Loading...
HomeMy WebLinkAbout1980-09-02; City Council; 3795-4; Final Map Tamarack Shores Unit 2CITY OF CARLSBRD -- t initial : Dept. Head __I_- - b AGEI:D& BILL NO. --- September 2, 1980 - -.__- DATE : DEPARPXEFrT: Engineering -- --- - SUB J€CT: FINAL MAP - CARLSBAD TRACT 76-1 1 TAMARACK SHORES UNIT #2 STATEMENT OF THE MATTER Engineering staff has completed checking the final map of Carlsbad Tract 76-11, Tamarack Shores Unit #2 for conformance with the State Subdivision Map Act and applicable local ordinances of the City of Carlsbad. substantially with the conditions of the tentative map approved by City Council on 11-16-76 per Council Resolution No. 4040. The final map conforms F 1 S CAL I MPACT No public facilities fee will be collected because tentative map was approved prior to that requirement. EXH I B I TS Finar !lap (wzll exhibit) RECOMMENDATION Adopt a motion approving the final map of Carlsbad Tract 76-11 Unit NO. 2, Tamarack Shores Council Action: 9-2-80 Council approved the final map for CT 76-11, Unit No. 2. C' 1 2 3 4 5 6 7 8 9 10 3.1 12 13 15 16 17' I€3 l9 0 0 HOLD HARMLESS AGREEMENT DRAINAGE ONLY In consideration of Carlsbad Development Corporation dona to the City of Carlsbad a 10 foot easement on Lot 4 TRACT 76-1 (See Exhibit A) for drainage purposes only for Jefferson Schoc Playfield (City of Carlsbad Plan No. 225-3), the City of Carl: promises to do any and all construction in said easement in a that will not cause damage to any irrigation system or improvc on the property burdened by the easement. The City further at to replace or .rep.a.ir any landscaping or improvements obstruct removed or damaged by the City's use of the easement. The Carlsbad Development Corporation shall not be an ins or surety for the design or construction of the improvements I 14'pursuant to the approved plans, nor shall any officer or empl thereof be liable or responsible for any accident, loss, or rhappening or occuring during the construction work or improve as specified in this agreement, I It is further agreed that the 12" drain line will go und lwall and the wall will not be removed and reconstructed. I 22 It is further agreed that the City will maintain all dra i 26 27 28 and that said systems are accepted as public facilities. It is further agreed that this agreement shall be bindir all heirsa successors or assigns having an interest in all or 'part of the property described herein. I/// a -_ ). 1 2 3 4 5 6 7 8 9 10 11 12 13,: 0 e HOLD HARMLESS AGREEMENT DRAINAGE PAGE 2 IN WITNESS WHEREOF, the undersigned have executed this instrument on dates shown below. I I CITY OF CARLSBAD 14 15 16 17 18 By: L2 I .cpp +$ -*4-c > -2 x\ 1 (/' /at I; DATE : 19 20 21 * 22 r i//// I ///I //// //// I 23 1 24 25 26 27 28 '* '. City of Carlsbad Plan No. 225-3 Jefferson School Playfield me, the undersigned Notary Public, in and for said County and State - (u personally appeared Gustav A. Nesseth YO, B v) President, and xxx : g proved to me on the basis of satisfactory evidence to be the 0 $ ' y 2 O, 2 @ John E. Mc Coy xxx c proved to me on the oasis of satisfactory evidence to be Secretary of the corporation that executed the within instrument on behalf of the corporation therein named and acknowledged to me that such Corporation executed the within instrument pursuant to its by-laws or a resolution of it's bo rd of directors /I 3 zv, m \.I" r FOR NOTARY SEAL OR STAMP % ‘I .A. c 0 NOTICE OF PUBLIC HEARING CT 76-11 and SP-136 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearina at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:OO P.M. on Tuesday, November 2, 1976, to consider an application for approval of a subdivision map, and amendment to a Specific Plan on property located on the north side of Tamarack Avenue between Jefferson Street and the AT&SF rail- road tracks, and more particularly described as: All that portion of Tract 231 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1681, filed in the Office of the County Recorder of San Dieao County, December 9, 1915. APPLICANT: ROBERT HIRSCH PUBLISH: October 20, 1976 CARLSBAD CITY COUNCIL b--,--i-d- --.---3-q SCALE v NOTICE OF PUBLIC HEARING CT 76-11 and SP-136 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:30 P.M. on idednesday, October 13, 1976, to consider an appli- cation for approval of a subdivision map, and amendment to a Specific Plan on property located on the north side of Tamarack Avenue between Jefferson Street and the AT&SF railroad tracks, and more particularly described as: All that portion of Tract 231 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call 729-1181 and ask for the Planning Department. APPLICANT: ROBERT HIRSCH PUBLISH: October 2, 1976 CITY OF CARLSBAD PLANNING COMMIS 522 Tamrsck Ave . (krlshd, CA 921 w " W 42.5 Ss. Fairfox Ave. Los -Aliyeles , CA 90036 . .,, .. , I,,I( ", * ; 5. 6. iNxgaret Jeff res : Cesilio & Sylivia Jaim i Jmes mee 549 Tamrack Ave. : 600 Tamarack Ave. 620 'Tamrack Ave. &.x-lsbzid, CA 92008 : Carlsbd, (21 92008 : Carls'md, cil 920C 0 I,< ,<it .<?,<<< ,< ,!I <i I ,, , i- . . I., ,,. , 7 . ; 9. Josephine Smw i Jack M.i.11~ : william & Irene s 625 Tamrack Ave. : 1393 Oak Ave. 545 Tamrack Ave. Carlsbad, CA 92008 : Carlskd, cc7. 92008 : Carlshd, CA 920C . .,., I ,,.., -10 * .: 11. 12. .The Swys Corp i Bvid & Angelina Nunez : Leon & Ckr2eviev-e 2930 Westwccd Blvd. z 396% Jefferson St. 3976 Jefferson St Los AEgeles, CA 90064 : Carlshd, CA 92008 Carlshd, CA 9290 ., '-3 . '; 14. ; 15. S-tcmley Er Xercdes Carpton : Ralph & Gladys Ogbrn I Elliot Er Eatha H Carlsbad, CA 92008 : Qrls'uad, GI 9200% Qrlshd, CA 9200 812 rnir?qGap%fr: st. : 854 Chixqmpin St. 4 38 rran.;lrack AW Q 18. Tor j 'Tjj.o .o I Fi-& 5( Felice Rcdrigiisz PQrio & P?Iva E-?err,ar?dez - fiydrrZ.'Lki p.. - ..- 17 * ',- 3 912 Jefferson S-t m 4 37 Tmaradc St. &-1skm.d, CA 92008 Gx-ls'md, CA 92008 Carls~kCi, 13 9200, 804 Cit-ms Place -.9 - 20 0 21. : Rokrt & Olga Fierros l?o?h~-t 6( Faye Stz Edward! & Leon Radza 81.2 Ciitrus Place ' 820 Citrus Place 920 Stuhr Avc . Carlslxd, CA 92008 Calskad, CY\ 92008 'Sa &'aiel, CA S ',2. 23. 24. Fd;,?r;l.rc? & C~rald Wrent Ckrl>>hd, CX 9200% Luriald & Diane Yerkes Jams & i.aural-ce &-me 391 '1'aer;ick Aiqe a 1751. Tcmrack Ave ~ Carls'md., CA 92001 Lee (5( Fkm Boyd 815 TZEXC?C~ Av~.; '. ' ~arism, cn 92008 25" : 26. 27 m NZRC~ 'i'hi;ifipsorl - investors Tarra.rack Nils Nilson 357 Tmzraclc NVe. 390 Tamrack Ave. 380 Tamrack Atre B G!arlsb&, CA 92008 Wlsbad, CA 92008 Car-lshd, CY. 92oot: ?% D '' 29. 30. M~:cko & 1,upe Herrera ' Jams ti L~cy Ran:se Gxrlsbd, CIA 92008 Girls'md, CA 92008 Girlsksd, CA 92008 Ernes-t & Shirley Crowder 37.1 Rcebvccd st. 391 ReGh'd St, 370 R.~w(Y%~ St. 11. m 32. 33 * Anne Br;u?dt Clarercc & rhzd Rokrts &hard EC Pmzi PK~~A, 1 Box 2 369 Ek~nlod\: S-t. Fienran & t;krLdo Wil &royo, Grarrde, CA 93420 Carlsbd, (34 92008 P.0. cox 486 .?! err;? V-i <;I-:-> . P.-i 7 369 Juniper jx carls5ad, CA w 3Yt, I-iCITUOCK AVC. m .I ,59 lat ti lock Ave. I ' . QrTsbad, CA 92008 . ; Carlsbad, CA 92008 I. - ~ ~~.:;;:.,'........r<<I r<<,l,,,<," (I,,. , ... , -. i 38. ; 39. Dile & Nina Bmwer : Village Prcprties , : Archie Kay1 291 Rd~mod St. ,. : 3642 Village Drive : 635 Magnolia i i Carlsbad, CA I Carlsbad, CA 92008 i Carlsbad, CA 92008 . e I :, I -. . <I ,, . 1 ,,*,: r<,<<<<r<cc<<<:<cL<~ I,< 'IC j(, ~,~',,,~~ (,, ., i 41. t 42. 4 / 40. ! Archis Koyl i Retirement. Eui lders Inc - : Lee & Corothy i 673 Magnolia Ave. : 3624 Oak Cliff Drive : 701 Magnolia 2 j Carlsbad, CA 92008 i Fallbrook, CA 92028 : Carlsbad, CA I, <, ', c-rr<< << I I, rC., rc, r<, I <I < I 43. : 44. ; 45. : tJce & Irene C;: t 749 Mgnolia Ave. : 3725 Jefferson St. ; 3715 Jeffersor ;t ~Zarls'md, CFI 92008 : Carls'kad, crl 92008 i Czrlsbad, G\ S :j $ ! Ancia-son & i%ry. Bollinger i E-iar-oid & Gixie l<LrJlan ' , , &. , .. . .. .'.<C, .. , < . .,., ,, '1 L c e c L < < P r. I < r I <. < < r< < < < < ~ . ,. <: , , : 47. ; 48. Richard & Ann Geyer : Fdmrd Bell ' Gary & carol H Stephen & Harriet Rabel : 4545 Los Feliz Slvd.# ,206 3593 F!;ucding S 753 Xaqnolia Ave. : ios Angelns, CCq 90027 ; C'arlshd, CA Carls'hd, CA 92008 .r. I < ,I. I ,, < ; 49. 1 50. 51. : hjorton (s( Noma ~arlow : Ee~L'c~rt CC ;'oann Ikardrofr' I L&im Fi.aws j Carlshd, CIA 92008 Poi-%a CC Noble 'Wrley : 830 Magnolia Ave. 850 i%gr:olia At i GC6 :v'iagnolia ATE. ; Carlslxd, CA 92008 er-lG' - cuod, .. CA ( 1 .. ~G j<Il<lr.<l. i 52. 53 I Z're&marl & Yl?&€d PA-Echell : Fyeeq>m & PG.l&.-ed Mi.tche11 Jrti^,w &4 LGrra.: Carls'md, CA 92008 i Ccrrl.s'md, CA 92008 Car:Iskacl, CA s 54 " 3701- Fzrding St. : 14 5 PhgRolia Ave ~ : 370~7 ;i.ef:feL-:;on 56. 57 I 55 * : Robert & Bertha LSlliqhm Joki? h i'sncy Tx. Cecliley LfOraxd 3714 Jefferscn St- : 3713 ilardipg St. 3725 I-larding 5 CXlShd, 01 92008 : C?.rlsbzd, CA 92008 Gir.!s'fixK, (?&. : 60. I 58. 1: 59. F~C~EZI G Mil&& Mitchell i I1aul.ir.e k;i]-son firchic Koyl 3726 Jefferson St. : 3736 Grefferson Si;. 3'737 fwdirq St QrI.s*kx~d, Ca 92008 : Carlskad, CA 92008 C;-ir?s'r.;ld, CF. 9 I 63 * 61. i 62. 7 Archie Kcyl :: Merrie Ynrtin ' Mary Nelson 3760 Jefferson ; 3743 I-lcxding st. : 3743 Jefferson St. C~lsbad, CA 92008,- f Carl.sbd, (:A 92008 Carl.s'czd, CA 9 i '.\. 66. 64 o i 65. Arcliifl KGY~ : Archie Koyl ,J&n & ,To;; epl.3. rie 3761 EIar&ny' St. 3775 mrdiny St. 37-72 Jcffierson S ~ Carl. >skxd, Ch 92008 arn s?33d, c;.i 92008 (2rl.:<ka,d, rA 32i JVVI L..A+.--.--.7 - 3/85 r!aralng ac. w Carlsbad, CA 92008 Carlsbd, CA ,1784 Jefferson St. W J Carlsbad, CA 92008 ,/ <I ,,.,I# tc i 71. , 72, 70.. t Harold & Qrilla Tabbutt ' Archie Koyl : 3814 Jefferson St. 3813 Marding : Jean Bowen ' Carlsbad, CA ( I 3802 Jefferson St. 1 I Carlsbad, CA 92008 i Carlsbad, CA 92008 * , e c r ice< (I (( ,<< , , <<I<<, r<r ,<C( I,- rr : 74. : 75. ( Archie Koyl (. Carlsbad, CA 73. Archie Koyl r Archie Koyl 3827 Harding St. : 844 Sandra Place r 3824 Jeffasol i I -I 1 Cx-lsbd, CA 92008 : Cxlskad, CA 92008 Ai 4 ] ,I i <, I I 1 <s 1 j c I E a i 1 , I, << i i 1 I I j i i i \ i 1 I ! I \ I 1 1 9 1 0- m 0 NOTICE OF PUBLIC HEARING CT 76-11 and SP-136 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:OO P.M. on Tuesday, November 2, 1976, to consider an application for approval of a subdivision mdp, and amendment to a Specific Plan on property located on the north side of Tamarack Avenue between Jefferson Street and the AT&SF rail- road tracks, and more particularly described as: All that portion of Tract 231 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1681, filed in the Office of the County Recorder of San Dieao County, December 9, 1915. APPLICANT: ROBERT HIRSCH PUBLISH: October 20, 1976 CARLSBAD CITY COUNCIL I ! I h ! h - . . SCALE . - - ---_ I TO : * &IT-?+ CmLK OFF ICE : * ," ' .. 1: t- I 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I-7 18 19 2o 21 22 23 24 25 26 27 28 Z9 30 31 32 I .--. - --.- , SEmD Am y r FOR CO:~XUTIOX OF "FIG SIC2JAIX THIS AGFEIZMEUT. is mda and entered into this ___- 14th day of Augu 1980, by and between the CITY OF CARLSBAD, a municipal corporation (her referred to as "city"), and Tamarack Shores ?a California 1 irni ted partnership both of whom Lmderstand and agree as follcxlJs: (hereinafter referred to as "Develq RE C I T A\L S: /- WH!ZFEAS, &vel-r has presented toCity for approval a final sub( mp for Carlsbad Tract No. known as Tamarack Shores (hereinafter referred to as "M?q"), which map is hereby referred to anc incorporated herein; and 76-11, Unit No. 2 WHEREAS, loper has reqrested approval of Map prior to the con: traffic signal at the intersection of Avenue and Jefferson Street \hi.& is appurtenant to the susdivision & in the Map and is in part necessary to regulate the traffic generated 1 subdivision. of certain inpxwemnts to wit: NOW, THEIEFORE, for and in ansideration of the approval of the City and in o:rder to insure satisfactory perfomce by Ceveloper of D obligations in regard to said signals, City and Ceveloper agree as fol DeveLoper shall pay City the cost to City, not to exceed Fi ftc and Dollars ($15,000.00) of providing traffic signal at the inters Of Tamarack Avenue and Jefferson Street 1. 1.1 is required, Developer shall within five (5) days deposit the rmxhmn required by this agreerrent fcr that signal with the City. @on receipt of notice from City that construction of sa 1.2 City shall cause the coqletion of all necessary work ar lation drawing on Developer's deposit for all costs incident thereto. 1.3 Upn completion of all mrk and upn final acceptance b: thereof, City shall mike a final accounting of all costs. Any balancc ing in Wveloper's deposit after payrrt;rlt of all costs shall be refimdc - - - - - - - . -- __ - - ~ . *-_ 1- I ’ 1 2/ 3i 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 29 30 31 32 11 1 kveloper. 2, Concurrently with the exemtion hereof tcj secure Developer’s tions hereunder, Developer shall provide to City a surety bond or bond favor of City in the totallarrount of Fifteen Thousand Dollars ($15,000. The surety and the form of said bond shall be satisfactory to the City Upon deposit by Developer of the paymnt or paymnts required 3. City shall deliver to Bveloper necessary documnts for releasing the corresponding to the papt received by City. 4. This agremt shall be binding upn and shall inure to the k of, and shall apply to, the respective successors and assigns of Devel City, and references to Developer or City herein shall be deemed to Ix to and include their respctive successors and assigns without specifi xx \ xx xx xx xx xx >x xx xx xx xx xx x>: xx xx xx xx xx xx xx (r -2- -. -I -_ .- __ I -a m L e= *. -b” - \. <-‘ ii- CITY OF CARLSBAD, a Municipal Corporation of the State of ci. WImSS my hand (?Jotaria1 acknowledgenwt of execution of owners must be attached) -3- e I 1 -- -. __ -- ~... I- - Auclust 14. 1380 I 6 7 -___.I-. $165,000.00 ESTIMATED TCJTAL COST CF Il'lPROVEXENTS : ESTIfiIATED TOTAL COST OF MONUM~_;INTAS'ION: $4 t 200. OO -_________l_l_ 8 1 12 months from Fina TIME LIMIT F'2:R CON~LETI~N OF IMPROVEMENTS : recax-iL - 21. 12 3 I City of Carlsbad, California, a Municipal Corporation of the l- S'iate of California, hereinafter referred to as City; and the <T ffi 1: 8 2-3' . cc g Subdivider named on Line 2 of Page 1 hereof, hereinnftej: refe GO % >E 2 17 >- a$ recordation, a final. subdivision map of a proposed subdivisic 29 by reference and made a part hereof; and I 1 I 3, 2 3 4 5 6 7 8 9 10 11 12 2 II: E 13 D .E g %a o) OUUJ a4 _“ mG 2 z 2 -f 15 i -54 ktW0 z w g 6 16 “UZS “0 9 >E (r 17 E 18 19 20 21 22 23 24 25 26 27 28 0 go;$ G6 0 0 I approved by the City Council, Subdivider must have complied WI the requirements of said resolution and must have either inst and completed all of the public improvements and land develop: work required by the Code and said resolution to be installed suhdivisi.ons :before final maps 5f subdivisions are approved b City for purpose of recording in the office of the County Rec .of San Diego Couaty, or as an alternative thereof, that Subdi shall enter into an agreement with City, secured by an approv improvement security to in.sure the performance of the work PC to the requirements of -the Code, agreeing at its GWI experise install and complete, free of liens, all of the public improv and land development work required in the subdivision within definite period of time prescribed by the Council; and WHEREAS, Subdivider, in consideration of the approval a;: recordation of this map by the Council, desires to enter intc agre,: ment wherein it is provided that Subdivider will instal: complete at its own expense, all the pcblic improvement work required in connection with the proposed subdivision arid wil: deliver to City an improvement security as approved by the C: Attorney; and WKEWAS, complete plans and specifications for the cons. , tion, installation and completion of the public improvement have been prepared and approved by the City Engineer, as sho the drawings listed on Line 5, of Page 1 hereof which have b filed in the office of the City Engineer and are incorporate reference herein and made a part hereof; and WHEREAS, it is necessary that certain monuments and sta as specified on the final map shall be installed within thir 2. 31 2 3 4 5 6 7 8 20 7 11 12 g m 13 -I:: fi2 g ;:”,. 14- oozg “>YO C‘-C~ 15 “U -I u: ,3< 4$sn 16 -I 17 5L CT 5 c u 18 19 20 21 22 23 2 4 25 26 27 28 Q Q lbu znz6 zo cn 07 6 days after cornpiction of the required improvements and their acceptance by City, and that street signs be placed at inter- sections, as required by the Code; and WHEREAS, ,an estinate of the cost of constructing the publ. improvemznts and necessary I.anci devslopment work in connectioi therewith accordingr to said plans and spccifi.ca-kions has been and has been appxoved by City Engineer in an anount stated on Line 6 of Page 1 hereof, which estimate is attached hereto, m Exhibit A and made a part hereof; and hXEREAS, an estimate of the cost for the installation of monurfients has been approved by City Engineer in an amount sta on Line 7 of Page 3- hereof, which estimate is attached heretc marked Exhibit B and made a part hereof; NOW, THEREFORE, in consideration of the approval and recordation by the City Council or’ the final nap of this sub- divi.-ion, and other valuable consideraticn, Subzivider and Ci agree as foll-ows: 1 e Subdivider shall : (a) Comply with all the requirements of said tentat: map resolution, and any amendments thereto and T the provisions of the Code. Complete at its own expense, in accord with the and specifications and to the satisfaction and < of the City Engineer, all of the public improve and land development V70rk required in and adjoi the subdivision. I (b) (c) Furnish the necessary materials therefor, in co formity with the plans and specifications on fi 3. I 2 3 4 5 6 7 8 3 3.0 11 12 a El c0 13 2: $2 0) o'Ll!J-Q 14 oo=g o>;Q Q- 15 *GTA g&gd 16 ggy zo w --I- >I- -I [r 17 3 c 18 19 2Q 21 22 23 24: 25 26 27 28 0 z u: j fG wu < 0 I in the office of the City Engineer. (d) Notify City Engineer in writing at least fiftee days prior to the commencement of the work here so that City Engineer shail be able to provide services of inspection. (e) Complete the improvements uncler this contract o or before the time limit stated in Line 8 of Pa hereof. (5) Install all monuments recyired by law within th days after the completion and acceptance of the improvements by the City Engineer. Ig) Install temporary street name signs if permanen street name signs have not been installed. 2, If any of the public improvement axid land developmen work conternplated by this agreement is to be constructed or i led on land not owned by Subdivider, no construction or insta shall be commenced prior to the dedication and acceptance by of appropriate easements, 3. The City Engineer or his duly authorized representat upon request of Subdivider, shall inspect at Subdivider's exp the improvements herein agreed to be constructed and installe Subdivider, and iL" determined to be in accordance with applic City standards and the terms of this agreement, shall recomme the acceptance of such improvements by City, Subdivider shal at all times maintain proper facilities, and provide safe acc for inspection by City, to all parts of the work, and to the wherein the work is in preparation. 4. Subdivider shall furnish to City good and sufficient 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 Ea e< a UG du lu - 14 cozz ' "G t- Q 5 15 zz>< kZgn i6!/ c Q .$ E z,.$ u I$g security on forms approved by City, in the amoufit of 100% of estimated cost. of said improvements as stated on Line 6 of Pag hereof,,,to assure faithful performance of this agreement in- regards to said improvements, and in the additional amount of of said amount. for securing payment to contractcr, his subcont tors and persons renting equipment or furnishing labor or mat€ to them for the improvements required to t:a constructed or installed hereby, and in the additional amount of 25% of said amount to guarantee or warran-tythe work done pursuant to this agreement for a period of one year follcwir,g acceptance thcrec by City against any defective work or labor done or defective materials furxished. Subdivider shall furnish to City such security ir, the smount of 100% of the estimated cost of settir subdivision nonuments as stated on Ljlne 7 of Page 1, hereof a1 The securities required by th: agreement shal.1 be filed with +he City Clerk and when so fFLec j as required by tl:is agreement. ux & ze 2 =-+ oc 17 k 0 18 19 20 21 6$ z shall be incorporated by reference herein. 5. Any changes, alterations or additions to the improver plans and specifications or to the improvements, not exceedin1 of the original estimated cost of the improvement, which are mutually agreed upon by City and Subdivider, shall not relievl 22 23 24 25 26 27 28 i the improvement security given for faithful perfcrmance of thi improvement. In the event such changes, alterations, or add2 exceed 108 of the original estimated cost of the improvement, Subdivider sh,all provide improvement security for faithful pe formance as rtequired by Paragraph 4 of this agreement for 100 of the total estimated cost of the improvement as changed, al or amended, minus any completed partial releases thereof as a 5, 3. 2 3 4 by Paragraph 6 of this agreement. 6. The securities required by this agreement shall- be release’d as follows: (1) Security given for faithful performanze of any 1 2 3 4 5 6 7 8 9 .reduced to an amount equal to the amount or' all ( therefor filed and of which nctice has been give] the legislative body plus an amount reasonablq dl :mined by the City Engineer to be required to ass' performance of any other obligations secured the The balance of the security shall be released up' settlement of all such claims and obligations fo which the security was given. (4) No security given for the guarantee or warranty 18 11 12 n 2 s 2 1s Lfz 8 g&3= 7*"u5 14 z>3 YO mu S? + G tt: -I 15 li * z.2 5 ?LI g 6 16 EZ,N&c 5: 2 3.7 >" k 18 19 2o 21 22 23 24 25 26 27 28 zo q6 0 work shall be released until the expiration of t period thereof and until any claims filed during period have been settled, 7. Subdivider shall replace, or have replaced, or repair have repaired!, as the case may be, all pipes and monunents st the map which have been destroyed or damaged, and Subdivider replace or have replaced, repdir, or have repaired, as the CE be, or pay to the owner, the entire cost of replacement or re or' any and all property damaged or destroyed by reason of an> done hereunder, whether such property be owned by the United or any agency thereof, or the State of California, or any age political subdivision thereof, or by the City or by any pub13 private corporation, or by a'ny person whomsoever, or by any I nation of such owners. Any such repair or replacement shali the satisfaction, and subject to the approval, of the CityEr 8. Subdivider shall, at Subdivider's expense, obtain al I necessary permits 2nd licenses for the construction of such improvements, give all necessary notices and pay all fees an taxes requir'sd by law. 7. 2 4 c - 18 19 20 21 22 23 24 25 26 27 28 u and necessary therefor. 10, In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney': fees. I 11. Subdivider shall guarantee or warranty the work done pursuant to this agreement for a period of one year after fin< acceptance of said work against any defective work or labor dl or defective materials furnished. If within said period any structure or part of any structure furnished and/or installed constructed, or caused to be installed or constructed by 8. I 1 2 3 4 5 6 7 8 9 10 IT. 12 Y g 13 dc. w 5 14 nozE z>. 90 Z+<k “U _t 15 u I?< 2 t, s 6 26 lUZN4 zp y >+ (r 17 as ; 0 18 19 20 21 22 23 24 25 1 n ‘m <$ m EN w .o oc m Subdivider, or any of the work done under this agreement, fail to fulfill any of the requirements of this agreement or the pi and specifications referred to herein, Subdivider shall withot delay and without any cost to City, repair or replace or recor strwt any defective or otherwise unsatisfactory part or part: the work or struckure. Should Subdivider fail to act prctmptll in accordance with this requirement, Subdjvider hereby authori City, at Cityts option, to perform the work twenty days after mailing written notice of default to Subdivider and agrees to pay the ccst of such work by City. Should the exigencies of i case require repairs or replacements to be made before Subdivi can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Sub- divider shall pay to City the cost of such repairs. 12. Neithei Subdivider nor any of Subdivider’s agents or contractors are or shall be cpnsidered to be agents of City ip. connection with the performance of Subdivider’s obligations ur this agreement. 13. Nothing contained in this agreement shall preclude Cj from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering intc agreements with subdividers for the apportionment of costs of water and sewer mains pursuant to the provisions of the Carlsl Municipal Code providing therefor, nor shall anything herein stated commit City to any such apportionment. 26 27 28 I 14. Until such time as all improvements required by this 1 agreement are fully completed and accepted by City, Subdivide, will be responsible for the care, maintenance of and any damac 9, 1 2 3 4 5 6 7 .8 9 20 11 12 a 13 Ea sa $2 0) cj~~~~ 14 ao$$ ggy0 mo-J cU- 15 u: I44 $& 8 d 16 ggcs zo rn >t t--J [r 17 0 LU 0 a9 > - u I- 18 19 20 21 22 23 24 25 26 27 28 1 to such improvements. Subdivider shall give gocd and adequat warning to the traveling public of each and every dangerous corid.ition existent in said improvements, and will protect the traveling public from such defective or dangerous conditions. The Subdivider hereby agrees to pay for such inspection of su improvements as may be required by -the City Engineer of the City. 15. Upon acceptance of the work on behalf of City and recordation of the Notice of Conpletion, ownership of the improvemnts constructed pursuant to this agreement shall ves City. 16. Acceptance of the work on behalf of Ci-ty shall be m by the City Engineer upon authorization of the City Couileil. acceptance shall not constitute a waiver of defects by City. I 17. Subdivider hereby binds itself, its executors, adni trators and assigns, and agrees to indemnify and hold City hh from any losses, claims, demands, actions, or causes of actio any nature whatsoever, arising out of or in any way connected the improvements agreed to be constructed and installed hereu by Subdivider, including costs of suit and reasonable attorne fees for a period of one year following the acceptance of sail improvements by City. 18. City shall not, nor shall any officer or emplijyee t: of, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified this agreement prior to the completion and acceptance of same shall said City, nor any officer or employee thereof, be liab any persons or property injured by reason of said work or imp 10 0 I J. 2 3 4 5 61 7 8 3 101 3.1 12 ' a 13 dL UJ 5 14 15 u: * $0 gk gd 16 LZP< 5:: 2 17 aa zv !z 18 19 20 21 22 23 24 25 26 27 28 Q Q .d : %s Oi - 0c;g %>$ "02s 2 gg m 0 mentsl but all of said liabilities shall be a-ssumed bl7 Subdi.c 19. Sale or other disposition of this property will. not relieve Subdivider from the obligations set forth herein. - 20. Time is of the essence of this agreement. Subdivid shall commence substantial construction of the imFrovenents required by this agreement n9-t later than nine months prior t . the time for coq>letion. Provided that in the event yood Gal: is shown therefor, the City Council may extend the time for i cormencement of construction or completion of the improvement hereunder. Any such extension may be granted withozt notice Subdivider's Surety and shall in no way affect the validity o this agreement or release the Surety or Sureties on any bond given for the faithful performance of this agreement. The Ci- Council shall be the sole and final judge as to whether or no. good cause has been shown to entitle Subdivider to an extensic As a conditi-on of such extensions the City Council nay requiri. Subdivider to furnish new security guaranteeing performance oi the agreement as extended! in an increased amount as necessary compensate for any increase in construction costs as determine 1 by the City Engineer. Failure of Subdivider to comply with the terms of this I agreement shall constitute consent to the filing by City of a Notice of violation against all the lots in the Subdivision, IS? WITNESS WHEREOF, this agreement is executed by the Ci'c of Carlshad, acting by and through its City Manager, pursuant to Section 20.16.060 of the Carlsload Nunicipal. Code authorizin such execution, and by Subdivider. DATED this ,$+h day of ~E~TE~ g ~g r 19 iTa . 11. i 1 2 3 4 ?3 6 7 8 9 10 13. 22 13 14 15 16 a'? 18 19 20 21 22 23 24 25 26 27 20 -- S UB D IV I DE R (Notarial acknowledgement of execution of Subdivider must St attached. ) CITY OF CARLSPJAD, a Yunicipal Corporation of the State of r- 1 California / '?, ! , i V'L v;y-kdc/flbF+ SWDO, JR. City Attorney STATE OF CALIFORNIA ) COUNTY , in the year/PfQ before nc c in and for said State, per. On this the undersigned, appeared Frank D. n to me to he the City Manac the City of Carlsbad, a municipal corporation of the State c California known to me to be the person who executed the 'c27ii instrument on behalf of said municipal corporation, and ackr ledged to me that such City of Carlsbad, California, execute the same. WITNESS my hand and official seal. /'- ' - I 4 t ro 1948 CA (8-741 (Partnership) A-coBdwDn known to me of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. I ui d a tobe CY&% 2 (Thin am for official notarial seal) TO !946 CA 18 74, 2-w BM5UWAHCE AND TRU0K RncoR COPPPRMY ( Partnership) STATE OF CALIFORNIA COU3Y-y OF L1:: 5, ./"b>^lq<i f- /(J s ] ss. On Q "-;? ;/' 5 7"-> jL i' : f before me, the 'v undersigned, a Xotary Public in and for said State, personally a.ppeared__.--.-. _______ -, i 4 zr, I w known to me 2 to be..- - &e.-! ----of the partners of the partnership f that executed the within instrument. and acknowledged to me I that such partnership executed the same. 4 VJITWESS my hand and official seal. OFFICIAL SEAL - - - - 'RIFilCIPAL OFFlCC IN (This area for official notarial seal) E : * 2ECORDING REQUESTED BY (I) 112 LESTER G. EVANS -(Tinier or Surveyor) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 kT 3 Ira 25 i% ?@j §Ad , 033 tincnur ~dy Carlsbad Ca 92008 Unr\l In&$, quLI'I I Ill I . I* "_I 1108 Pianorld St. +Sam! bi-ego CA 92109 EVANS, LINDA L 730 Anchor \?ay 29214 Posey \lay SHANER, JERRY D. Carlsbad CA 92008 JUMCAL, RAYIIOT\!D & HELEI4 Rancho Palos Verdes CA 920274 SHArlER, LARRY P RAql 665 Anchor \lay Carlsbad CA 92008 REYNGLDS, '*/ALTER 2 I 2391 Bayview Drive Panhattan Beach CA ( HIGHSliITH, KARY J 540 Anchor Nay Carlsbad CA 92008 LE CROISSETTE, DErlNIS H. 3 JILL C. 503 Continental Court . Pasadena CA 91103 i liOMMI, CAROL L STOkER, TH0MP.S F LE JOHNSON , ROi3ERT & SHAR0r.I 710 Anchor !fay Carlsbad CA 92008 545 Anchcr !hfay Carlsbad CA 92008 725 Anchor !Jay Carlsbad C.4 92003 SIBERT, EVANS 8 tfELEt4 PETRICK, FRAFIK & SH 555 Anchor I4ay 21152 Poston Lane CAPIPBELL, JOIIN C P.O. BOX 1455 Carlsbad CA 92008 HuntinrJton Beach C? Carlsbad CA 92003 1 UARINELLA, CAXIEY 2, 6553 Eddinghil? Cri Rancho Pal os iferdes S!,IEETLA'.JD , EVERET'T & I11 RA 12097 Short Street Lakeside CA 92040 LA LONE, FRED & JAllET 555 Anchor l!ay Carlsbad CA 92008 I FEiIR, FRAIdK & ELVA 4382 Via Marta Carlsbad CA 92008 FRoNGELLo, JosEpy ' DELoR1S S[I-[TI-E 9 \Tjf[_LIAll ,QQ JEAIjrIE 6119 Rilciioi- \kiy Carlsbad CA 92008 I GNAUDEN, HO!iIARC c"~ JOA'I BIJRIIS, CARL D. 533 /kC'nGr !.!at/ Carlsbad CA 9?908 Carlsbad C?, 92008 OLSON, GARY 21 CAROL !NRl~I~~SO~i, CtiARLF-S r: KATIILYN 620 Anihor Way P.O. BOX 42052 Carl sbad CA 92008 Los Angeles CA 93042 OLSOFI , BRAELEY ti i\,L I S0I.I CASSITY, ROSERT I JN- 610 Anchor b!dy Carlsbad CP, 92008 645 Anchor !/dl/ Cdrlsbad CA 92008 I cb e 12$0 tLf.0 rVEt4.j‘: CARLSUhD, LA! I-OP,\1lA 529% T E LE P H 0 I (7’14) 438 5 yo >j%T &@ ef 6gsr&$eta*.l August 27, 1980 Safeco ivsvrance Company 8250 Woodinan Avenue Panorailla City, CA 91409 Re: Carlsbad Tract 76-11 Tamarack Shores 9 Unit los 1 We are releasing and returning herewith the Labor 8 Nateriais Bond, No. 2754G0 i ssued in connection L~’I l’n the above-referenced matter. Also relcas,j j5 the remining 25% GF the Faithful Performsnce Bond, No. ’27546 and returned hereni th. Should you havc any questions regarding the advices please do not hesitate to contact thi s office. Cc# \/ ,A*& %/d’ p Lfi$~RpR,<,,v Deputy City Clerk G/ L 4 cc: 6en Aviv Damari GOtDRICil YY. KEST 51 50 Ovcrf and Avenue Culver City, CA 90230 CITY OF CARLSBAD b r lnter-Qffice Correspondence , - -- OFFICE: LA’,, - A /o L~/<sL,z f ! DATE : MESSAGE : 2’ Expiration/Diary Date ’ -x 6- I /- Code ; 17 , A,;- /, -/ i,--- Na\me/Subject . KL*, &e-’/ -25- 4> d Description/Contract No. --/-”., ”!<@*- - bc, 64 /) p 7 ‘&----‘ Resolution No. - Policy No. .- ~ i- ._-- - Reply requested : a Attachmmts: Signature : P, ~___~ ____- ___- REPLY : --__-- Signature : -I_ Date : -I --_I-_. L______II_ ------ ------- -_ --- b d Bob Woj cik, Engineering March 18, 1380 - SECOND REQUEST Please authorize release of the following bonds: 1. CT 76-11 Labor & Materials Bond No. 2754605 2. CT 75-2 Faithful Performance Bond (Unit #l) No. 6SM 167 532 3. Thanks . .*,.--’ . CT 72-21 Labor & Materials Bond No. 8 SM 173644 -8 CL- -, --Anita Murphy /’ b?L/$5 PoES mdT ~-tf/?.&T- 70 /?-E.,!-&&g ~~-76---/ -. - -~ - __ .__ - _--- ---- - - ____ ____ __ - - . -__ -I ____ __ __ _-.. ___- L- &o& /y?/L_LkcR HAS 2Y-ePyf& LDe/Z-SliAR/S Agf25tfT @.5- 7-)-jE^RE/SbRZ/ /9s AF .&/dm’ t7- 73-J] /.-j THLZ OWLY dSJ& 0 /( 7& RkLkASL-, /?#tGVf&W/+ 1” -#f - # CC&?- ExpiratiodDiary Date Name/Subject Description/Contract No. I Policy No. Resolution No. i File Closed 8 1200 ELM AVENUE TE LEPHO CARLSBAD, CALIFORNIA 92008 (714) 729- Citp sf Qsrr1~;bsb November 8, 1979 Safeco Insurance Co, 8250 lJoodman Ave. Panorama City, CA 91409 Re: Car'lsbad Tract 76-11 - Tamarack Shores, Unit No. 'I The Notice of Complet-ion for the above mentioned subdivision recorded on August 10, 1979. seventy-five percent (75%) of the Faithful Performance Bond, Safeco Insurance Co. Bond No. 2754605. Please consider this letter as your notification that $105,000.00 of the $140,000.00 Faithful Performance Bond is hereby released. Ne are required to retain the remaining twenty-five percent (25%) for a period of one year. At that time, if no claims have been filed, it will be released. The Labor and Materials Bond No. 2754605, in the amount of $70,000.00, will be released six months from the date of recor- dation of the Notice of Completion. If you have any questions, please do not hesitate to contact this office. Therefore, we are releasing ALETHA L. RAUTENKRANZ City Clerk ALR: krs cc: Ben Aviv Damari UIII C". 1 '5 City Clerk Q City of Carlsbad 1200 Elm Avenue NOTICE OF COXPLETION Carlsbad CA 92008 EXGLNECRING AUC IT$ f2 Sr To All Laborers and Material Men and to Every Other Person Intgp+s&$i- fa 1 --- - YOU WILL PLEASE TAKE NOTICE that on the Engineering project consisting of CT 76-11 Knm as Tamarack Shores Unit No. 1 on which Goldrich and Kest was the contractor, and was the surety, was completed a Safeco Insurance Company of America CITY OF CARLSBAD City Engineer VERIFICATION OF CITY CLERK I, the undersigned, say: ity of Carlsbad; the City Council of accepted the above described work as f Completion be filed. I declare under penalty of perjury that the foregoing is true and correct e Executed on at Carlsbad, California. . CITY OF CARLSBAD City Clerk ,/