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HomeMy WebLinkAbout1977-11-01; City Council; 2207-7; NEW BOND AND AGREEMENT SUBSTITUTION UNIT NO 2 (CC&F) SOUTH OF PALOMAR AIRPORT ROAD & WEST OF CAMINO VIDA ROBLE1 * 4 CITY OF CARLSBAE ro /-, i 8 2 PGEhDA RILL NO. Initial: DATE : November I, 1977 DEPARTMENT : Subject: New Bond and Agreement Substitution CT 73-49, Unit No. 2 (CC & F) Dept . Hd -2c:J - c. Atky.-G :> Eng i neeri ng. C. Mgr, i\ i -~~ - - South of Palomar Airport Road & West of Camino Vida Roble -- _. Statement of the Matter Pa lomar Ai rport Business Park has iiot been able to complete pub1 ic improvemenl required with this subdivision within the time limit specified in the improve- ment agreement executed November 16, 1976. The Final Map of CT 73-49, Unit 2 was approved by Council on November 16, 1976. Agreement and bond amounts have been increased to meet higher construction costs. The time limit on the agreement has been extended to 18 months to ai low Palomar Airport Business Park time to work out feasibi I ity problems. Although the request was for one year, our standard forms provide for an 18 months time period on agreements. Council approval is necessary to permit substitution of the attached new bond: and agreement for existing bonds and agreement e Exhi bits Letter requesting extension Location Map Bonds and Agreement Recommen dat ion If City Council concurs, they should adopt a motion accepting the new bonds and agreement and authorizing the City Clerk to release existing bonds and ag reemen t . Council action 11-1-77 Council accepted the new bonds and agreement and the Clerk G authorized to release existing bonds and agreement. <, $ SSOdh3 0 ENGNEEQS, ARCHI 1) l &TS & PWNNERS r ry i r~l:f;rw~ . vv Job No. 6013 -7 $3 -@-I B q-?? &LfIt4$g E / \ 7 JUL. 2 1 877 \." CLty ob CwLenbad 1200 Elm SLteeA Cah&bud, Cu. 92008 CITY (4& C,aRLSBA I ,y ktt-n: Cay Munugm c I\ k2* Engineering DE7af3;?f% Ge.vl;temeiz: OK behCLe6 06 uU~ &e&, PALO,!lAR ATEPORT BUSINESS PARK, U?Q l~~uRd like Ltc keque~jk a 1 yeah &he extenbion so& $he bubckvhiovl LmpkuvemenX agmwnerd doti PaLornah kihpoht kbinQnb Pwtiz, ii,u2 6 2. The cwLen-t agtreem;n-t wE exphw o:? L'overnbQn 76, 1977, clnd due $0 nmzy hatfotzn, a huh MO~ bew pObbLb.!e ori ~ccnomLc&y (eaible Lo pftoceed ~Lth coiz!&tuOtiun ol; ,the public .imp?avetnem% at Xtizxn dde. Some 06 the haotou me: 7. MukkeX demand (jok devc2upe.d u;zd hnp4oved Ruh in UYU% g 7 !ZOA bew vQny aUive du&g 7977, howcveh, Xhe invejztohq c.6 avcLieubRes land hub nux mude devdc.pmevLt 06 uddi/tioncd inv~i~totiy 6euLbRe uW 2ec217;teq. lnipobXuiL o 1; a A awt nior~atu/riwn !tu phc kLbiLed cu ~tifiufiLLc il u 6 aden and rna,dx,ting u$ exL~Xii:g Urd + 7 inveuAmy, ClzangQn 06 car,poMe uwne~~kip, mulzagsmer.tt, und k~n~3~ucXtu~Lr~g .j$ development ~inancilzg ha^ cuubed cr nRov~dowiz 06 devc20pmer7;t nchedding. 2. 3. PALOMAR AIRPORT EUSlNESS ?ARK rnuvlageme& lzu auA'Jlzuhized and hhi!ed cui.l/t~~uDf;ci ,to enabte dQcSign ol; ,the l;itzd lux deuctopnle~;t Situding pLmh dux UiLt d 2 ko ptroceed and ,tltin wo,ith 4s c~~mei7;tey in p&og&eAb. ko do Zhc. man gmdirzg in advunce 06 cai.zn&uotion oh public 6,9ie& and uXiLLtia, and x:lzae.dor~e Lt will nojk be poaaible 20 compleXe ;the pub&c .tjnpmvme& fieqlLirted by ;the agxeernelzk wiLkin Zize hmdvting ;time. In viw 06 the above ~ac,.t~ and in colzcsidmadion 05 ,the criibcl,tanZLu-! ,i~~en&ne~lk made by PALOIMR 4ZRPORT BUSZNESS PARK in Zkin ptroject, we trQnpeot6uRRy tuque& klznt you pa& a 1 yewt ;time ex;ten~ion beyond .the exinXing expi- ution date. S Z;t LA 06 CUUAAC QcShsnLd 1. ffewty L. Wokee WILLDAN ASSOCIATES fftw/ 6W Copy: Mh. B~nvLie G&~tre, PALOMAR AIRPORT BUSINESS PARK \ 1650 HOTEL CiRCLE NORTH, SUITE 202 * SAN DIEGO, CALIF. 92108 , Ilb I) i ! V’7Cpgglil7-Y MAP NO 5CALE - -, \ -1 J 2 3 4 1 DATE OF AGREE?.?.ENT: .-~ NOVEMBER 10, 1977 NARE AND NUMBER OF smn:cvIsrox: Airport Business Park) CT 73-49 Unit FIo.2 (C.C.& F. Palon \ NiWK OF SUSDIVIDER: .??nLox?xR AIRPORT I3USINESS PARK, A GESERAL pd f 1 ESTLYATED TOTAIL COST OF :CP4PROVZXENTS : $393,260 c_-__I_____ 8 g 10 13. l2 y 4: 13 E% g gk 5 2 14 z>p 22 Ii a dc-! 0 Ei 7- t> :b >o <1L 3.5 ;$E$ 16 5 E d 3-7 c 18 19 20 21 22 23, 24 25 26 27 28 C) p- cn zo cn <9 0 RESOLUTION OF APPROVAL NO. : 3272 ADOPTED : November 20! IEPIPROVEF!ENT DRAIJINGS NO. : - I I 185-7 SURETY AfSD BOND EO. This agreement is made and entered into by and between CITY OF CARLSBAD, California, a Plunicipal Corporation of thi State of California, hereinafter referred to as CITY; arid tl isubdivider name6 on Line 3 of Page 1 hereof, hereinafter re. j to as SuBmvrmR, I J RECITALS : WHEIiEAS I Subdivid-er has presented to City €or approval ’ recordation, a final subdivision map of a proposed subdivis stated in Lines 2 and 3 of Page 1 hereof pursuant to prods 1 of the Subdivision Map Act of the State of California, and I I compliance with the provisions of Title 20 of the Carlsbad 1 Nunicipal Code (hereinafter rezerred to as CODE) relating f filinq, approval and recordation of subdivision maps; and I f WHEREAS, a tentative map of the suSdLvision has been t ! ’ subject to the requirements and conditions contained in th resol.u-tion listed on Line 7 of Page 1 hereof- Said resolut on file in -the office of the City Clerk and is incorporated I I 1 by reference and made a part hereor; and ! Jj I WHEREAS, the Code provides that before the fical map I I ! 8 9 10 11 12 g -Jg m 3.3 ci L- u) 4 14 no?‘ z zc 20 2c 6% 95 aFj .J L I4.r $l;gd 5s VI >: $ 17 46 FV t- u 18 19 20 21 22 23 24 25 26 27 28 n G ,c N g 5 0) wv UJzC< 0 cc m l6l ,=I shall enter into an agreement with City, secured by an approve improvement security to insure the performance of the work pur to the requirements of the Code, agreeing at its own expense t install and complete, free of liens, all of the public inprovt and land development work required in the subdivision within . definite period of time prescribed by the Council; and WI-IEIEAS, Subdivider, in consideration of the approval an recordation of this map by the Council, desires to enter intc agreement wherein it is provided that; Subdivider will install complete at its own expense, all the public improvement work required in connection with the proposed srrbdivision and wil’ deliver to City an improvement security as approved by the C Attorney; and I WHEREAS, complete plans and specifications for the cons tion, installation and completion of the public improvement have been prepared and approveci byf the’ City Engineer , as shc the drawings listed on Line 8, of Page 1 hereof which have 2 filed in the office of the City Engineer and are incorporate reference Iicrein and made a part hereof; arid i WHEJUAS, it is necessary that certain monuments and st as specified on the final map shall be installed within thi 2. / 20 21 22 23 24 I. map resolution, and any amendments thereto and \ the provisions of the Code. (b) Complete at its own expense, in accord with the and specifications and to the satisfaction and i of the City Engineer, all of the public improver 25 26 27 28 and land development work required in and atljoir the subdivision. (c) Furnish the necessary materials therefor, in COI formity with the plans and specifications on fi: -2 3. .I' 1) e in the office of the City Engineer. Notify City Engineer in writing at least fifteen days prior to the commencement of the work hereu so that City Engineer shall be able to provide services of inspection, Complete the improvements under this contract 01 or before the time limit stated in Line 6 of Pat hereof. Install all monurnents required by law within th days after the completion and acceptance of the improvements by the City Engineer. (d) (e) (f) 1 (4) Install temporary street name signs if permanel street name signs have not been installed. 2. If any of the public improvement and land developme: rk contemplated by this agreement is to be constructed or d on land not owned by Subdivi$-er, no construction or inst all be commenced prior to the dedication and acceptance b) appropriate easements, 3. The City Engineer or his duly authorized represent2 on request of Subdivider, shall inspect at Subdivider's e: e improvements herein agree3 to be constructed and instal bdivider, and if determined to be in accordance with appl ty standards and the terms of this agreement, shall recom e acceptance of such improvements by City. Subdivider sl- all times maintain proper facilities, and provide safe E r inspection by City, to 211 parts of the work, and to tE. erein the work is in preparation. I 4. Subdivider shall furnish to City good and sufficic 1 4. * e security on forms approved by City, in the amount of 100% of stimated cost of said improvements as stated on Line 4 of Pa( ereof, to assure faithful performance of this agreement in egards to said improvements, and in the additional amount of f said amount for securing payment to contractor, his subcon I\ ors and persons renting equipment or furnishing labor or mat them for the improvements required to be constructed or f stalled hereby, and in the additional amount of 258 of saic ount to guarantee or warrantythe work done pursuant to this reement for a period of one year following acceptance then City against any defective work or labor done or defectivt terials furnished. Subdivider shall furnish to City such curity in the amount of 100% of the estimated cost of sett bdivision monuments as stated on Line 5 of Page I, hereof required by this agreement. The securities required by t reement shall be filed with the City Clerk and when so fil all be incorporated by reference herein. 5. Any changes, alterations or additions to the irnprov ans and specifications or to the improvements, not exceedi the original estimated cost of the improvement, which arp tually agreed upon by City and Subdivider, shall not relic 3 e improvement security given for faithful performance of 1 I provement. In the event such chdnqes, alterations, or ad( ceed 10% of the original estimated cost. of the improvemen bdivider shall provide improvement security for faithful rmance as required by Paragraph 4 of this agreement for 1 the total estimated cost of the improGement as changed, amended, minus any completed partial releases thereof as , E i 1’ w 5. e e by Paragraph 6 of this ayreement. 6. The securities required by this agreement shall be el-eased as follows: (1) Security given for faithful performance of any I act or agreement shall be released upon the fina completion and acceptance of the act or work, si to the provisions of Subsection (2) hereof. (2) The City Engineer may release a portion of the security in conjmction with the acceptance of performance of the act or work as it progresses upon application therefor by the Subdivider; pr however, that no such-release shall be €or an a less than 25% of thc total improvement security for faithful performance of the act or work an< that the security shall- not be reduced to an ar less than 50% of the total improvement securit: given for faithful performance until Zinal com' and acceptance of the act or work, In no eve'n the City Engineer authorize a release of the i. ment security which would reduce such security an amount below that required to guarantee the coinpletion of the act or work and any other ob imposed by the Code, (the. Subdivision Map Act c agreement . Security given to secure payment to the contri his suhcontractors and to persons furnishing materials or equipnent shall, six months afte completion and acceptance of the act or work, (3) 6. e e reduced to an amount equal to the amount of a1 therefor filed and of which notice has been gi the legislative body plus an amount reasonably mined by the City Engineer to be required to a performance of any other obligations secured t The balance of the security shall be released settlement of all such claims and obligations which the security was given. (4) No security given for the guarantee or warran work shall be released until the expiration o period thereof arid until any claims filed dur period have been settled. 7. Subdivider shall replace, or have replaced, or rep have repaired, as the case may be, a11 pipes and monunents the map which have been destroyed or damaged, and Subdivid replace or have replaced, repair, or have repaired, as the be, or pay to the owner, the entire cost of replacement or of any and all property damaged or destroyed by reason of done hereunder, whether such property be owned by the Unit or any agency thereof, or the State of California, or any political subdivision thereof, or by the City or by any pt private corporation, or by any person whomsoever, or by a nation of such owners. Any such m,epajr or replacement sh the satisfaction, and subject to the approval, of the Cit 8. Subdivider shall, at Subdivider’s expeI’o;e, obtain necessary permits and licenses for the construction of su . improvements, give all necessary notices and pay all fees taxes required by law. 7. 1 4 3 4 5 6 'I 8 9 2.0 11 22 v?g -I 13 55 0, dtlw5 14 OOZE z> yo "03-J gk qtt: 15 ;$.go' 3-6 l.JLr;< GO co >E 2 17' 19 l8 20 21 22 23 24 D d m -E E u: . .J 4 uu va 03 "S t - V 26 25 27 28 *, obligation twenty days after mailing written notice of defaul Subdivider and to Subdivider's Surety, and agrees to pay the cost of such performance by City. The sums provided by the improvement security may be by City for the completion of the public improvements within subdivision in accordance with specifications contained herej City may take over the work and prosecute the same t completion, by contract or by any'other method City may deem addsable, for the account and at the expense of Subdivider, Subdivider's Surety shall be liable to City for any excess c or damages occasioned City thereby; and, in such event, City without liability for so doing, may take possession of, and in completing the work, such Fiaterials, appliances, plant ar property belonging to Subdivider as may be on the site of tl and necessary therefor. 1 I obl-igation hereunder, Subdivider agrees to pay all costs ant 10. In the event that Subdivider fails to perform any expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorne fees. 11. Subdivider shall guarantee or warranty the work dc ' pursuant to this agreement for a period of one year after .' acceptance of said work against any defective work or 1abo- I I or defective materials furnished. If within said period ai I structure or part of any structure furnished and/or instal constructed, or caused to be installed or constructed by 8. 1 2 3 4 5 i 6 1' 7 $ 8 ! 4 4- 4 91 10 3-1 I.z 2 ? E 13 ;:us 14 ~Zzg aG-A 15 L. 5a 5 5 8 6 16 >+ E 17 E - 18 k 19 20 1 21 22 0 .c c.i E< cn "o=z z wo ;g22 zp y 4 Q u J i 4 1 a 2311 0 0 Subdivider, or any of the work done under this agreement, fa5 tc fulfill any of the requirements of this agreement or the r and specifics-tions referred to herein, Subdivider shall withc delay and without any cost to City, repair or replace or recc struct zny defective or otherwise unsatisfactory part or parf the work or structure. Should Subdivider fail to act prompt1 in accordance with this requirement, Subdivider hereby authoi . City, at City's option, to perform the work twenty days aftei mailing written notice of default to Subdivider and agrees tc pay the cost of such work by City. Should the exigencies of case require repairs or replaccments to be made before SubdiT 1 can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and SUI divider shall pay to City the cost of such repairs. I 12. Neither Subdivider n3r any of Subdivider's agents 01 contractors are or shall be considered to be agents of City connection with the performance of Subdivider's obligations this agreement. 13. Nothing contained in this agreement shall preclude from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering in agreements with subdividers for the apportionment of costs o water and sewer mains pursuant to the provisions of the Carl 4 24 25 J 26 2'7 28 '1. Municipal Code providing therefor, nor shall anything herein stated commit City to any such apportionment. 14. Until such time as all improvements rccpired by thi agreement are fully completed and accepted by City, Subdivid will be responsible for the care, maintenance of and any dam w \ 9. 3. 2 3 & 5 6 7 8 9 11 12 lo $m 11 :: 13 E2 a O'LL no-'Z .I~ 14 g>-;i0 -'<k miS J 15 u: I3G wu tZ-,Zd L%-z< 16 Ufc m g 0 c9 >E F: 17 <a 19 20 x* 21 22 23 24 25 26 27 28 Q .[= N LCC u tt u i 1 0 0 to such improvements. Subdivider shall give good arid adeqt warriincf to the traveling public of each and every dangerous condit-ion existent in said improvements, and will protect t traveling public from such defective or dangerous conditisr The Subdivider hereby agrees to pay for such inspection of improvements as may be required by the City Engineer of the City. I 15. Upon acceptance of the work on behalf of City an( recordation of the Notice of Conpletion, ownership of the improvenents constructed pursuant to this agreement shall 7 City. 16. Acceptance of the work on hehalf of City shall be I by the City Engineer upon authorization of the City Counci: 1 acceptance shall not constitute a waiver of defects by Cit; 17. 'Subdivider hereby binds itself, its executors, ac trators and assigns, and agrees to indemnify and hold City fron any losses, claims, demands, actions, or causes of ac. 1 any nature whatsoever, arising out of or in any 'way connec the improvements agreed to be constructed and installed he by Subdivider, including costs of suit and reasonable atto fees for a period of one'year following the acceptance of improvements by City. I I 18. City shall not, nor sha1.l any officer or employe of, be liable or responsible for any accident, loss or dam happening or occurring to the work or improvements specif? this agreement prior to the completion and acceptance of s shall said City, nor any officer or employee thereof, be 1 any persons or property injured by reason of said work or 10. 0 e ments, but all of said liabilities shall. be assumed by Subdi 19. Sale or other disposition of this property will nc relieve Subdivider from the obligations set forth herein. 20. Time is of the essence of this agreement. Subdiv shall commence substantial construction of the improvements required by this agreement not later than nine months prior the time for completion. Provided that in the event good C~ is shown therefor, the City Council may extend the tine for commencement of construction or completion of the improveme hereunder. Any such extension may be granted without notic Subdivider's Surety and shall in no way affect the validity this agreement or release the Surety or Sureties on any bon given for the faithful performance of this agreement. Th'e Council shall be the sole and final judge as to whether or good cause has been shown to entitLe Subdivider to an exter ?.s a condition of such extensions the City Council may reqi Subdivider to furnish new security guaranteeing performancc the agreement as extended. in an increased amount as necessl compensate for any increase in construction costs as deterI by the City Engineer. Failure of Subdivider to comply with the terms of thi: agreement shall constitute consent to the filing by City o Notice of violation against all thk ldts in the Subdivisio IN WITNESS WHEREOF, this agreement is executed by the of Carlsbad, acting by and through its City Manager, pursu to Section 20.16.060 of the Carlshad Flunicipal Code author such execution, and by Subdivider. 1 N -r DATED this 10th Gay of November _- ? 19 77 1 I 11. 1 12 t d2.l 0 0 % August 24, 1977 1 tia7:f: !.for1 ey '5650 Fotel CircS-2 Xqrth, Stij'ic 202 SU3JECT: Subdi visJon Ipprovenent Acreerrent, Extension Qcquest Dear Hank: Tiif$ is s'n r,?f@mnce eo your letter dated July 20, 1977 requzstjnq extenslstt or' the Subdivision 1r.provexent Agreemnt. fisz to inflationzry cost co~d.Iticns, il FIW set of aqreercents md DOE~S 45 required to replace the oricin31 d~~~ritlnts cn 4912 ujth the Cfty. Pimsb cot cur'rent E:;!? construct1 on cost i ~dex. The To1la:dng txtzrialr, arc enclosed for the 0:mers to execute: 3 ) 4) t.tonurcentatim Bond ($3,5GO) After the above doc~ments ar? executed, a'lcase R~WR,~O our offtce for ' acceptance and ffllng. Ne will then proceed to schedule the! subject - request If you have any questions, please call Rene filrtnflr or me tit 729-1181 t exL 35 Very truly YOU=, 1 tril'tdan P$F3t30Cii?tf?S 2 San Dlega, Csllffornia :2io3 1 I C? 73-49 Unit 30. 2 that the lc$ ~~?c:r.~ast? us33 *,o update the orfqln2'l :r?O& X?OURt IS kas2d Qn fih2 Subdl si si on I ~prove~ent ilareement 2) FitfthfUl PePfomance Eond ($303,269) 3) Labor and f!c\eerials 8znd ($151,6333 eo the c'i ty Council for approval. fW Tfm Flanagan c9 ty Engt neer c: Uern.fe G'ilmre, CCbF fJ n 7CF:l?6!4:rr;s /I '# fi4 fXfl/By- 4 b \ I ,i :y3 - I 1 2 3 4 5 6 7 8 9 CITY OF CARLSBA 3 STANDARD F'Ofill SUBDIVISION a FAITHFUL PERFORMANCE BOND NAME OF SUBDIVISION: CT 73-49 Unit Ys.2 (C.C.& F. Palomar Airport NAME OF SUBDIVIDER: Palomar _______ Airport Business Park NAME OF SURETY: Mission Insurance - Company EFFECTIVE DATE: November 8, 1977 AMOUNT OF BOND: $ 303,260.00 BOND NUMBER: SUR 23285 PREPIIUIiI 2 .$ 5,458.00 WHEREAS, the City Council of the City of Carlsbad, Si 10 11 l2 l3 l4 15 I' l7 18 l9 California, and Palomar Airport Business Park (hereinafter designated as "principal") have entered into ment whereby principal agrees to install and complete cer designated public improvements, which said agreement, datt , 19 - , and identified as project CT 73-1 (C.C.& F. Palomar Airport Business Park) is hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms ( agreement to furnish a bond for the faithful performance I 2o I 21 22 23 24 25 26 27 agreement- NOW, therefore, we, the principal and Mission InSUr - Company as surety, are held and firmly bound unto the City of Car hereinafter called "City", in the penal sum of Three Hundre Thousand Two Hundred Sixty and no/lO~-------------------------------- ~ 4 . ,\ ($ 303,260.00 . ) lawful money of the dnited States, for Page 1 -1 J 1 e ,' 0 ment of which sum well and truly to be made, we bind ourselve i 2 3 our heirs, successors, executors and administrators, jointly severally, firmly by these presents. 4i F: u 6 7 8- I 91 I lo i I l1 1 12/ l3 i 14/ 151 x? l8 s9 2o 21 22 23 24 i I I I l6 I The condition of this obligation is such that if the abc bounded principal, his or its heir, executors, administrator successors or assigns, shall in all things stand to and abid and well and truly keep and perform the covenants, condition provisions in the said agreement and any alteration thereof as therein provided, on his or their part, to be kept arid PE ed at the tine and in the manner therein specified, and in z respects according to their true intent and meaning, and shc indemnify and save harmless the City, its officers, agents i enployees, as therein stipulated, th3n this obligation sfial come null and void; otherwise it shall be and renain in ful and effect, ;t As a part of the obligation secured hereby and in addi to the face amount specified therefor, there shall be inclu costs and reasonable expenses and fees, including reasonabl torney's fees, incurred by the City in successfully enforcj such obligation, all to be taxed as costs and included in E judgment rendered. The surety hereby stipulates and agrees that no changc sion of tine, alteration or addition to the terms of the a' or to the work to be performed thcreunder or the specifica ~ 25 accompanying the same shall in anywise a€fect its obligati 261 27 28 this bond, and it does hereby waive notice of any such cha . - Page 2 i .-I I 3. 2 3 4 5 '0. @ -: extension of time, alteration or addition to the terms of th agreement or to the work or to the specifications. In witness whereof, this instrument has been duly execu by the pricipal and surety above named, on October .6 I 2 PALOMAR AIRPORT BUSINESS PARK, A GENERAL PARTNERSHIP 63 7 lifornia Corporation &-?' I .I I 1 0 CITY OF CARLSBA STAlJDAIiD FORPl S U BD I VI S TON LABOR AND FlllTERIALS BOND e l?N.IE OF SUBDIVISION: CT 73-49 Unit No.2 (C.C.& F. Palomar Airport E 2 3 4 5 6 NAPE OF SUBDIVIDER: Palomar Airport Business Park NAME OF SURETY: EFFECTIVE DATE: November 8, 1977 AMOUNT OF BOND: .$ 151,630.00 BOIJD NUNBERr SUR 23285 Mission Insurance Company 7 i 8 9 10 ra. l2 l3 14 3.5 l6 97 18 X' 2o PREbIIUMs .$ ~;lclg.ded in che pr&[.Luin lor Lhe per201 232S 'WHEREAS, the City Council of the City of Carlsbad, St; California, and Palcm:~ Airpojlk 3asiness Park (hereinafter des as "principal") have entered into an agreement whereby pril agrees to install and complete certain designated public ii - ments,' which said agreement, dated r- and identified as project CT 73-49 Unit f20.2 (C.C.& F. Palomar Ai 8usiness F is hereby referred to and made a part hereof; and WHEREAS, Under the terrns of said agreement, principal required before entering upon the performance of the work, file a good and sufficient payment bond with the City of C' to secure the claims to which reference is made in Title 1' z4 25 26 21 28 Now, therefore, said principal and the undersigned as porate surety, are held firmly bound unto the City of Carl: and a11 contractors, subcontractors, laborers, materialmen otl-,er persons employed in the performance of- the aforesaid Page 1 2 3 the sum of One Hundred Fifty One Thousand Six Hundred Thirty------ dol ($ 151,630.00 ), for materials furnished or labor thereon c 41 any kind, or for amounts due under the Unemployment Insuranc with respect to such work or labor, that said surety will p; same in an amount not exceeding the amount hereinabove set j and also in case suit is brought upon Ehis bond, will pay, 2 9' 10 11 addition to the face amount thereof, costs and reasonable e: and fees, including reasonable attorney's fees, incurred by in successfully enforcing such obligation, to be awarded an( by the court, and to be taxed as costs and to be included ir 12 judgment therein rendered. 13 It is hereby expressly stipulated and agreed thaethis 14 I 151 16 I shall inure to the benefit of any and all persons, cornpanie: corporations entitled to file claims under Title 15 (commenc with Section 3082) of Part 4 of Division 3 of the Civil Codc !* 18, brought upon this bond. 24 '25 26 i agreement or the specificathons accompanying the same shall any manner affect its obligations on this bond, and it does by waive notice of any such change, extension, alteration o r / I j i 1 2 3 e @ . r- IN WITNESS WHEREOF, this instrument has been duly execu by the principal and surety above named, on October 6 r PALOMAR AIRPORT BUSINESS PARK, A GENERAL PARTNERSHIP I 1 1 a Name of Agen I? .: , iL fr _c__ -- Address CT 73-49 11 e (5.C.a F. Palomar Air yhk;: - 2 f Sub d iv is ion 1 Bus i n E Bond No, SUR 23286 Premium 63.00 SUBDIVISION PERFORMANCE BOND FOR SETTING MONUMENTS IN THE CITY OF CARLSBAD KNOW ALL ElEN BY THESE PRESENTS: That Palomar Airport j3us.i Park as PhINCIPAL, and Mission Insurance Company 2601 Wilshire Blvd., Los Angeles a corporation, organized and existing under the laws of the State of California , and authorized to act as Surety in the State of California, as SURETY are held and firmly bound unto the City of Carlsbad , State oE CaliEornia, in the penal sun of Three Thousand Five Hundred Forty and no/100---------------- I DOLLARS ($ 3,540.00 ), €or the payment of which sum, well and truly to be made, we-bind ourselves, our heirs, executors, successors and assigns, jointly and severally, by these presents. The condition of the above obligation is such that the said Principal intends to file with the Council of TheCity of Carlsbad,-California, a final subdivision map of CT 73-49 Unit No.2 WHE,PEAS, the certificate of the Engineer or Surveyor on said nap provides that the monuments will be set on or before a specified later date; and (Sectjon 66496 of the Gevernment Code.) requires said Principal to file a good and sufficient bond guaranteeing payment of the cost of setting the monuments; WHEREAS, the Subdivision Hap Act of the State of Californj NOW, TIIEREF'ORC, if said Principal, within 30 days after the setting of the said final monuments, furnishes written notice thereof to the City Engineer of The City of and pays the Engineer or Surveyor for setting said final monuments, and presents evidence of such payment and receipt thereof to the City Engineer, together with .Swrequest that thi bond be released, then this obligation shall. cease and be void; otherwise it shall remain in full force and effect. _____ E& 7-w )y G /Br, 3.s, Name (Typed or Printed)