 11. Any breach or violation of the terms and conditions established by this Agreement or of DISTRICT'S rules and regulations shall, at the option of the DISTRICT, permit DISTRICT to terminate this Agreement and the temporary connection, if such breach or violation is not cured within thirty days after written notice is given OWNER or their successors in interest, by DISTRICT. In the event of such termination, DISTRICT may disconnect the line without further liability or obligation to OWNER or their successors in interest. 12. Granting of this temporary water service does not constitute reservation of sewer capacity rights now or in the future. 13. OWNER agrees to abide by all applicable rules and regulations on file with the DISTRICT, and that the DISTRICT shall not guarantee and uninterrupted supply of water; that in the event of a water shortage caused by drought, equipment failure or insufficient pumping, transmission or storage facilities, DISTRICT shall be the sole judge as to the allocation of the available supply. 14. Parties agree that this Agreement shall be binding upon OWNER, their heirs, assigns and successors in interest to the property described in Exhibit "A" attached hereto and mad a part hereof. 15. In the event of litigation to enforce this Agreement, the prevailing party shall be entitled to reasonable Attorney's fees and costs of litigation. 16. This Agreement is executed in the North County Judicial District, County of San Diego, and State of California. 17. The effective date of this Agreement is Page 3 of 4 ~ ~ J IN WITNESS WHEREOF, this Agreement is executed by the duly authorized officers of DISTRICT and OWNER. "DISTRICT" V.4LLEClTOS WATER DISTRICT Accepted By: Dennis O. Lamb, Secretary Board of Directors Vallecitos Water District Date: 201 "OWNER"* By: Date: ,2010 Title: By: Date: ,2010 Title: " If the land is held by husband and wife, both parties must sign the Agreement and the signatures must be notarized; if the OWNER is a corporation, partnership or other legal entity, the appropriate notarization showing the identity of the OWNER and the authority to execute this Agreement must be attached. Page 4 of 4 Last Updated 6/28/2010 H:\Engineering\MASTER\LEGAL\UPDATED Temp Water Connection Agreement-IN WORD FORMAT D52710 .doc `~f r VALLECITOS WATER DISTRICT REIMBURSEMENT AND ACQUISITION AGREEMENT APN: This AGREEMENT is entered into by and between the Vallecitos Water District ("District"), a County Water District organized and operating pursuant to California Water Code section 3000 et seq., and ("Developer"). RECITALS A. Developer owns property in San Diego County within the service jurisdiction of District. B. Developer desires service to its property from District. As a condition of providing service, District has required that Developer extend existing facilities which may benefit and provide service to other properties within the immediate area of Developer's property. C. District adopted Ordinance No. 161 on April 15, 2009, which established District policies and procedures related to reimbursements for water and sewer extensions and/or over sizing of facilities. D. Developer has constructed facilities pursuant to the construction agreement approved on , 20_, between District and Developer as shown on the plans and specifications prepared by (Engineer), and are identified as (Project). E. District and Developer, by ttiis Agreement, desire to enter into a reimbursement agreement pursuant to the terms and conditions of District Ordinance No. 161. COVENANTS NOW, THEREFORE, it is agreed by and between the parties as follows: Section 1. Conditions Precedent to Execution of Agreement. Page 1 of 6 f As an express condition precedent to District's obligation to .execute this Agreement, Developer agrees to provide, in a form acceptable to District, all documents necessary for acceptance and acquisition of facilities by District, including, but not limited to: easements, grants of fee interests, lien releases, subordination agreements and recorded notices of completion. Notices of completion shall be recorded by District. Section 2. District Administrative Costs. Developer shall be responsible for all District administrative costs attributable to Developer's request for a reimbursement agreement in accordance with Ordinance No. 161. Administrative costs shall include District expenses for engineering, legal services (including, but not limited to, costs of condemnation), management and incidental expenses related preparation and review of the reimbursement agreement. Administrative costs paid by applicant shall not be eligible for reimbursement. Developer acknowledges and agrees that the District shall retain 5% of any payment received for reimbursement of administration costs incurred by the District during the term of this agreement. Section 3. Construction Costs. Construction costs shall only include Developer's costs directly related to construction of the facilities in accordance with Ordinance No. X)CX, and shall be subject to reimbursement as set forth in Section 5. Eligible construction costs shall not include applicant's costs for administrative, engineering, financing, legal services, surveying, permits, inspection related expenses, or water services and sewer laterals serving or appurtenances benefiting applicants property. Section 4. Contributions/Separate Agreements. Developer warrants and acknowledges that all private agreements, including exemptions, or contributions from lands within the proposed benefit area have been disclosed to the District and have been taken into consideration in the proposed reimbursements. Developer Page 2 of 6 t °-t "~. further acknowledges that failure to disclose all private agreements and contributions may void this Agreement in its entirety Section 5. Reimbursement and Agreement Term. Developer shall be entitled to receive reimbursement payments until either all payments specified in the agreement have been made, or a maximum period of twenty (20) years from the effective date of the reimbursement agreement expires. The District agrees to reimburse applicant the amount received by the District, for each benefited property, the proportionate share of eligible construction costs plus interest calculated from the effective date of the agreement to the date received by the District at an interest rate of five and one-half percent (5'/~%) interest. Following reimbursement of all approved construction costs or automatic termination of the agreement, applicant shall not be entitled to any further reimbursements. In no case is the District responsible for payment of any outstanding reimbursements from District funds and is under no obligation to make payments for uncollected reimbursements. The term of this Agreement and District's obligation to reimburse Developer shall expire twenty (20) years from the Agreement's effective date, and the District shall have no further obligation to reimburse Developer after Section 6. Benefit Area and Reimbursements. The attached Exhibit "A" identifies the benefit area, and Exhibit "B" identifies the reimbursement amounts as well as special conditions or limitations. These attachments form the sole basis of the benefit area and reimbursements for this Agreement and no other reimbursements shall be considered. Section 7. Termination. In the event of termination of this Agreement, Developer shall have no further interest or right of reimbursement from District and all revenues subsequently received by District shall be the sole property of District. Section8. Records. Page 3 of 6 ~~~ Developer warrants that accurate records of the actual construction costs have been kept according to accepted engineering and accounting principles. Developef will provided such records to the District for inspection and review in accordance with Ordinance No. 161. Section 9. Warranties. Developer further warrants that there are no liens, stop notices or claims against the project; that the legal time for filing any such claims, notices or liens has expired; and agrees to defend, indemnify and hold District harmless for any or all such liens, notices or claims. Section 10. Reimbursement Payments. Reimbursement payments shall be made to Developer within (90) days of receipt by District pursuant to the notice provision of Section 12.8. In the event payments are not claimed by Developer after attempted delivery at the address set forth in Section 12.8, District shall have the right to retain payments and shall have no further obligation to pay Developer. Section 11. No Guarantees. Developer understands and acknowledges that District cannot guarantee that District will be able to collect construction costs from all property owners who connect to facilities. District agrees to make reasonable efforts to collect reimbursement costs from new connections. Section 12. Miscellaneous Provisions. 12.1 Applicable Law. This Agreement and any disputes relating to this Agreement shall be construed under the laws of the State of California. 12.2 Venue. In the event of any legal or equitable proceeding to enforce or interpret the terms or conditions of this Agreement, the parties agree that venue shall lie only in the federal or state courts in or nearest to the North County Judicial District, County of San Diego, and State of California. Page 4 of 6 r°;. 12.3 Attorney's Fees. In the event any legal or equitable proceeding to enforce or interpret the terms of this Agreement; the prevailing party shall be entitled to all reasonable attorney's fees and costs in addition to any other relief granted by law. This provision shall apply to the entire Agreement. 12.4 Assignment. Developer shall not be entitled to assign all or any portion of its respective rights or obligations as specified in the Agreement without obtaining the prior written consent of the District. Any purported assignment without the District's prior written consent shall be void. 12.5 Entire Agreement. This Agreement, together with all Exhibits attached hereto, contains all representations and the entire understanding between the parties. No other representations are intended or shall be implied. Any prior correspondence, memoranda or agreements, whether or not such correspondence, memoranda or agreements are in conflict with this Agreement, are intended to be replaced in total by this Agreement and any Exhibits to this Agreement. 12.6 Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties and their respective purchasers, successors, heirs and assigns. 12.7 Unenforceable Provisions. The terms, conditions and covenants of this Agreement shall be construed whenever possible as consistent with all applicable laws and regulations. To the extent that any provisions of the Agreement as so interpreted are held to violate any applicable law or regulation, the remaining provisions shall nevertheless be carried into full force and effect and remain enforceable. 12.8 Notices. All reimbursements, letters, statements or notices required pursuant to this Agreement shall be deemed effective upon posting in the United States mail to the following addresses: 12.9 Effective Date. This Agreement shall become effective as of ,upon execution by the parties. Page 5 of 6 ~ ~' "DISTRICT" VALLECITOS WATER DISTRICT Accepted By: Date: Dennis O. Lamb, Secretary Board of Directors Vallecitos Water District 201 "Developer" Name: Address: Phone No.: By: Title: Date: ,2010 t Acknowledgement of the signature(s) executing this Easement Document, by a Notary Public, is required. Attach acknowledgement to this page. Page 6 of 6 Last Updated 7/7/2010 C:\Documents and Settings\sweaver\Local Settings\Temporary Internet Files\Content.Outlook\QS3Q7T49\UPDATED Reimbursement and Acquisition Agreement 052510.d~~ '`j'I TEMPORARYWATER SERVICE AGREEMENT BETWEEN VALLECITOS WATER DISTRICT AND VISTA IRRIGATION DISTRICT Hriv: This Agreement is made between VALLECITOS WATER DISTRICT ("VALLECITOS"), a County Water District organized and operating pursuant to the County Water District Law, California Water Code § 30000 et seq. and VISTA IRRIGATION DISTRIT ("VISTA"), an Irrigation District organized and operating pursuant to California Water Code § 20500 et seq. RECITALS 9. Certain real property, more specifically described in the attached Exhibit "A" (the "PROPERTY"), lies within the boundaries of VALLECITOS. 2. The owner of the PROPERTY ("Property Owner") desires to obtain water service, and VALLECITOS has no water facilities at present to provide such service. 3. The PROPERTY lies adjacent to water distribution facilities of VISTA, and a surplus capacity exists at present in the facilities of VISTA which can be utilized for the delivery of water to the PROPERTY. 4. VISTA has agreed to provide water service to the PROPERTY as an alternative to and substitute for VALLECITOS pursuant to California Government Code § 56133(e), and the Local Agency Formation Commission does not need to approve this agreement. COVENANTS 5. VISTA shall install, at the location approved by VISTA, a meter for the delivery of water to the PROPERTY and shall thereafter deliver water to the PROPERTY under the terms of this agreement and VISTA's rules and regulations. 6. The Property Owner and VALLECITOS will enter into a separate agreement (exchange agreement for temporary delivery of water) providing for payment of all applicable fees, including reimbursement for the cost of backflow devices which may be installed by VISTA and payment of any backflow service charges. VISTA shall bill VALLECITOS for service charges, and VALLECITOS shall bill the Property Owner. 7. VISTA shall periodically read the meter installed under this agreement and shall bill VALLECITOS for service charges and VALLECITOS shall bill property owner. Page 1 of 3 ~ ,~ ,~ ?=~ 8. VALLECITOS shall charge the Property Owner for water delivered at its regularly established rates, or the VISTA rate, whichever' is greater, and the Property Owner shall further pay such charges as may from time to time be established by VALLECITOS. 9. Should VALLECITOS or others hereafter install or provide a VALLECITOS water main capable of servicing the PROPERTY, as determined by VALLECITOS, the temporary service connections permitted by this agreement shall be terminated upon sixty (60) days' written notice from VALLECITOS. 10. Thereafter, any future water service shall be provided by a connection to the new VALLECITOS main. The fees associated with moving the water meter and service to a new main, together with such other reasonable charges as the Board of Directors may determine, including a pro rata share of the cost of installation of such new water mains shall be paid by the Property Owner. 11. Should VISTA determine that its facilities are required for the delivery of water solely to lands lying within its boundaries and rio capacity exists for the continued delivery of water to the PROPERTY, VISTA may, at VISTA's sole discretion and upon one hundred eighty (180) days' written notice to VALLECITOS, terminate this Agreement. VALLECITOS shall provide notice to Property Owner. 72. In the event of termination, the meter and service laterals installed by VISTA shall be removed at Property Owner's expense, which VALLECITOS agrees to require as part of its agreement with Property Owner. 93. VALLECITOS understands and will insure that the Property Owner ac{cnowledges and accepts the following special risks: (1) Water service may be terminated pursuant to this Agreement rendering the PROPERTY uninhabitable. (2) VISTA's water service may be inadequate for peals demand and fire fighting purposes and the PROPERTY may be without water service from time to time. VISTA makes no guarantee of any kind as to the pressures or volumes of water available at the meter. (3) The PROPERTY will not be transferred to different ownership unless and until that ownership executes a new agreement with VALLECITOS and with terms effective as of the date of transfer. 94. This agreement is executed in duplicate and is to be performed in the North County Judicial District, County of San Diego, State of California. 15. The effective date of this Agreement is the day of , 201_. Page 2 of 3 ~~'~° ~, IN WITNESS WHEREOF, this Agreement is executed by the duly authorized officers of VALLECITOS and VISTA. "DISTRICT" V6ILLECITOS YI/ATER DISTRICT Accepted By: Dennis O. Lamb, Secretary Board of Directors Vallecitos Water District Date: 20 VISTR. IRRIGP.TIORI DISRICT By: Date: , 2010 Roy Coox, General Manager Vista Irrigation District Page 3 of 3 Last Updated 6/28/2010 H:\Engineering\MASTER\LEGAL\UPDATED TEMPORARY WATER SERVICE EXCHANGE AGREEMENT 052010.doc ~ ~~, Recording requested by & when recorded, mail to the: Vallecitos Water District 201 Vallecitos de Oro San Marcos, CA 92069 APN: (Space above for Recorder's use) Document Transfer Tax: None EXCHANGE AGREEMENT FOR TEMPORARY DELIVERY OF VP/A TER This Agreement is made between VALLECITOS WATER DISTRICT ("VALLECITOS"), a County Water District organized and operating pursuant to the County Water District Law, California Water Code § 30000 et seq., and OWNER"). RECITAaLS ("PROPERTY 'I. PROPERTY OWNER is the owner of the real property (APN: )situated in the County of San Diego, State of California, described in Exhibit "A" attached hereto ("the PROPERTY"). 2. The PROPERTY lies within the boundaries of VALLECITOS. 3. PROPERTY OWNER desires to obtain water service for the PROPERTY and VALLECITOS has no water facilities at present to provide such service. ~. The PROPERTY lies adjacent to water distribution facilities of the Vista Irrigation District ("VISTA"), and a surplus capacity exists at present in the facilities of VISTA which can be utilized for the delivery of water to the PROPERTY. 5. VISTA has agreed to provide water service to the PROPERTY, under a separate agreement (temporary water service exchange agreement between Vallecitos Water District and Vista Irrigation District) hereto as Exhibit "B," as an alternative to and substitute for VALLECITOS pursuant Government Code § 56133(e). COVENANTS 6. PROPERTY OWNER agrees to reimburse VISTA for the cost of baclcflow devices which may be installed by VISTA. PROPERTY OWNER shall be responsible for payment of any backflow service charges. VISTA shall bill VALLECITOS for service charges and VALLECITOS shall bill PROPERTY OWNER. Page 1 of 4 ~~.'„1 7. PROPERTY OWNER agrees to pay VALLECITOS the current Water Capital Facility Fee and the current San Diego County Water Authority Fee along with an installation deposit as determined by VISTA prior to installation of a water meter. 8. VALLECITOS shall charge PROPERTY OWNER for water delivered at its regularly established rates, or the VISTA rate, whichever is greater, and PROPERTY OWNER shall further pay such charges as may from time to time be established by VALLECITOS. 9. Should VALLECITOS or others hereafter install or provide a VALLECITOS water main capable of servicing PROPERTY OWNER's property, as determined by VALLECITOS, the temporary service connections permitted by this Agreement shall, upon sixty (60) days' written notice to PROPERTY OWNER by VALLECITOS at the address stated below, be terminated. '90. Thereafter, any future water service shall be provided by a connection to the new VALLECITOS water main. The amount of such fee shall include the expense by VALLECITOS in moving meters to new mains, together with such other reasonable charges as the Board of Directors may determine, including apro-rata share of the cost of installation of such new water mains. 9'~. PROPERTY OWNER, being the owner of real property described in Exhibit "A", in consideration of the Agreement, consents on behalf of PROPERTY OWNER, his heirs, successors and assigns to participate in any future SPECIAL ASSESSMENT IMPROVEMENT DISTRICT which VALLECITOS may establish under the IMPROVEMENT ACT OF 1911, Division 7, § 5000 et seq., of the California Streets and Highways Code; under the MUNICIPAL IMPROVEMENT ACT OF 1913, Division 12, § 10000 et seq., of the California Streets and Highways Code; under the IMPROVEMENT BOND ACT OF 1915, Division 10, § 8500 et seq., of the California Streets and Highways Code; under the MELLO ROOS COMMUNITY FACILITY ACT, Division 2, § 53311 et seq., of the California Government Code; or any combination of said Acts. PROPERTY OWNER further consents that VALLECITOS may, under the provisions of said Acts or a combination of said Acts, conduct all proceedings for the formation of SPECIAL ASSESSMENT IMPROVEMENT DISTRICT for the construction of improvement designed to provide water service to the area in which PROPERTY OWNER's real property is located. PROPERTY OWNER, for himself, his heirs, successors and assigns, hereby waives and requests the VALLECITOS WATER DISTRICT to dispense with any and all proceedings and any and all limitations under the SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931, Division 4 § 2800 et seq., of the California Streets and Highways Code. This consent is given to VALLECITOS as a part of this Agreement for Temporary Delivery of Water pursuant to the provision of the California Streets and Highways Code, § 2804, as amended, a part of the Page 2 of 4 ~ ;;^1 , ~~ A , SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931. 12. PROPERTY OWNER understands -that in entering into this Agreement for Temporary Delivery of Water, VALLECITOS does so in material reliance on the provisions of this Agreement including, but not limited to, the consent to participate in assessment district proceedings and waiver of all proceedings and all limitations under the SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931. 73. Should VISTA determine that its facilities are required for the delivery of water solely to lands lying within its boundaries and no capacity exists for the continued delivery of water to PROPERTY OWNER's real property, VISTA may, at VISTA's sole discretion and upon one hundred eighty (180) day's written notice to VALLECITOS, terminate this Agreement. VALLECITOS agrees to notify PROPERTY OWNER at the address below promptly upon receipt of a notice of termination from VISTA. 7~&. In the event of termination, the meter and service laterals installed by VISTA shall be removed at PROPERTY OWNER's expense. 75. PROPERTY OWNER acknowledges and accepts the following special risks: 75.'9 Water service may be terminated pursuant to this Agreement rendering the property uninhabitable. 75.2 VISTA's water service may be inadequate for peak demand and fire fighting purposes and the real property may be without water service from time to time. VISTA makes no guarantee of any kind as to the pressures or volumes of water available at the meter. 75.3 The PROPERTY will not be transferred to different ownership unless and until that ownership executes a new Agreement with terms effective as of the date of transfer. 76. The parties agree that this Agreement shall be binding upon PROPERTY OWNER, his heirs, successors and assigns in interest to the PROPERTY. 77. PROPERTY OWNER has been advised to consult independent legal counsel before executing this Agreement and has had adequate opportunity for such consultation. 78. The failure of VALLECITOS to enforce this or any term, covenant or condition of this Agreement on the date it is to be performed, shall not be construed as a waiver of VALLECITOS' right to enforce any other term, covenant or condition of this Agreement at any later date. 78. PROPERTY OWNER shall not assign or delegate this Agreement as to all or any portion of the rights or obligations contained in this Agreement without obtaining the written consent of VALLECITOS and any purported assignment or delegation without such written consent shall be void. Page 3 of 4 `:~ s.;l 20. This Agreement is executed in triplicate and is to be performed in the North County Judicial District, County of San Diego, State of California. 29. The effective date of this Agreement is the day of , 201_ IN WITNESS WHEREOF, this Agreement is executed by the duly authorized officers of VALLECITOS and PROPERTY OWNER. "DISTRICT" Vi~LLECITOS VI/~iTER DISTRICT Accepted By: Date: , 2010 Dennis O. Lamb, Secretary Board of Directors Vallecitos Water District "OUVNER"* BY~ Date: ,2010 Title: BY~ Date: ,2010 Title: " If property is owned by husband and wife jointly, both signatures are required. All signatures must be notarized. Page 4 of 4 Last Updated 6/28/2010 H:\Engineering\MASTER\LEGAL\UPDATED EXCHANGE AGREEMENT052010.dac `:~~ Recording requested by & when recorded, mail to the: Vallecitos Water District 201 Vallecitos de Oro San Marcos, CA 92069 APN: (Space above for Recorder s use) Document Transfer Tax: None VALLECITOS WATER DISTRICT ENCROACHMENT THIS AGREEMENT is entered into by and between the VALLECITOS WATER DISTRICT, organized and existing pursuant to the County Water District Law, California Water Code §30000 et. seq., (hereinafter DISTRICT) and (hereinafter PERMITTEE). RECITALS 1. THE DISTRICT presently holds title to an easement as more particularly described in Exhibit A attached hereto and incorporated herein by reference. 2. PERMITTEE desires to encroach upon this easement. 3. The parties agree that PERMITTEE shall be entitled to encroach upon this easement only to the extent and in the manner specified in this Agreement. No other encroachment shall be allowed without the express prior written consent of the DISTRICT. COVENANTS 1. Permission to Encroach on Easement. PERMITTEE is hereby granted permission to encroach upon the easement described in Exhibit A, attached hereto, and incorporated herein by reference, in the manner specified in Exhibit B subjectto all conditions specified in Exhibit B and subject to all terms of this Agreement. 2. Limitations of Rights Granted to PERMITTEE. Rights being granted to PERMITTEE in accordance with this Agreement shall extend only to such rights as the DISTRICT may grant to PERMITTEE in accordance with the terms of the easement presently held by DISTRICT. PERMITTEE shall be solely responsible for verifying that the rights being granted by DISTRICT may be granted to PERMITTEE in accordance with the terms of the DISTRICT'S easement. 3. Construction of Encroachment. PERMITTEE shall be solely responsible for all fees, Page 1 of 8 ~[''I costs and expenses of whatever type or nature associated with construction of the encroachment. The DISTRICT shall be notified at least forty-eight (48) hours prior to commehcement of constructioh of the encroachment and shall be permitted to inspect and approve all encroachment construction. All encroachment construction shall be carried out as specified by the DISTRICT in its sole discretion. PERMITTEE shall pay all costs of the DISTRICT including, but not limited to, the costs of inspection, administration, legal fees and engineering relating to the construction and exercise of permission granted to PERMITTEE by this Agreement. 4. Maintenance of Encroachment Facilities and Area. PERMITTEE shall maintain the encroachment facilities and encroachment area at all times in a safe, sanitary and good condition at PERMITTEE's sole cost and expense. PERMITTEE shall promptly perform all maintenance and repair of the facilities and encroachment area requested by the DISTRICT from time to time in its sole discretion. 5. Protection of DISTRICT Facilities in Encroachment Area. All facilities of the DISTRICT in the encroachment area shall be protected by PERMITTEE as directed by the DISTRICT from time to time in its sole discretion. 6. Permit for all Damages and Expenses Caused by Encroachment. PERMITTEE shall pay for all damages of whatever type or nature which may occur to the DISTRICT's easement or facilities within the easement as a result of construction, maintenance, use, repair, removal or relocation of PERMITTEE's facilities. PERMITTEE shall also pay for all fees and costs incurred by the DISTRICT to remove, demolish or relocate PERMITTEE's facilities in orderto repair, maintain, replace, relocate or remove DISTRICT's facilities in the easement or to install new facilities in the easement as the DISTRICT may determine in its sole discretion. Should the DISTRICT determine that PERMITTEE's facilities must be relocated, as the DISTRICT may determine in its sole discretion, PERMITTEE shall pay all fees and costs to remove and relocate these facilities. All such payments shall be made within thirty (30) consecutive days following receipt of a written demand from the DISTRICT. The written demand shall specify the amount due and the type of losses or incurred expenses. Any amounts not received by the DISTRICT within this thirty (30) consecutive day period, shall earn interest at the maximum rate authorized by California law. 7. Indemnity. PERMITTEE hereby indemnifies the DISTRICT and its agents, servants, employees, consultants and officers from any and all lasses, damages or expenses to any persons, entities or property caused by or related to the encroachment. This indemnity shall include all DISTRICT attorney's fees and court costs if the DISTRICT is named as a party in any litigation related to the encroachment. 8. DISTRICT not Liable for Damage to Encroachment or Encroachment Area. The Page 2 of 8 }' ~ -. DISTRICT shall not be liable for any damages whatsoever to the encroachment facilities or encroachment area related in any way to the DISTRICT'S continued use df the easement or as a result of the DISTRICT'S construction, use, repair, replacement or relocation of any DISTRICTfacilities within the easement. 9. ®theP Uses FoPb9dden. PERMITTEE is limited to the specific encroachment area and facilities granted by this Agreement. No other encroachment is permitted without the express prior written consent of the DISTRICT. 91D. PPioe Rights. This Agreement shall not alter, modify or terminate, in any way, any ofthe prior rights of DISTRICT to use of the easement in accordance with its terms. PERMITTEE shall not be considered as acquiring any permanent interest of any kind or nature in the easement which is inconsistent with the rights of the DISTRICT. 99. Geraeaa6 CorsdBt9ores. The encroachment shall be subject to each of the following general conditions: 99.9 A minimum clearance of shall be maintained between the DISTRICT'S facilities and the approved encroachment facilities. 19.2 A minimum and maximum ground-level cover shall be maintained over the DISTRICT facilities as shown on the improvement plans approved by the DISTRICT Plans for the Improvement of '9'0.3 No heavy equipment is permitted on the easement. 99.4 The existing ground level over the DISTRICT'S facilities shall not be changed without the prior written consent of the DISTRICT. 99.5 No blasting shall be permitted without the prior inspection and approval of the DISTRICT. 92. TePrva9arat9ouo of any of the terms of this Agreement by PERMITTEE shall constitute a material breach of this Agreement entitling the DISTRICT to terminate this Agreement, in addition to such other relief as may be afforded by applicable law. Upon receipt of notice of termination from the DISTRICT, PERMITTEE shall promptly remove all encroachment facilities and restore the encroachment area in the manner directed by the DISTRICT in its sole discretion. All fees, costs and expenses of removal and restoration shall be paid solely by PERMITTEE. 93. AgPeerracnt as Coveuaaeut Raueouai¢ag w9t9u ~aoadl ar~o1 939eocll9rag o¢u SuncoessoPS. The parties e>pressly agree that this Agreement shall be construed as a valid and binding equitable servitude and covenant running with the land which shall be binding upon the heirs, personal representatives, successors, assignees or transferees of the parties hereto. The parties expressly waive the right to challenge the enforceability of this Agreement as a legal and binding equitable servitude and covenant running with the land in any subsequent arbitration or litigation between the parties or their successors. Page 3 of 8 ,~.., 14. Attorney's Fees. In the event of any legal or equitable proceeding td enforce or interpret the terms or conditions of this Agreement, the prevailing party shall be entitled to all reasonable attorneys' fees and court costs in addition to such other relief as may be afforded by applicable law. 15. Law Applied. The validity, interpretation, construction and performance of this Agreement shall be construed under the laws of the State of California and the applicable rules and regulations of the DISTRICT. 16. Venue. In the event of any arbitration or litigation to interpret or enforce the terms of this Agreement, venue shall lie only in the state or federal courts in or nearest to the North County Judicial District, County of San Diego, and State of California. 17. No Warranties. There are no warranties or representations of any kind being made. 18. Modification. This Agreement shall not be altered in whole or in part except by a modification in writing executed by both parties to this Agreement. 19. Meaning of PERMITTEE. The word PERMITTEE as used in this Agreement shall mean the PERMITTEE or any person or entity deriving any interest in this encroachment permit from PERMITTEE or its successors-in-interest. 20. Attorney Representations. The PERMITTEE acknowledges that this Agreement has been prepared by The Law Offices of Jeffrey G. Scott, general counsel, who represents only the DISTRICT. The PERMITTEE is hereby notified to seek the advice of independent counsel concerning this Agreement and its terms. PERMITTEE acknowledges that PERMITTEE has had the opportunity to do so prior to executing this Agreement. 21. Effective Date. The effective date of this permit is , 2010. 22. Board of Directors' Approval. This Agreement is executed by the DISTRICT pursuant to Resolution No. ,dated which authorizes the secretary of the District from time to time to consent to the acceptance of any encroachment granted by this District for and on behalf of property owners, and to cause an encroachment to be recorded in the Office of the County Recorder of San Diego County. Page 4 of 8 Page 5 of 8 i;.';:_ * Acknowledgment ofthe signature(s) of authorized representative(s) of PERMITTEE executing this Construction Agreement, by a Notary Public, is required. Attach acknowledgment to this page. Paae 6 of 8 EXHIBIT A Page 7 of 8 ~`''~~ EXHIBIT B Encroachment Facilities: 2. Encroachment Area: 3. Special Conditions of Encroachment: Page 8 of 8 Last Updated 6/28/201!) M:\Engineering\MASTER\LEGAL\UPDATED Encroach- IN WORD FORMAT 062810.doc !~~~~1