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HomeMy WebLinkAboutMultitech Propterties Inc; 1986-07-02;v 0 AGREEUENT BEUEEN THE CITY OF CARLSBAD AND UULTITECH PROPERTIES, INC, FOR THE CONSTRUCTION OF THE ELN AVENUE EXTENSION FROU EL WINO REAL TO ITS EXISTING TERMINUS AT DONNA DRIVE This agreement is made this & day of 1986 by between the City of Carlsbad, California, a municipal corporation hereafter called "City" and Multitech Properties, Inc., a California Corporation, hereaf called "Subdivider. " REC I TALS A. Subdivider is the developer of a project consisting of 195 apartment units and 73 single family residential lots for which development approvals have been given by the City Planning Commission and the City Council (GPA/LU 84-3, ZC-304, SD84-3, CT 83-20), justified in part because the subdivider offered and agreed to provide a neede link in the City's circulation system by constructing Elm Avenue from its existing terminus at Donna Drive to El Camino Real. apartment units and the 73 residential lots has provided the economic incentiv for developer to construct the Elm Avenue extension on property located outsid the subdivision boundaries. Approval of the development project The approval of the 195 B. The tentative map for the development (CT 83-20) was conditional A copy of City Council Resolut approved by the City Council on June 17, 1984. No. 7673 and Planning Commission Resolution No. 2284 conditionally approving tentative subdivision map for the development project are attached to this agreement and are incorporated by this reference, (see Exhibit "A" attached) condition No. 35 of the approval Subdivider is required to dedicate full rights-of-way and slope easements and to construct Elm Avenue to secondary ' arterial standards within the Subdivision boundaries. By condition 36 of the tentative map approval Subdivider is required to dedicate full right-of-way an slope easements for Elm Avenue to secondary arterial standards, provide full * a 0 LI street grading, a 28 foot paved section, storm drains and appurtenances theret for Elm Avenue off-site of the subdivision from its existing terminus east of Donna Drive to the westerly boundary of the subdivision. improvements must be installed at a time deemed necessary by the City Engineer but not later then occupancy of the 121st unit. Condition 36A of the tentativ map approval authorizes the Subdivider to propose and the City Council to appr an alternative plan for the financing of the dedication and improvement of Elr Avenue. Condition 36A authorizes the City Council to modify the off-site Elm Avenue improvement condition without further public hearing. On April 4, 1981 the City Council tentatively approved an alternate plan for the dedication anc construction of Elm Avenue. By this agreement the City Council accepts and approves the a1 ternate pl an. The off-site C. Parties agree that construction of Elm Avenue to its full width quickly and expeditiously as practical is essential to provide needed public facilities for City and Subdivider. D. Easements and rights-of-way are required for construction of El Avenue. Subdivider will dedicate the easements and rights-of-way within the subdivision boundaries. A portion of the off-site easements and rights-of-wa were dedicated on the final map for CT 79-23 (CT 83-7). Concurrently with th execution of this agreement the City and Subdivider are executing an agreemen (see Exhibit "8" attached) for acquisition of the remaining easements for str and other purposes required for the construction of Elm Avenue. In addition City and subdivider are executing the City's standard subdivision improvement agreement, (see Exhibit "C" attached) for the construction of Elm Avenue. Bc agreements are attached hereto and are incorporated by this reference. -2- e 0 * NOW, THEREFORE in consideration of the mutual covenants contained herein, and of the recitals, it is mutually agreed by parties as follows: 1.a. Subdivider agrees to construct Elm Avenue as provided in the Subdivision Improvement Agreement which is being executed concurrently with th. agreement. The improvements shall be constructed within the time period established by the subdivision improvement agreement. b. Subdivider further agrees to bear all expenses, costs, fees and charges including attorneys, engineers, appraisers, or other professional service fees incurred or charged in connection with the acquisition of the Jan1 Parcel right-of-way needed for the construction of Elm Avenue as provided in t subdivision improvement agreement. The obligations of the parties regarding t use of eminent domain for acquisition of the easements necessary for the construction of Elm Avenue shall be as contained in the Agreement Between the City of Carlsbad and Multitech Properties Inc. regarding the Acquisition of Certain Easements for Street and Other Purposes as Required for Subdivision CT 83-20 which agreement is being executed concurrently with this agreement. c. The rights-of-way and easements necessary for the construction o Elm Avenue are over property referred to in this agreement as the "Sarkaria Parcel" and the "Jandro Parcel. 'I These parcels and the general right-of-way location are shown for convenience on Exhibit 'ID" which is attached hereto ant incorporated by this reference. City agrees to acquire the necessary easement and rights-of-way for improvement and construction of Elm Avenue over the "Sarkari a'' parcel. 2. In lieu of ,acquisition by eminent domain of the rights-of-way ar easements for the contruction of Elm Avenue across the "Jandro" property, the City agrees to permit a land trade between Subdivider and owners of the Jandrc -3- e 0 property consistent with the boundary adjustment map attached hereto as Exhibi "E" and incorporated by this reference, if Subdivider is able to negotiate tha trade. City agrees that the parcel to be conveyed to Jandro may be shown as a additional lot on the final map for CT 83-20, if the land trade is completed prior to approval of the final map. If the land trade is made after the appro of the final map for CT 83-20 then the City shall process and approve a parcel map to create the lot to be conveyed in exchange for the Elm Avenue right-of-v, and easements. The cost of processing the parcel map shall be borne by Subdivider. increase the density of the single family residential portion of CT 83-20 fro1 2.0 dwelling units per acre to 2.1 dwelling units per acre and that the increl density is consistent with the General Plan and zoning designations for the property. City agrees that the land trade as shown on Exhibit "F" will 3.a. City agrees to pay to Subdivider the sum of $285,000 in consideration of the Subdivider constructing Elm Avenue to full secondary arteri a1 standards. b. One hundred thousand dollars shall be paid at the time full widi grading is completed by the Subdivider and accepted by the City. The balance shall be paid upon acceptance of the Elm Avenue extension by the City. agrees that it shall not unreasonably withhold acceptance of the work for the purposes of payment of the contribution and that payment may be made despite minor deficiencies in the work if such deficiencies are covered by the performance and labor and materials bonds securing subdivision improvement agreement. Subdivider agrees that acceptance of the work for payment of City contribution shall not constitute acceptance of the improvements for the purp of the subdivision improvement agreement. City -4- a e 4. City agrees to vacate and quitclaim to Subdivider two parcels of surplus right-of-way adjoining El Camino Real and more specifically described Exhibit "G" attached hereto and incorporated by this reference. The vacation conveyance shall occur prior to or concurrently with the recordation of the fi map for CT 83-20. In the event City determines that all or a portion of these parcels are needed for future public improvements Subdivider agrees to reconve all or a portion of the parcels or an appropriate property interest therein to the City at no cost. perform any of his obligations under this agreement or under the subdivision improvements agreement or the agreement for acquisition of rights-of-way the vacated parcels shall revert to the City. It is further agreed that if the Subdivider fails to 5. All deeds to the City for rights-of-way and easement shall be mi without liens or encumbrances. 6. It is agreed that the execution of this agreement shall not independently of other factors vest any rights in Subdivider to build the apartments or houses permitted under the development approvals for this projec If it becomes necessary to determine whether Subdivider has vested his rights the project the determination shall be made in accordance with laws in exister at the time of the determination. 7. Subdivider acknowledges that City is developing a growth manager and public facilities management system, which may result in significant cham in existing land uses and could reduce densities, and it is further acknowledl that all residential property within the property may be subject to any successful initiative land development requirements. Subdivider acknowledges that execution of the obligations of the agreement does not gain or develop ai vested rights to further development or exemption from any land use or zone change and Subdivider does further hereby hold City harmless for any damages ' -5- , 0 0 i might result from any future development or land use modifications, whether the changes and modifications are made by the City Council or through popular initiative. Should the above-mentioned land use restrictions be adopted as 1 and should such restrictions require an allocation of permits, City agrees tc afford developer the same consideration in the issuance of building permits f the 195 apartments and 73 residential lots as is given to other developers wk have installed improvements pursuant to conditions of the development approvc 8. In recognition of the substantial financial commitment required initiate the construction of the onsite and offsite portions of Elm Avenue, 1 City agrees to authorize the City Engineer and City Building official to issi the building permits for the 195 apartments and 73 homes when the applicant i met all normal requirements and when the land development work of the projecl has been substantially started, which is agreed to be when about one-half of the project area (the apartment site, the route for Elm Avenue, and about onc of the single-family home area) has been cleared of vegetation and alluvial material has been removed from the canyon bottoms, canyon subdrains have beer installed, and approximately 50,000 cubic yards of earth-moving have been acc plished. In no event, however, shall issuance of building permits excuse del from completion of grading requirements pursuant to all City regulations, la1 and ordinances, and pursuant to all requirements of the subdivision map and related permits. subject to the provisions of Paragraph 7 of this Agreement and any laws or policies in effect at the time the permits are issued. Issuance of building permits under this paragraph shall be 9. This agreement may not be amended except by written instrument executed by the parties hereto. 10. The terms and provisions of this agreement shall be binding up01 and inure to the successors, assigns and beneficiaries of the parties. 11. Upon execution of this agreement by the parties hereto, City sht cause this agreement to be recorded in the Office of the County Recorder of ' County of San Diego. .-6- board of directors. WITNESS my hand and official seal. Signature 0 (This area for official notarial seal) 1 RESOLUTION NO. 7673 21 3 4 5 6 7 1 8’ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS A 73 UNIT TENTATIVE MAP CT 83-20 ON 36 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTHWEST AND SOUTHWEST CORNER OF EL CAMINO REAL AND FUTURE ELI AVENUE. APPLICANT: ALANDA CASE NO.: CT 83-20 WHEREAS, on April 25, 1984, the Carlsbad Planning Commission adopted Resolution No. 2284 approving tentative 9 10 11 12 s (3 # 13 0 .a 52 * as 14 zg<g 15 LL, )_>do ?I< z~ad 16 Sp22 $z;z q $ 17 >o t I.8 V map CT 83-20; and WHEREAS, the City Council on June S, 1984 held a pi hearing to consider the recommendations and heard all persoi interested in or opposed to tentative tract map CT 83-20: ai WHEREAS, said tentative tract map has undergone pre’ j environmental reveiw and a Notice of Prior Environmental Compliance has been issued on April 4, 1984. NOW, THEREFORE, BE IT RESOLVED by the City Council the City of Carlsbad, California as follows: A. That the above recitations are true and correc E. That the findings of the Planning Commission ii I 21 22 23 24 25 26 27 20 Resolution No. 2284 constitute the findings of the City Cour in this matter. C. That tentative tract map CT 83-20 together wit1 provisions for its design and improvement and subject to thc conditions of this resolution, are consistent with all appl general and specific plans of the City of Carlsbad. Ij D. That subdivision CT 83-20 is hereby approved s to all applicable requirements of the Carlsbad Municipal Co /// 1 2 3 4 5 6 7 8 9 10 11 a 12 a 3 i 13 a% Q) ua 14 ggJi z,fa ZgZg -J 15 in 3a :c 16 oa-a $[ : 17 0 >; 3 18 19 20 21 22 -0 wu zzE$ 23 24 25 26 27 28 0 0 to the satisfaction of the conditions contained in Planning Commission Resolution No. 2284, dated April 25, 1984, marke Exhibit A, attached hereto and made a part hereof, with the exception of the following addition of Condition No. 36.a i recommended by staff : “36.a. Prior to approval of the final map the Cit Council may approve an alternative plan to provide the financing of the dedication and improvement of Avenue. The City Council will consider any prop05 from the developer in that regard. Alternatives r include but are not limited to, an assessment dist or major thoroughfare reimbursement district. In their decision on an alternative financing plan tk Council may modify the requirements of Condition P without further public hearings. If alternative arrangements satisfactory to the City Council for financing of Elm Avenue are not approved and comp: prior to final map approval then the developer sh; comply with the requirements of Condition No. 36.’ PASSED, APPROVED AND ADOPTED at a regular meeting the City Council of the City of Carlsbad, California on thc 17th day of JdY , 1984 by the following vo1 wit: AYES: Council *rs Casler, Lewis, Kulchin and ??reScott NOES: N0m ABSENT: Council bkn-br Chick I +&iL&/ MARY H..C SLER, Mayor ATTEST : ALETHA L. RAU a ! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PLANNING COMMISSION RESOLUTION NO, 2284 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY RESIDENTIAL SUBDIVISION ON PROPERTY GENERALLY LOCAT THE NORTHWEST AND SOUTHWEST CORNER OF EL CAHINO REA APPLICANT: ALANDA CASE NO.: CT 83-20 WHEREAS, a verified application for certain propert CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 75 FUTURE ELM AVENUE. wit: All that portionn of Lot "J" of Rancho Aqua Hediond the City of Carlsbad, County of San Diego, State of California, according to Partition Hap thereof No. filed in the Office of the County Recorder of San I: County, November 16, 1896, has been filed with the City of Carlsbad, and referred to tk Planning Commission; and WHEREAS, said verified application constitutes a re as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 25th c April, 1984, hold a duly noticed public hearing as prescribe law to consider said request; and WHEREAS, at said public hearing, upon hearing and ,I ' considering all testimony and arguments, if any, of all per5 desiring to be heard, said Commission considered all factor$ relating to the Tentative Tract Map, NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannj Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public heal the Commission recommends APPROVAL of CT 83-20, based ( following findings and subject to the following condit: //// /I// 1 1 I 1 2 3 4 5 6 7 8 9 10 I' 12 13 14 15 16 17 18 19 0 0 Findings: 1) The-project is consistent with the City's general plan S the proposed density of 19.7 du/ac on the 2orth side of Avenue and 2.0 du/ac on the south side of Elm Avenue are the density ranges of 10-20 duJac and 0-4 du/ac respecti specified for the site as indicated on the land use eler the general plan. The proposed densities on both the nc south sides of Elm Avenue can be justified because the F will provide a needed link to the City's circulation sys are compatible with surrounding land use densities and t apartment project to the north is well designed with on- amenities that exceed the requirements of the underlyinq 2) As conditioned to mitigate the environmental concerns rt grading, the site is physically suitable for the type ai density of the development since the site is adequate ii and shape to accommodate residential development at the proposed . 3) The project is consistent with all City public facility icies and ordinances since: a) The Planning Commission has, by inclusion of an app: condition to this project, insured that the final m( not be approved unless the City Council finds that service is available to serve the project. In addit the Planning Commission has added a condition that I shall be placed on the final map that building perm not be issued for the project unless the City Engin determines that sewer service is available, and bui cannot occur within the project unless sewer servic remains available, and the Planning Commission is s that the requirements of the public facilities elem the general plan have been met insofar as they appl sewer service for this project. I ,I 20 21 22 23 24 25 26 27 28 b) The Carlsbad School District has written a letter, March 15, 1984, stating that school facilities will available to this project. c) Park-in-lieu fees are required as a condition of ap d) All necessary public improvements have been provide will be required as conditions of approval. e) The applicant has agreed and is required by the inc of an appropriate condition to pay a public facilit Performance of that contract *and payment of the fee enable this body to find that public Pacilities wil available concurrent with need as required by the 5 plan. 4) The proposed project is compatible with the surrounding ,uses since surrounding properties have the same 01 Lty and are designated for residential development ,!I general plan. PC RESO MOO 2284 -2- 1 2 3 4 5 6 7 a 9 10 11 l2 13 14 15 16 17 l8 19 0 0 5) This project will not cause any significant environments impacts and a Notice of Prior COmplianC@ has been issued the Land Use Planning Manager on April 4, 1984 and appro? the Planning Commission on April 25, 1984. This project is approved on the basis that the applicant agreed to provide variety in roof lines on the single fa portion of the site and will totally integrate one and t story units so as to not provide monotonous structural h from the local street or El Camino Real. 6) 7) This project is consistent with the ‘El Camino Real Conditions: 1) ApproVal is granted for CT 83-20, as shown on Exhibits “ “fiat dated April 25, 1984, incorporated by reference and file in the Land Use Planning Office. Development shall substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that final map shall not be approved unless the City Council as of the time of such approval that sewer service is av to serve the subdivision. 3) This project is approved upon the express condition that building permits will not be issued €or development of t subject property unless the City Engineer determines thi facilities are available at the time of application for sewer permits and will continue to be available until t: occupancy. This note shall be placed on the final map. 4) This project is approved upon the express condition thai applicant shall pay a public facilities fee as required Council Policy No. 17, dated April 2, 1982, on file wit1 City Clerk and incorporated herein by reference, and acc Development Standards“ plan. ,I 2o I 21 22 23 24 25 26 27 28 to the agreement executed by the applicant for payment ( fee, a copy of that agreement, dated March 30, 1983, is with the City Clerk and incorporated herein by referencc said fee is not paid as promised, this application will consistent with the General Plan and approval €or this 1 shall be- void. the approval of the final map as required by Chapter 20 the Carlsbad Municipal Code. Approval of this request shall not excuse compliance wf sections of the Zoning Ordinance and all other applicab ordinances in effect at time of building permit issuanc 5) The applicant shall pay park-in-lieu fees to the City, 6) -3- //// PC RES0 NO. 2284 , , 1 2 3 4 5 6 7 8 9 0 0 7) Water shall be provided to this project pursuant to the w Sexyice agreement between the City of Carlsbad and the co Real Water District, dated May 25, 1983. The applicant shall prepare a reproducible mylar of the f site plan incorporating the conditions contained herein. site plan shall be submitted to and approved by the Land planning Manager prior to the issuance of building permit 8) Land Use Planning Office 9) The applicant shall establish a homeowner's association a corresponding covenants, conditions and restrictions. Sa CC&R's shall be submitted to and approved by the Land Us6 Planning Manager prior to final map approval. 10) The applicant shall prepare a detailed landscape and irr: plan which shall be submitted to and approved by the Lanc 10 11 12 13 14 15 16 I" 18 19 I Planning Manager prior to the issuance of building permi! Such plan shall include landscaping and irrigation withii area between the El Camino Real paving and the property along the frontage of the project. The desiltation basil shall be shielded by a decorative screening wall and sha: heavily landscaped.- This area shall be maintained by thc owner of the apartment project north off Elm Avenue and Homeowners Association south of Elm Avenue, 11) A 506' scale map of the subdivision shall be submitted tc Land Use Planning Manager prior to the recordation of thc map. Said map shall show all lots and streets within an adjacent to the project, 12) A master plan of the existing on site trees shall be pro to the Land Use Planning Manager as part of the final gr plan to determine which trees shall be required to be pr prior to the issuance of a grading permit or a building whichever occurs first. 2o 21 22 23 24 25 26 27 28 13) All landscaped areas shall be maintained in a healthy ani thriving condition, free from weeds, trash, and debris. 14) Any signs proposed for this development shall be designel conformance with the City's Sign Ordinance and shall req review and approval of the Land Use Planning Manager pri installation of such signs. Trash receptacle areaa shall be enclosed by a six-foot h masonry wall with gates pursuant to City standards. Loc of said receptacles shall be apprdved by the Land Use P1 Manager. 15) //// //// -4- PC RES0 NO. 2284 .a .. ,:,I/*. '* 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 16) ~il roof appurtenances, including air conditioners, sha architecturally integrated and shielded from view and t buffered from adjacent properties and streets, pursuant Building Department policy No. 80-6, to the satisfactio Land Use Planning Manager and Building and Planning Dir 17) The applicant shall submit ar street name list consisten the City's street name policy subject to the Land Use P Manager ' s approval prior to final map approval. 18) Approval of Tentative Tract No. 83-20 is granted subjec approval of GPA/LU 84-3, ZC-304 and SDP 84-3. 19) The applicant shall perform archaeological studies on t property as suggested in the archaeological testing reg performed by Westec Services, dated September 1, 19830 20) The mitigation measures indicated in EIR 83-5 shall be with and are incorporated herein by reference. Engineer in1 21) The developer shall place the following notes on the fj map: Geotechnical Caution: 1) 'The possible exlstence of ancient landslides and/c mudflows within the boundaries of this subdivision been noted in the Environmental Impact Report for t s u bd iv is ion I) 2) "Mitigation measures to alleviate the hazards assot with the possible landslides and/or mudflower have 1 required as a condition of approval for the tentat for this subdivision . I 3) "The owner of this property on behalf of itself ant its successors in interest has agreed to hold harm. indemnify the City of Carlsbad from any action thaf arise through any geological failure and subsequenf that may occur on, or adjacent to, this subdivisioi it's construction, operation or maintenance.' The developer shall execute a hold harmless agreemi regarding any damage and/or claims that may arise any -geological failure and subsequent damage that on, or adjacent to, this subdivision due to it's construction operation or maintenance. /I I 22) The developer shall obtain a grading permit prior to t commencement of any clearing or grading of the site. 23) Prior to issuance of a Grading Permit the developer sh submit a detailed geologic investigation in accordance the policies, guidelines and action programs of the Ge and Seismic Safety Element of the General Plan. The d shall submit such additional data as may be required k City Engineer. PC RES0 NO. 2284 -5- is 17 -1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 0 0 24) The grading for this project is defined as "controlled c by-Section 11.06.170(a) Of the Carlsbad Municipal Code. Grading shall be performed under the observation of a ci engineer whose responsibility it shall be to coordinate inspection and testing to insure compliance of the work the approved grading plan, submit required reports to th Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. 25) upon completion of grading, the developer shall insure t "as-graded" geologic plan shall be submitted to the Cit) Engineer. The plan shall clearly show all the geology z exposed by the grading operation, a11 geologic correctit measures as actually constructed and must be based on a map which represents both the pre and post site grading plan shall be signed by both the soils engineer and the engineering g@OlOgiSt. The plan shall be prepared on a or similar drafting film and shall become a permanent rl 26) No grading shall occur outside the limits of the subdiv unless a letter of permission is obtained from the owna the affected properties. 27) Prior to the issuance of a grading permit, the haul rou be submitted for review and approved by the City Engine separate grading plan shall be submitted and approved b separate grading permit issued for the! borrow or dispos< if located within the city limits. 28) All slopes within this project shall be no steeper than Terrace drains and benches shall not be included when measuring the degree of any slope. For areas below the 200 foot contour line the developer la 19 20 21 22 23 24 25 26 27 28 i2') perform remedial grading that consolidates and stabiliz saturated and/or poorly compacted collovium/alluvium so I The remedial grading shall, as a minimum, include remov I moisture adjustment replacing and recompaction of said and the installation of a subdrain system. provided or installed as may be required by the County Department of Sanitation and Flood Control or the City neet 31) The developer shall pay the current local drainage area prior to approval of the final map or shall construct c systems in conformance with the Master Drainage Plan ar of Carlsbad Standards as required- by the City Engineer, 30) Additional drainage easements and drainage structures a //// //// PC RES0 NO. 2284 -6- -1 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 0 0 32) The developer shall exercise special care during the construction phase of this project to prevent any off-si siltation. The developer shall provide erosion control measures and shall aonstruct temporary deSiltation/deten basins of type, size and location as approved by the Cit Enginear. The basins and erosion control measures shall shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer pri the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the 2 served shall be protected by additional drainage facilit slope erosion control measures and other methods require approved by the City Engineer. The developer shall mair the temporary basins and erosion control measures for a of time satisfactory to the City Engineer and shall guar their maintainance and satisfactory performance through deposit and bonding in amounts and types suitable to the Engineer . 33) The developer shall construct desiltation/detention bas type and size and at locations as approved by the City Engineer. The developer shall enter into a desiltation maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval final map for this project. The provisions of this agr shall apply to any off-site borrow sites which my be u in the construction of this project as required by the 1 Engineer. tative map shall be dedicated on the final map and shal granted to city free and clear of all liens and encumbr 34) Land for all public streets and easements shown on the 20 21 22 23 24 25 26 27 28 1;;;; I //// //// //// //// //// //// //// -7- PC RES0 NO. 2284 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 35) IVIprovements including, but not limited to, the followi1 shall be installed by the developer and approved by the Engineer prior to filing the final map. Alternately, tt installation of said improvements shall be guaranteed by security agreement obtained hy the developer in an amou; of a type required by the Carlsbad Municipal Code. TO f a) One-half street improvements to prime arterial stanc for the portion of El Camino Real that fronts the pi including median and median landscaping to the City satisfaction: b) All improvements shown on the tentative map; c) all storm drain system components shall be sized an! located to accomodate the ultimate level of develop anticipated for the locale, Additional storm drain facilities: i) An enclosed storm drain from the southerly bo of the project to the northerly side of Elm A along the westerly side of El Camino Real or alternative acceptable to the City Engineer. ii) Additional storm drains and curb inlet at the intersection of Rising Glen Drive and Ridgecr Drive ; iii) Providing a connection between the existing 8 drain and the proposed storm drain at the nor easterly corner of the project; dl Removal of the existing curb returns on the easterl of the street at the intersection of Rising Glen Dr Ridgecrest Drive and construction of curb and gutte the easterly side of Ridgecrest Drive across the OE of Rising Glen Drive; e) Street trees; f) Street lights; g) Landscaping and protective and visual barriers arot h) Temporary turn-around (standard drawing GS-5) and continuous barricade (standard drawing M-9.1) at tk of "A" Street; i) A water main providing a loop connection between tk proposed water main at the southerly end of "A" str the existing water main in El Camino Real. 36) Full street grading, 28 foot paved section, storm drair appurtenances thereto, full right-of-way and slope ease secondary arterial standards for Elm Avenue from it's ' terminus east of Donna Drive to the westerly line of tl development shall be bonded for prior to approval of tl map and installed at a time as deemed necessary by the Engineer, however, these improvements must be installet to occupancy of the 121st unit, 37) Unless otherwise stated herein, all itnprovements shall completed to the satisfaction of the City Engineer pril OCCupinslcy of any unit in this development. I desiltation/detention basin: ,I PC REqajfQ. 1' . . 2284 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 e 0 38) Excepting only the driveway serving the multi-family structures north of Elm Avenue that is shown on the Tent Map direct access rights for all lots abutting Elm Avenu El Camino Real shall be waived on the final map. 39) The developer shall install a wheelchair ramp at the pub street corner abutting the subdivision in conformance wi of Carlsbad Standards prior to occupancy of any building 40) The developer 'shall comply with all the rules, regulatia design requirements of the respective sewer and water ag regarding services to the project. 41) All private streets and drainage systems shall be mainta the homeowner's association in perpetuity. This respons shall be clearly stated in the CChR's. homewner's association (if on commonly owned property) individual property owner (if on an individually owned : An appropriately worded statement clearly identifying tl responsibility shall be placed in the CCQR'S. 43) Prior to recordation of any final map for this developrnc owner-shall give written consent to the annexation of tl shown within the boundaries of the Tentative Map into tl existing City of Carlsbad Street Lighting and Landscapii District No. 1. 44) Approval o€ this tentative tract map shall expire twant 42) All concrete terrace drains shall be maintained by the months from the date of City Council approval unless a map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied discretion of the City Council. In approving an extens City Council may impose new conditions and may revise e conditions. I 20 21 22 23 24 25 26 27 28 Fire Department 45) Additional public and/or on site fire hydrants shall be quired if deemed necessary by the Fire Marshall. 46) The applicant shall submit two (2) copies of a site pla showing locations of existing and proposed fire hydrant site roads and drives subject to the approval of the Fi Marshall. 47) An all weather access road shall be maintained throughc construction. 48) All required fire hydrants, water mains and appurtenant be operational prior to combustible building materials located on the project site. PC RES0 NO. 2284 -9- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 1911 e a 49) a1. fire alarm systems, fire hydrants, extinguishing SY automatic sprinklers, and other systems pertinent to th project shall be submitted to the Fire Department for a prior to construct ion. Parks and Recreation 50) The El Camino Real median shall be landscaped and provi an irrigation system in accordance with the standards identified in the City of Carlsbad “Landscape Guideline Manualw. SI) The developer shall submit an “Open Space Maintenance P in accordance with the criteria identified in the “Land Guidelines Manual“ to the satisfaction of the Parks and Recreation Director prior to issuance of Building Permits. PASSED, APPROVED AND ADOPTED at a regular meeting t Planning Commission of the City of Carlsbind, California, he the 25th day (7; April, 1984, by the following vote, to wit: AYES : Chairman Rombotis, Comisaioners aawlins Marcus, Lyttleton, Sehlehuber and Smith. NOES: None . ABSENT: Commissioner Farrow. ABSTAIN: None. . 20 21 22 23 24 25 , 26 27 28 ATTEST : LAND US3 PLANNING MANAGER PC RES0,W. 2284 -10- -. L :7 Jr .A \ AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MULTITECH PROPERTIES, INC. REGARDING THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND OTHER PURPOSES AS REQUIRED FOR SUBDIVISION CT 83-20. This Agreement is made this day of --c 3Wr-e- , 1966 by and between the City of Carlsbad California, a municipal corportion (hereinafter called "City" and Multitech Properties, Inc. (called "Subdivider"). RECITALS A. Subdivider is required as a condition of Resolut No. 7673 of the City Council of the City of Carlsbad, approvi Subdivision CT 83-20 to dedicate and provide certain improvem to wit Elm Avenue and appurtenances thereto. R. The acquisition and development of Elm Avenue as off-site improvement for the subdivision is essential to prov needed public facilities for the subdivision and to mitigate public facilities burdens created by the subdivision. C. It is necessary that Subdivider secure said ease and install improvements thereon and in accordance with specifications of the City of Carlsbad. D. Subdivider has been unable to acquire by a neqotiated purchase the required easements for street and 0th purposes for the subdivision, and requests that the City assi in the acquisition by exercise of the City's power of eminent domain, 0 0 E. This Agreement is authorized by and is entered in pursuant to Section 20.16.095 of the Carlsbad Municipal Code e Section 66462.5 of the state Government Code. NOW, THEREFORE, in consideration of the mutual coven? contained herein and of the recitals, it is mutually agreed bj and between the parties as follows: 1. Subdivider agrees to retain on behalf of the Citj qualified attorney or attorneys to prepare and file on behalf the City all documents, pleadings and process necessary to act the required easements through an action in eminent domain. attorney or attorneys will either be associated with the City Attorney in the eminent domain proceeding, or will independen pursue the eminent domain action on behalf of the City, as th City in its discretion determines. The attorney or attorneys shall be approved by the City Attorney and subdivider agrees to replace the attorney or attorneys without the City Attorne consent. The City Attorney's approval or consent shall not k unreasonably withheld. 2. Subdivider agrees to bear all expenses, costs, f and charqes, including attorneys', engineers, appraisers or ( professional service fees incurred or charged in connection \ the acquisition of the various property interests and the preparation and prosecution of the eminent domain proceeding, City shall assume no responsibility for said amounts. There be no charae for City staff time associated with this project -2- 0 0 3. It is understood and agreed that even though the is party plaintiff, it shall assume no financial responsibilit said eminent domain action and that as further proceedings arc required, outside counsel shall assume primary responsibility direction of any actions subject to any necessary approvals o City. The City agrees to cooperate and assist in commencing prosecuting said condemnation action in an expeditious manner the purpose of completing same as soon as reasonably possible accordance with applicable laws, 4. Subdivider shall retain at its sole expense any appraiser, engineer or other expert witness, as mutually agre upon by Developer and City, to provide any necessary appraisa engineerinq or other information in a form suitable for use i connection with said condemnation proceedings. Any appraiser engineer and other expert witness required shall be paid dire by Subdivider. City shall assume no responsibility for such payment. 5. Subdivider shall pay all amounts, plus interest, required as a result of any judgment or settlement in payment easements to be acquired. City shall assume no responsibilii said payments. 6. The parties hereby agrees to seek an order of immediate possession for the real property necessary for the improvements and facilities and related easements and comply the legal procedures necessary therefor. The subdivider sha: responsible for the deposit of funds, posting of security, o -3- e 0 payment of any costs associated with the order of immediate possess ion. 7. City retains the right to assume primary responsibility for the subject ligitation at any time and to prosecute it to completion with all costs, including attorney, fees, to be borne by the Subdivider. 8. It is understood that prior to the initiation of any eminent domain proceedings, it will be necessary for the City in its sole discretion to adopt a resolution of necessit for the acquisition of the property and to make the necessary findings as required by law. The adoption of a resolution of necessity shall be a condition precedent to any obligation of the Subdivider herein. City agrees to use due diligence in processing the matter to hearing before the City Council in order to ensure compliance with the time limits established 1 Section 20.16.095 of the Carlsbad Municipal Code and Section 66462.5 of the state Government Code. Subdivider agrees that any failure by the City to comply with the time limits, howet shall not cause an invalidation of any condition of the tentative map or relieve the subdivider of any obligation hereunder. IN WITNESS WHEREOF, the parties hereto have executec this Agreement on the day and year first above written. ... 0.. ... ... -4- personally known to me or proved to me on the b of satisfactory evidence to be the person who execuff W 6 the within inst I President, and - rsonally known to me or ecuted the within instrument as the that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its WITNESS my hand and official seal. W .J L < proved to me on the basis of satisfactory evidence to be lk Seeeeaq of the Corporation U board of directors. 1 Signature .i - ,~~~~~~~~.~~~-~~ [-]ECE)\I T, r-P.q''!- * t$ CFF!C!AL SEAL LL.I,>iC t PRlNCiPAL O'FiC? ii.i :: (This area for official notarial seal) 0 e AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND MULTITECH PROPERTIES, INC. REGARDING THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND OTHER PURPOSES AS REQUIRED FOR SUBDIVISION CT 83-20. This Agreement is made this day of XYre , 19f6 by and between the City of Carlsbac California, a municipal corportion (hereinafter called "City' and Multitech Properties, Inc. (called "Subdivider"). RECITALS A. Subdivider is required as a condition of Resolu No. 7673 of the City Council of the City of Carlsbad, approv Subdivision CT 83-20 to dedicate and provide certain improve to wit Elm Avenue and appurtenances thereto. R. The acquisition and development of Elm Avenue a off-site improvement for the subdivision is essential to pro needed public facilities for the subdivision and to mitigate public facilities burdens created by the subdivision. C. It is necessary that Subdivider secure said eas and install improvements thereon and in accordance with specifications of the City of Carlsbad. D. Subdivider has been unable to acquire by a negotiated purchase the required easements for street and ot purposes for the subdivision, and requests that the City ass in the acquisition by exercise of the City's power of eminer domain. 0 e E. This Agreement is authorized by and is entered j pursuant to Section 20.16.095 of the Carlsbad Municipal Code Section 66462.5 of the state Government Code. NOW, THEREFORE, in consideration of the mutual cover contained herein and of the recitals, it is mutually agreed k and between the parties as follows: 1. Subdivider agrees to retain on behalf of the Cit qualified attorney or attorneys to prepare and file on behall the City all documents, pleadings and process necessary to ac the required easements through an action in eminent domain. attorney or attorneys will either be associated with the Cit! Attorney in the eminent domain proceeding, or will independei pursue the eminent domain action on behalf of the City, as t; City in its discretion determines. The attorney or attorney: shall be approved by the City Attorney and subdivider agrees to replace the attorney or attorneys without the City Attorn consent. The City Attorney's approval or consent shall not unreasonably withheld. 2. Subdivider agrees to bear all expenses, costs, and charqes, including attorneys', engineers, appraisers or professional service fees incurred or charged in connect ion the acquisition of the various property interests and the preparation and prosecution of the eminent domain proceeding City shall assume no responsibility for said amounts. There be no charae for City staff time associated with this projec -2- 9 e 3. It is understood and agreed that even though the is party plaintiff, it shall assume no financial responsihili said eminent domain action and that as further proceedings ar required, outside counsel shall assume primary responsibility direction of any actions subject to any necessary approvals c City. The City agrees to cooperate and assist in commencing prosecuting said condemnation action in an expeditious manner the purpose of completing same as soon as reasonably possible accordance with applicable laws. 4. Subdivider shall retain at its sole expense any appraiser, engineer or other expert witness, as mutually agrc upon by Developer and City, to provide any necessary apprais, engineerinq or other information in a form suitable for use connection with said condemnation proceedings. Any appraise engineer and other expert witness required shall be paid din by Subdivider. City shall assume no responsibility for such payment. 5. Subdivider shall pay all amounts, plus interest required as a result of any judgment or settlement in paymeni easements to be acquired. City shall assume no responsibilii said payments. 6. The parties hereby agrees to seek an order of immediate possession for the real property necessary for the improvements and facilities and related easements and comply the legal procedures necessary therefor. The subdivider sha responsible for the deposit of funds, posting of security, o -3- e 0 payment of any costs associated with the order of immediate possess ion 7. City retains the right to assume primary responsibility for the subject ligitation at any time and to prosecute it to completion with all costs, including attorne] fees, to be borne by the Subdivider. 8. It is understood that prior to the initiation 0. any eminent domain proceedings, it will be necessary for the City in its sole discretion to adopt a resolution of necessi for the acquisition of the property and to make the necessar findings as required by law. The adoption of a resolution o necessity shall be a condition precedent to any obligation o the Subdivider herein. City agrees to use due diligence in processing the matter to hearing before the City Council in order to ensure compliance with the time limits established Section 20.16.095 of the Carlsbad Municipal Code and Section 66462.5 of the state Government Code. Subdivider agrees tha any failure by the City to comply with the time limits, howe shall not cause an invalidation of any condition of the tentative map or relieve the subdivider of any obligation hereunder. IN WITNESS WHEREOF, the parties hereto have execute this Agreement on the day and year first above written. 00. ... 0.. ... -4- ment pursuant to Its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. i Signature - 4 .rr~~=~~~~~"~~~~~~~~~*~~~~~~~~~ (This area for official notarial seal) 1 2 3 4 5 6 7 8 9 10 I1 12 2 98 13 $2 - +SF Out 14 zoug SZSk 15 "'jI< ,*do a LL ZW d 16 :$E2 zo 1? '5 5 17 Po 18 k 0 19 20 21 22 23 24 25 26 27 28 SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: NAHE OF SUBDIVIDER: blu1 ti tech Properties, Inc. NAME OF SUBDIVISION: C.T. 83-20 Rising Glen (Offsite) Elm Avenue RESOLUTION OF APPROVAL NO.: 2284 ADOPTED : 4/25/84 IMPROVEMENT DRAHINGS NO.: 252-6 -- ESTIMATED TOTAL COST OF IMPROVEMENTS: $321,000.00 ESTIMATED TOTAL COST OF MONUMENTATION: TIME LIMIT FOR COMPLETION OF IMPROVEMENTS: 18 months SURETY AND BOND NO. ' This agreement is made and entered into by and betwel City of Carlsbad, California, a Municipal Corporation of State of California, hereinafter referred to as City; and Subdivider named on Line 2 of Page 1 hereof, hereinafter referred to as Subdivider. RECITALS WHEREAS, Subdivider has presented to City for approv recordation, a final subdivision map of a proposed subdiv as stated in Line 3 of Page 1 hereof pursuant to provisio the Subdivision Map Act of the State of California, and i compliance with the provisions of Title 20 of the CarPsba Municipal Code, hereinafter referred to as Code, relating f Fling, approval and recordation of subdivision maps; and WHEREAS, a tentative map of the subdivision has beer approved, subject to the requirements and conditions cont in the resolution listed on Line 4 of Page 1 hereof. Saj resolution is on file in the office of the City Clerk anc incorporated herein by reference and made a part hereof: I I 1 2 3 4 5 6 7 8 9 10 I1 12 a 3 13 D % -4 gdf OW( 14 2058 i42t ;$s ~jtaLL +>do zW a 16 z0 Y ’5 = 17 *9 5 18 19 20 21 22 23 24 25 26 27 28 -Or’ 15 e 0 WHEREAS, the Code provides that before the final map approved by the City Council, Subdivider must have compliec the requirements of said resolution and must have either installed and completed all of the public improvements and development work required by the Code and said resolution installed in subdivisions before final maps of subdivision approved by City for purpose of recording in the office of County Recorder of San Diego County, or as an alternative thereof, that Subdivider shall enter into an agreement wit secured by an approved improvement security to insure the performance of the mrk pursuant to the requirements of tl agreeing at its own expense to install and complete, free liens, all of the publlic improvements and land developmei . required in the subdivision within a definite period of t: prescribed by the Council; and WHEREAS, Subdivider, in consideration of the approva recordation of this map by the Council, desires to enter this agreement wherein it is provided that Subdivider wil install and complete at its own expense, all the public improvement work required in connection with the proposed subdivision and will deliver to City an improvement secur approved by the City Attorney; and WHEREAS, complete plans and specifications for the c tion, installation and completion of the public improveme have been prepared and approved by the City Engineer, as the drawings listed on Line 5, of Page 1 hereof which hat filed in the office of the City Engineer and are incorpor reference herein and made a part hereof; and 2. 1 2 3 4 5 6 7 8 9 10 11 12 < 13 gs 0 gLaz Ow( 14 g>>o ,k<rr. 15 u oza .-id" gg!; 16 go Y '5 9 17 0 !iH oEa so 6 18 19 20 21 22 23 24 25 26 27 28 0 0 WHEREAS, it is necessry that certain monuments and st specified on the final map shall be installed within thirt after completion of the required improvements and their acceptance by City, and that street signs be placed at intersections, as required by the Code; and WHEREAS, an estimate of the cost of constructing the improvements and necessary land development work in conne therewith according to said plans and specifications has made and has been approved by City Engineer in an amount on Line 6 of Page 1 hereof, which estimate is attached he marked Exhibit A and made a part hereof; and WHEREAS, an estimate of the cost for the installatio monuments has been approved by City Engineer in an amount on Line 7 of Page 1 hereof, which estimate is attached he marked Exhibit B and made a part hereof; NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of this subdivision, and other valuable consideration, Subdivider City agree as follows: 1 . Subdivider shall: a. Comply with all the requirements of said ter map resolution, and any amendments thereto i the provisions of the Code. b. Complete at its own expense, in accord with plans and specifications and to the satisfat and approval of the City Engineer, all of t' pub1 ic improvement and land development wor: required in and adjoining the subdivision. 3. 1 2 3 4 5 6 7 8 9 10 I1 12 13 0 U m G2 q g-::: 14 t'lr3 zsg3 '5 (1: 17 0,Zu $>>O bus 15 16 k$U - zo Y >o 5 18 19 20 21 22 23 24 25 26 27 28 0 0 c. Furnish the necessary materials therefor, in conformity with the plans and specifications in the office of the City Engineer. d. Notify City Engineer in writing at least fift days prior to the commencement of the work he so that City Engineer shall be able to provic services of inspection, e . Complete the improvements under this contracl before the time limit stated in Line 8 of Pat hereof. f. Install all monuments required by law within days after the completion and acceptance of improvements by the City Engineer, g. Install temporary street name signs if perma street name signs have not been installed. 2. If any of the public improvement and land develo work contemplated by this agreement is to be constructed installed on land not owned by Subdivider, no constructio installation shall be commenced prior to the dedication a acceptance by City of appropriate easements. 3. The City Engineer or his duly authorized represe upon request of Subdivider, shall inspect at Subdivider's expense, the improvements herein agreed to be constructec installed by Subdivider, and if determined to be in accoi with applicable City standards and the terms of this agrt shall recommend the acceptance of such improvements by C: Subdivider shall at all times maintain proper facilities, provide safe access for inspection by City, to all parts 4. 1 2 3 4 5 6 7 8 9 10 11 12 U a m 13 38 g2 8 g'L+ ow5 14 15 16 o=gm zo II >$ 4 17 >-o 18 0 19 a ZOZ$ p>.> ,k<!5 li4Sj zg;$ t 0 0 work, and to the shops wherein the work is in preparation, 4. Subdivider shall furnish to City good and sufficj security on forms approved by City, in the amount of 100% estimated cost of said improvements as stated on Line 6 o 1, hereof, to assure faithful performance of this agreeme regard to said improvements, and in the additional amount of said amount for securing payment to contractor, his subcontractors and persons renting equipment or furnishin or materials to them for the improvements required to be constructed or installed hereby, and in the additional am 25% of said amount to guarantee or warranty the work done pursuant to this agreement for a period of one year follo acceptance thereof by City against any defective work or done or defective materials furnished. Subdivider shall to City such security in the amount of 100% of the estimi of setting subdivision monuments as stated on Line 7 of E hereof and as required by this agreement. The securitie: required by this agreement shall be filed with the City 1 when so filed, shall be incorporated by reference herein I 20 21 22 23 24 25 26 27 28 5. Any changes, alterations or additions to the im] plans and specifications or to the improvements, not excc 10% of the original estimated cost of the improvement, w mutually agreed upon by City and Subdivider, shall not r the improvement security given for faithful performance improvement . In the event such changes, a1 terations, or additions exceed 10% of the original estimated cost of t improvement , Subdivider shall provide improvement securi faithful performance as required by Paragraph 4 of this 6. 1 2 3 4 5 6 7 8 9 10 11 12 2 2s 13 g$ m giL3z Ow( 14 0 oza lL, -Lo igg$ 16 o=Zm zo Y '5 2 17 18 19 20 21 22 23 24 25 26 27 ?&;$ 15 >o 0 c 28 0 0 for 100% of the total estimated cost of the improvement i changed, altered, or amended, minus any completed partial releases thereof as allowed by paragraph 6 of this agreemc 6. The securities required by this agreement shall 1 released as follows: a. Security given for faithful performance of ai or agreement shall be released upon the fina completion and accpetance of the act or work subject to the provisions of Subsection (b) I b. The City Engineer may release a portion of t security in conjunction with the acceptance performance of this act or work as it progre upon application therefor by the Subdivider: provided, however, that no such release shal an amount less than 25% of the total improve security given for faithful performance of t or work and that the security shall not be L to an amount less than 50% of the total impr security given for faithful performance unti completion and acceptance of the act or wor) event shall the City Engineer authorize a rf the improvement security which would reduce security to an amount below that required t< guarantee the completion of the act or work other obligation imposed by the Code, the Subdivision Map Act or this agreement. I c. Security given to secure payment to the coni his subcontractors and to persons furnishinc 7. 1 2 3 4 5 6 7 8 9 10 11 12 13 0 v) < m cis 8 C$yjl$ 14 zQ3a ggzg 15 uyz;t +&GP ggg 16 $E 2 17 18 l9 20 21 z2 23 24 25 26 27 28 e< Ei Eo 0 e materials or equipment shall, six months afte completion and acceptance of the act or work, reduced to an amount equal to the amount of t claims therefor filed and of which notice ha! given to the legislative body plus an amount reasonably determined by the City Engineer tc required to assure the performance of any ot obligations secured thereby. The balance of security shall be released upon the settleme all such claims and obligations for which th security was given. d. No security given for the guarantee or warrz work shall be released until the expiration period thereof and until any claims filed dt said period have been settled. 7. Subdivider shall replace, or have replaced, or * or have repaired, as the case may be, all pipes and mnui shown on the map which have been destroyed or damaged, ai Subdivider shall replace or have replaced, repaired, or repaired, as the case may be, or pay to the owner, the e cost of replacement or repairs of any and all property d destroyed by reason of any work done hereunder, whether property be owned by the United States or any agency the the State of California, or any agency or policital subd thereof, or by the City or by any public or private corF or by any person whomsoever, or by any combination of su owners. Any cash repair or replacement shall be to the satisfaction, and subject to the approval, of the City 1 i 8. 1 2 3 4 5 6 7 8 9 10 11 12 m a 13 13 ows 14 :t.d 15 c) 4 lY2 8 gL3Z ZEE" Li Ora +&io zsEi 16 0.- zo Y '5 2 17 18 19 20 21 22 23 24 25 26 27 28 >o t 0 0 0 8. Subdivider shall, at Subdivider's expense, obtai necessary permits and licenses for the construction of su improvements, give all necessary notices and pay all fees taxes required by law. 9. In the event that Subdivider fails to perform ar obligation hereunder, Subdivider authorizes City to perfc obligation twenty days after mailing written notice of de Subdivider and to Subdivider's Surety, and agrees to pay entire cost of such performance by City. The sums provided by the improvement security mz used by City for the completion of the public improvement the subdivision in accordance with specifications contair herein. City may take over the work and prosecute the si completion, by contract or by any other method City may ( advisable, for the account and at the expense of Subdivic Subdivider's Surety shall be liable to City for any excez or damages occasioned City thereby; and, in such event, ( without liability for so doing, may take possession of, 4 utilize in completing the work, such materials, appliance plant and other property belonging to Subdivider as may 1 site of the work and necessary therefor. 1 10. In the event that Subdivider fails to perform ai obligation hereunder, Subdivider agrees to pay all costs expenses incurred by City in securing performance of sucl obligations, including costs of suit and reasonable attoi fees. 11. Subdivider shall guarantee or warranty the work 9. 1 2 3 4 5 6 7 8 9 10 11 12 4 !s 13 <!$ % g-L3Z ow: 14 zosg 15 gp> mka3 UClJS %$ d 16 SEES q 2 17 18 19 20 21 22 23 24 25 26 27 28 0 >$ t u 0 e pursuant to this agreement for a period of one year after acceptance of said work against any defective work or labc or defective materials furnished. If within said period i structure or part of any structure furnished and/or instal constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement, to fulfill any of the requirements of this agreement or tl and specifications referred to herein, Subdivider shall w delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory par parts of the work or structure. Should Subdivider fail t promptly or in accordance with this requirement, Subdivid hereby authorizes City, at Cityls option, to perform the twenty days after mailing written notice of default to Su and agrees to pay the cost of such work by City. Should exigencies of the case require repairs or replacements to before Subdivider can be notified, City may, at its optio the necessary repairs or replacement or perform the neces work and Subdivider shall pay to City the cost of such re 12. Neither Subdivider nor any of Subdividerls ager contractors are or shall be considered to be agents of Cj connection with the performance of Subdivider's obligatic under this Agreement. I 13. Nothing contained in this agreement shall precl City from expending monies pursuant to agreements concurt or previously executed between the parties, or from entei into agreements with subdividers for the apportionment of of water and sewer mains pursuant to the provisions of tl 10. 1 2 3 4 5 6 7 8 9 10 II 12 2 13 o w s 14 a g$ 0 22:s L?J% $->a mk*% 15 16 st 2 17 au k I* 19 20 21 22 23 24 25 26 27 +* ;%3$ pgzg F.0 0 28 0 e Carlsbad Municipal Code providing therefor, nor shall any! herein stated commit City to any such apportionment. 14. Until such time as all improvements required by agreement are fully completed and accepted by City, Subdii will be responsible for the care, maintenance of and any I to such improvements. Subdivider shall give good and adec warning to the travelling public of each and every danger condition existent in said improvements, and will protect travelling public from such defective or dangerous condit The Subdivider hereby agrees to pay for such inspection o improvements as may be required by the City Engineer of t 15. Upon acceptance of the work on behalf of City a recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this agreement shall in City. 16. Acceptance of the work on behalf of City shall by the City Engineer upon authorization of the City Counc Such acceptance shall not constitute a waiver of defects 1 1 City. 17. The City or any officer or employee thereof shz be liable for any injury to persons or property occasion€ reason of the acts or omissions of Subdivider, its agents employees in the performance of this agreement. Subdivic further agrees to protect and hold harmless City, its of and employees from any and all claims, demands, causes 0: liability or loss of any sort because of, or arising out or omissions of Subdivider, its agents or employees in tl performance of this agreement, including all claims, dema 11. 1 2 3 4 5 6 7 8 9 10 11 12 a $8 13 5: rn Ow* LDZ 14 gg~g 15 L ,=a +$iP $28 6 16 s 2 17 18 19 20 21 22 23 24 25 26 27 28 D $0 &e O=N$ ea >.O 0 c e a causes of action, liability, or loss because of, or arisii of, in whole or in part, the design or construction of thc improvements: provided, however, that the approved improvc security shall not be required to cover the provisions of paragraph. Said indemnification and agreement to hold ha shall extend to injuries to persons and damages or taking property resulting from the design or construction of sail subdivision and the public improvements as provided hereil adjacent property owners as a consequence of the diversiol waters from the design, construction or maintenance of dr systems, streets and other improvements. Acceptance by t of the improvements shall not constitute an assumption by City of any responsibility for any damage or taking cover this paragraph. City shall not be responsibie for the de construction of the subdivision or the improvements pursu the approved improvement plans regerdless of any act ion t the City on approval of the plans. The Subdivider shall obligated to eliminate any defect in design or dangerous condition caused by the design, other than routine mainte or damage to the improvements by an act of God for the ti period specified in this agreement. Provisions of this E shall remain in full force and effect for ten years follc acceptance by the City of the improvements. I 18. City shall not, nor shall any officer or emploi thereof, be liable or responsible for any accident, loss damage happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of same, nor shall said City, nor any officer 12. 1 2 3 4 5 6 7 8 9 10 II. 12 a 13 Y o,,,5 14 0 m gs 8 zka- z:rg 15 g-L+ uvq: =a I-&U - 16 Zz8O oy4 zo Y '5 9 17 5 18 19 20 21 22 23 24 25 26 27 28 to 0 e employee thereof, be liable for any persons or property ii by reason of said work or improvements, but all of said liabilities shall be assumed by Subdivider. 19. Sale or other disposition of this property will relieve Subdivider from the obligations set forth herein. 20. Time is of the essence of this agreement. Subd shall commence substantial construction of the improvemen required by this agreement not later than nine mnths pri the time for completion. Provided that in the event good is shown therefore, the City Council may extend the time commencement of construction or completion of the improve hereunder. Any such extension may be granted without not Subdivider's Surety and shall in no way affect the validi this agreement or release the Surety or Sureties on any t given for the faithful performance of this agreement. TI Council shall be the sole and final judge as to whether t good cause has been shown to entitle Subdivider to an ex1 As a condition of such extensions the City Council may rt Subdivider to furnish new security guaranteeing performai this agreement as extended in an increased amount as nec compensate for any increase in construction costs as det by the City Engineer. Failure of Subdivider to comply with the terms of t agreement shall constitute consent to the filing by City notice of violation against all the lots in the Subdivis 21. In the event that suit is brought by City to e the terms of this contract, City shall be entitled to pr such suit and a reasonable sum as attorney's fees. 13. 1 2 3 4 5 6 7 8 9 10 I’ 12 13 gi32 14 Gp’ ,t4k 15 li :x< zo y ’5 2 17 tu 0 U m <; 8 zoag ,rbV zu d 16 g$s 5 l8 I’ 2o ‘I z2 23 24 25 26 27 20 0 a IN WITNESS WHEREOF, this agreement is executed by th of Carlsbad, acting by and through its City Manager, purs Section 20.16.060 of the Carlsbad Municipal Code authoriz execution, and by Subdivider. DATED this . day of f 19- SUBDIVIDER SUBDIVIDER (Notarial acknowledgement of execution of Subdivider mu81 attached. ) APPROVED AS TO FORM: CITY OF CARLSBAD, a Municipi Corporation of the State of California VINCENT F. BIONDO, JR. City Attorney E’. D. ALESHIRE, City Manage STATE OF CALIFORNIA ) COUNTY OF SAEJ DIEGO ) ) ss. On this day of in the year before me, the undersigned, a Notary Public in and for7 State, personally appeared Frank D. Aleshire, known to m the City Manager of the City of Carlsbad, a municipal corporation for the State of California known to me to b person who executed the within instrument on behalf of s municipal corporation, and acknowledged to me that such Carlsbad, California, executed the same. WITNESS my hand and official seal. NOTARY PUBLIC 14. 9rKee-r . I. - _--e CESHL DESCR/PT/c?A/: BE//yG A Ldr L/AK AwmnvEMr B&7wa5v Lm-.S / JHKU4 OF CAR 7%?cr NO. 83-ZU, E< MHP NU. R: 4 w., s s. m., //E/ 7H€ C/TY OF mg.sBAD, Cuumr)' OF s4N &Ea rQND Lo76, SECT/ON 32, STAt& OF C4L/FOKN/A. Y L!f%?3/s OF BE/9RlNG§: 7XE &C/S Of f?&%@/!GGS FdK W/S 147 L/NE dDJOS7NGV7 /S TH& /vd i%E~TE2?~Y BO#D&?Y Of LbTS / TikO 4 PER /(b#P Nd. N3Z O 56 '/4 '€ . # fla 7/7-&cH PRDPERT/€S AS P"€< /Ne., 4 &9L /FOW/! &ZPdKHVUM> BY: Pz?!x/DEN7- SeCRZTARY L . ALUN JANDRO AND L. Hf 7dN J#!LWO, HUSMND AND W/F& AS rnN7 I;frVAn/TS 7Hz.5 JAlUS7M€NT PLAT WAS P?€P4RED BY A%= oR VND&K MY D/!€CT/DN d? NAY 8, /?a&. 7AT L. hH/ w 0 e . . N30°14'33"E 6 . . N40'15'51"E 10 . . N30'14'33"E 3 . . h104'00'07" R-3 . .A=83O26'15' R= . . NM'19'19"W 14 . . N28'40'29"E ! 10 . . A=1Oo48' 10" R=3 . . N84'07'49"W 19 . . N24°47'54YE 12 . h=13'01' 18" R4 . . N84'37'36"E 25 . N24'47'54"E 13 . . N01°11'15"E 6(1 . . N88°39'12"Y 33 . . W01'32'57"E 10 . . N88'39'12"W 76 . .,N59'44'30'U 16 . N42O43'19"E 4 . NOl"32'57"E I . . N88O39'12"W 37 . . N88'39'12"W 11 . 1588'39'12"U 27 0 EXHIBIT "A" LEGAL DESCRIPTION 0 BEING A PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF ELM AVENUE BEING THE SOUTHWESTERLY TERMINUS OF AN 850.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AS SHOWN ON MAP NO. 6397 RECORDED JUNE 17, 1969 IN THE OFFICE OF THE SAID COUNTY RECORDER, A RADIAL LINE TO SAID POINT BEARS NORTH 53"02'29" WEST (NORTH 53'28'50" WEST RECORD); THENCE EASTERLY ALONG SAID CURVE 1391.94 FEET THROUGH A CENTRAL ANGLE OF 93'49'35"; THENCE SOUTH 49'12'54" EAST 12.24 FEET TO THE SOUTHEASTERLY LINE OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST SAN BERNARDINO MERIDIAN; THENCE SOUTHERLY ALONG SOUTHEASTERLY LINE SOUTH 32"56'14" EAST 42.40 FEET TO A POINT WHICH 42.00 FEET SOUTHWESTERLY MEASURED AT RIGHT ANGLES TO SAID CENTERLINE SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE, AND RUNNING PARALLEL WITH SAID CENTERLINE SOUTH 49'12'54'' EAST 91.33 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 40"15'51" WEST 106.47 FEET; THENCE SOUTH 28"40'29" WEST 109.48 FEET; THENCE SOUTH lg"40'41" WEST 40.00 FEET; THENCE SOUTH 24'47'54" WEST 256.35 FEET; THENCE SOUTH 42"43'19" WEST 41.12 FEET; THENCE NORTH 81'58'29" WEST 136.19 FEET TO THE SOUTHEASTERLY LINE OF SAID SECTION 32; THENCE NORTHERLY ALONG SAID SOJJTHEASTERLY LINE NORTH 32'56'14" EAST 617.83 FEET TO THE TRUE POINT OF BEGINNING. SAID 08264 JY 5-7-86 0 "EXHIBIT "A" LEGAL DESCRIPTION 0 THOSE PORTIONS OF LOTS 1 THRU 4 OF CARLSBAD TRACT NO. 83-20 IN THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAl? THERE NO. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TOGETE WITH THAT PORTION OF AFTON WAY AS VACATED PER CARLSBAD CITY COUNCIL RESOLUTI NO. RECORD FILE NO. LYING NORTHWESTERLY OF 'I FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 1 SAID POI BEING SOUTH 49"12'54" EAST 91.33 FEET FROM THE MOST NORTHERLY CORNER OF SP LOT 4 ; THENCE SOUTH 40"15'51" WEST 106.47 FEET; THENCE SOUTH 28"40'29" WI 109.48 FEET; THENCE SOUTH 19"40+41" WEST 40.00 FEET: THENCE SOUTH 24'47': WEST 256.35 FEET TO THE POINT OF TERMINUS BEING A ANGLE POINT IN THE SOUTHEI BOUNDARY OF SAID LOT 4. 0826 JY 5-9-86 - * 0 EXHIBIT "A" LEGAL DESCRIPTION THOSE PORTIONS OF LOTS 1 THRU 4 OF CARLSBAD TRACT NO. 83-20 ACCORDING TO P THEREOF NO. TOGETHER WITH THAT PORTION OF AFTON WAY AS VACATED CARLSBAD CITYmCIL RESOLUTION NO. RECORD . FILE NO. ALSO TOGETHER WITH LOT 6 A PORTION OF LOT 5 AND A PORTION OF THE Nm QUARTER THE SOUTHWEST QUARTER OF SECTION 32 TOWNSHIP 11 SOUTH RANGE 4 WE SAN BERNARDINO MERIDIAN ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST) OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 1; THENCE SOUTHEASTEI ALONG THE NORTHEASTERLY BOUNDARY THEREOF SOUTH 49'12'54" EAST 91.33 FEI THENCE LEAVING SAID BOUNDARY SOUTH 40'15'51" WEST 106.47 FEET; THENCE SO1 28'40'29" WEST 109.48 FEET; THENCE SOUTH 19'40'41" WEST 40.00 FEET; THEl SOUTH 24"47'54" WEST 256.35 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY SAID LOT 3; THENCE ALONG SAID SOUTHERLY BOUNDARY SOUTH 42"43'19" WEST 41 FEET; THENCE NORTH 81'58'29'' WEST 136.19 FEET TO THE MOST WESTERLY CORNER SAID LOT 4; THENCE ALONG THE NORTHWESTERLY BOUNDARY THEREOF NORTH 32"56' EAST 22.29 FEET TO THE SOUTHERLY CORNER OF SAID LOT 6; THENCE ALONG' WESTERLY BOUNDARY THEREOF NORTH l'll'l5'' EAST 604.98 FEET TO THE SOUTHE CORNER OF THE SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SOUTHERLY LINE THEREOF NORTH 88'39'12" WEST 332.19 FEET TO THE EASTERLY LINE THENCE ALONG SAID EASTERLY LINE NORTH l"32'57" EAST 100.00 FEET TO NORTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID NORTHWEST QUARTER OF SOUTHWEST QUARTER; THENCE ALONG SAID NORTHERLY LINE SOUTH 88'39'12" EAST 767 FEET TO THE SOUTHEASTERLY BOUNDARY OF SAID LOT 5; THENCE ALONG S SOUTHEASTERLY BOUNDARY AND THE ~OUTHWESTERLY PROLONGATION THEREOF SO 32'56'14" WEST 232.09 FEET TO THE POINT OF BEGINNING. OF THE WESTERLY 15 CHAINS OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUART 0826 5-9-86 t JY I I 1 0 EXHIBIT "A" LEGAL DESCRIPTION e THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 83-20 IN THE CITY OF CARLSBAI COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHEASTER1 OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 1 SAID POI1 BEING 49"12'54" EAST 91.33 FEET FROM THE MOST NORTHERLY CORNER THEREO: THENCE SOUTH 40"15'51" WEST 106.47 FEET TO THE POINT OF TERMINUS ON T SOUTHWESTERLY BOUNDARY OF SAID LOT 1 SAID POINT OF TERMINUS BEING SOU' 59'44'30'' EAST 76.99 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT 1. SOUTH 0826 JY 5-9-86 0 EXHIBIT "A" LEGAL DESCRIPTION e THAT PORTION OF LOT 2 OF CARLSBAD TRACT NO. 83-20 IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHEASTmL OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 2 SAID POIh BEING 59'44'30" EAST 76.99 FEET FROM THE MOST NORTHERLY CORNER THEREOF THENCE SOUTH 28"40'29" WEST 109.48 FEET TO THE POINT OF TERMINUS ON TI- SOUTHWESTERLY BOUNDARY OF SAID LOT 2. SOUTH 0826 JY 5-9-86 e EXHIBIT "A" LEGAL DESCRIPTION a THAT PORTION OF LOT 3 OF CARLSBAD TRACT NO. 83-20 IN THE CITY OF' CARLSBAI COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHEASTER] OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 3 SAID POINT BE11 SOUTH 84"07'49" EAST 125.78 FEET FROM THE MOST WESTERLY CORNER THEREOF: THEN( NORTH 24"47'54" EAST 125.68 FEET TO THE POINT OF TERMINUS ON THE NORTHER1 BOUNDARY OF SAID LOT 3. 0826 JY 5-9-86 i e -. EXHIBIT "A" LEGAL DESCRIPTION 0 .* THAT PORTION OF LOT 4 OF CARLSBAD TRACT NO. 83-20 IN THE CITY OF' CARLSBA COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHEASTER OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT 4 SAID POINT BE1 SOUTH 84OO7'49" EAST 125.78 FEET FROM THE MOST NORTHERLY CORNER THEREOF; THEh SOUTH 24"47'54" WEST 130.67 FEET TO THE POINT OF TERMINUS BEING AN ANGLE POI IN THE SOUTHERLY BOUNDARY OF SAID LOT 4. 0826 JY 5-9-86 4, b* i - g &/ST /o' W/PE m/N&E€A=- m &qE w 6cr WDEim REC. 9/ef@ A5 wN1%?3&#O.fi , ;ETA/t EMTE~ iXA/UG€. ADrnE m asEMEA/T 4a4NWD 1 --.