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Home My WebLink About1980-09-16; City Council; 3671-3; RELEASE OF SUBDIVISION IMPROVEMENTS BONDS FOR CT 76-4 ALTA MIRA UNIT 41 , f i% mmt 'ni :-;a1 : e C'ITY Of CARLSBRC 0 *+ :; EJw#YiT~ ?-nJ a3tl-J SI -- --- r.GEfiDA 3ILL NO +& ??!A hept. Head F LATE : --_-- September 16, 1980 - C. ~tty PF8 c.. Mgr. z DEPARTMENT: Engineering - -4 - - SUBJECT: RELEASE OF SUBIIIVISION IMPROVEMENTS BONDS FOR CT 76-4 ALTA MIRA UNIT 4 STATEMENT OF THE MATTER Pacific Scene of San Diego, developer of CT 76-4, Alta Mira Unit No. 4, wester of Paseo Del Norte, and north of Camino De Las Ondes, has requested that the City accept public improvements as complete and release the subdivision improv ment bonds. acceptable. The Homeowners Association has written to the developer complaining about nume problems with the private streets and walks and the units themselves. the letter is included l'n ttie exhibits. The developer has provided the City w a document which he feels releases him from any construction defects. City staff has determined the improvements are complete and A copy FISCAL IMPACT City will be required to ma-intain publicly dedicated streets. EXH I BITS 1. Letter requesting acceptance. 2. Location Map, 3. 4. Compromi se Letter from Homeowners Association to Developer RECOMMENDATION Council accept public improvements and direct Utilities/Maintenance Directoy to commence street maintenance. * Counci 1 Action: 9-16-80 Council accepted the pub1 ic improvements and directed the Uti1 i ties/Maintenan Dir'ector to commence maintenance. Q Scene of Wesley SanDiego Prei A Division of Pacific Scene, Inc January 28, 1980 .,?. T 9 ^i980 CA 92008 c:_v os; c& $ry;flke& ig D This letter is to request acceptance and release of the Bonds by the City of Carlsbad for the Altamira Heights development. All work has now been completed and we would appreciate your expediting our request. Very truly yours, President WM/kw 2505 Congress Street, San Diego, California 921 10 (714) 299-5100 .. .. . .- --. !??m=Tax%-~y . -.-- -....- - I & 0 Pacific Scene of San Diego A Divlsion of Pacific Scene. Inc. September 4, 1980 I Mr. Virgil L. Luke President Altamira Unit No. 4 Homeowners Association 6750 Paseo del Norte Carlsbad, CA 92008 Re: Your Letter of August 26, 1980. Dear Mr. Luke: I have given your letter to our service warranty manager, Chuck Simon. I believe he has already completed many of the items and should complete the ones that are our respon- sibility within two weeks. I would like to discuss the following items: Item 1, Page 2: Fireplace Flashings - Evidently the flashing installed is doing the intended job of preventing weather penetration. If they are not leaking or causing a problem, I feel it would be foolish to tear them apart to build to a new detail. Item 2, Page 3: Flashing on Pot Shelves - Same as above. Item 3, Page 3: Broken Tiles - After all these years, why are we responsible for these? They most likely were broken after we left the job. Page 3, Paragraph 3: Plaster Crumbling - If the cause is improper flashing, we will fix it. Please advise what units are involved and we will inspect. Page 3, Paragraph 4: Reports to Contractors Board - Please do not delay any longer. We welcome their involvement in any problem solving and will gladly abide by their decision. Page 3, Paragraph 5: Common Area Defects, i.e. Curbs and Sidewalks - No! May I quote the Release agreement. c 3900 Harney Street, San Diego, California 92110 (714) 299-5100 e 0 Mr. Virgil L. Luke Page 2 September 4, 1980 "In consideration of. ... of $35,000 .... the Assoc- iation,.. hereby fully and forever release, quit and discharge Pacific Scene of San Diego ... from any and all liability, claims which it may have ... with any construction defects in the Altamira project which are known as of the date of this release by the Association, its officers, directors ... and in particular those defects alleged in oral and written communication to Pacific Scene" If you care to have copies of all the written communication I have received from you or your attorney regarding sidewalk separation, settlement, cracking, future problems, etc. etc., I will be glad to show you. I have at least a dozen punch lists and letters going into great detail regarding concerns the association had with the sidewalk, present and future. I personally feel the problems are minor and no more future problems will occur that are not common on any other develop- ments. Only time wiIL1 prove me correct in your eyes and meanwhile you received $35,000 cash to do with as you saw fit. Page 3, Paragraph 6: We have and will continue to fix any leaks that occur due to this problem. Page 3, Paragraph 8: We have given you - all the plans we have. No "as built" plans were complete for underground pipes at the clubhou5;e area. Page 3, Paragraph 9: I believe this lot line adjustment has been completed. I will check with Rick Engineering and advise you, Page 3, Paragraph 10:. I'm not sure what attorney's letter you are talking about. Perhaps your attorney has a copy although it's all quite unnecessary because the time limits for any liens has long expired. Page 4, Paragraph 2: I don't know how in the world a plastic liner would get on a slope but if you wish for us to remove it we will. I feel it would be foolish to destroy all the landscaping to do so however. I'm sure that if there hasn't been a problem with the slopes after all these wet years then there won't be in the future. e e Mr. Virgil L. Luke Page 3 September 4, 1980 Of all the items in your letter only two have anything to do with Bond release and I believe upon examination of those two items, one is unwarranted (sidewalk) and one is minor (plastic liner), they do not warrant the Dbjection by the homeowners association of the release of the bonds. I believe you would be hard prcessed to find any other developer in all of San Diego that has had more inspections and walk- thrus by the city, or has tried harder to please and be cooperative. I know of at least five different city inspec- tors who have made several inspections each, most at the request of the association, and, we have completed all those lists - literally hundreds of items. The one we couldn't agree on and the city didn't require us to complete we paid, in lieu of, $35,000 cash just to end the matter, which, it appears now is not ended at all, at least by the association. Sincerely, PACIFIC SCENE OF SAN DIEGO President WM/kw cc: City Manager J Les Evans, City Engineer The Loomis Co. (Ms. Cunniff) All Directors 8 I i >- C '5 COMPROMISE AND GENERAL RELEASE IN CONSIDERATION FOR PACIFIC SCENE OF SAN DIEGO making a cash payment of $35,000.00 to the Board of Directors of the ALTAMIRA UNIT NO. 4 HOMEOWNERS ASSOCIATION, making certain other payments to said Association and undertaking to perform certain repairs and other tasks at the Altamira Development as set forth in the letter of Wes Mudge to George Rogers dated May 9, 1979, the undersigned, the ALTAtYIRA UNIT NO. 4 HOME- OWNERS ASSOCIATION, and on behalf of their members, successors in interest and assigns, hereby fully and forever release, qui and discharge*PACIFIC: SCENE OF SAN DIEGO, and its respective successors in interes't, officers, directors, shareholders, age: employees, assigns, subsidiaries, parent corporations, sister corporations, affiliates, partners and each of them, of and frc any and all liability, claims, demands, actions, causes of act: and rights (contingent, crude, inchoate or otherwise) which it have against any or all of them in connection with any construc tion defects in the Altamira residential project which are knon as of the date of this Release by the Association, its officers directors, members, algents or employees and in particular those defects alleged in oral and written communications to PACIFIC SCENE OF SAN DIEGO, including, but not limited to the following letters: 1. Letter from Terry Singleton dated November 13, 1978, tl San Diego Federal Savings & Loan Association; 2. Letter from Terry Singleton dated November 14, 1978, tc -1- *TREETOPS UNLIMITED, a joint venture of FINANCIAL SCENE and PACIFIC SCENE, INC. diviqinn) ~~coppo~ (of which PACIFIC SCENE OF SAN f)IEGO 1s a 8 8 .+ 2- -7. .< 0 James A. Williams; 3. Letter from Terry Singleton dated November 13, 1978, Marc Sandstrom; 4. Letter from Terry Singleton dated February 2, 1979, t Donald R. Worley; 5. Letter from Terry Singleton dated March 14, 1979, to Donald R. Worley; and 6. Letter from City of Carlsbad (Sam R. Stayer) dated April 25, 1979, to Wes Mudge (and attachments thereto). -2- - The undersigned,, ALTAMIRA UNIT NO. 4 HOMEOWNERS AS SO CIA TI^ shall indemnify PACIFIC SCENE OF SAN DIEGO and their respectiv heirs, executors, administrators, successors-in-interest, of- ficers, directors, shareholders, employees, agents, assigns, s' sidiaries, parent corporations, sister corporations, affiliate: partners and each of them, and shall hold them harmless from ai against any and all liability, loss, claims, demands, actions, causes of action, and rights of and/or by ALTAMIRA UNIT NO. 4 HOMEOWNERS ASSOCIATICIN herein released and discharged, or other wise referred to in paragraph 1, above. It is understood that furnishing of the above-described consideration is not an admission of any liability by any persc firm, association or corporation. -2- L 1 * g 2 .* - ,- I IN WITNESS WHER.EOF, we have executed this Compromise and General Release on - @,/& 22 , 1979, at pw~~ California. PACIFIC SCENE OF SAN DIEGO BY4 4!!??& /yMK ALTAMIRA UNIT NO. 4 HOMEOWNERS ASSOCIATION -_ *- -7 B \&<, or- A' -7 c, + -3-