HomeMy WebLinkAbout1982-05-04; City Council; 6989; ACCEPTANCE OF PUBLIC IMPROVEMENTS ASSOCIATED WITH SDP 77-01 WESTBLUFF PLAZA>
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CITAF CARLSBAD - AGEND~~ILL JC:rni
TITLE: D EP1
CITY ACCEPTANCE OF PUBLIC IEPROVEMEYTS
ASSCC I .ATE D X I T h S DP7 7 - 1
AB# by89
MTG. 5/4/82
DEPT. ENG (WESTBLUFF PLAZA) .I- CITY
;' , ' -4 - RECOMMENDED ACTION: -
Accept Pub1 ic Improvements associated with SDP 77-1, Yestbluff Plaza, authorize staff to relecse bonds, and have UtilitiesIMaintenance to commence maintenance.
ITEM EXPLANATION:
!lo1 a Development Corporation, developers of of 'destbl uff P1 aza has
requested the City to accpet the pub1 ic improvements and excmeration of bonds associated with SDP 77-1.
All concerned City departments have advised no oppostion to acceptance
of improvements.
FISCAL IPIPACT:
City will be required to maintain im?roved Fublic streets. There are no City water lines in this area as it is served by CRklWD.
EXtl IBITS :
A. Letter requesting acceptance
B. Location Map
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MOLA DEVELOPMENT CORPORATION/808 ADAMS AVE. HUNTINGTON BEACH, CALIF 92648 /(714) 536-254
6994 EL CAMINO REAL SUITE 211, CARLSBAD, CA 92008/(714) 438-11:
r
April 22, 1982
Clyde Wickham Assistant City Engineer
CITY OF CAR.LSBAD
1200 Elm Avenue
Carlsbad, CA 92008
Re: Bond Release for CT-77-8, SDP77-1
Dear Clyde:
This letter is to request the bond release for West Bluff Plaz
and the West Bluff Hills Condominiums. It is our understandin
that all punch list items from your departments have been com-
pleted.
Please advise us if there are any problems or if any additiona information is needed.
Sincerely,
MOLA DEVELOPMENT CORPORATION
-->L. -- -
,--I -6- -- .- -.---t - A;_ L--L
Chris Christie
Project Manager
CC/cak
EXHIBIT "A"
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TO: c;-/+ c(t:/k OFFICE:
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0 Los kngebs, mii<Grnia 90057
SURETY BOND ENDORSEMENT
4 *- S85 &rcndek?2 3.
Bond No._-_-8SM-.i~.0.-35-~------. 0 (213) 383-2133
To be attached to and form a part of _________.__. ~!!~P-R~?3!dEHT---- _____________ __ __
issued by the undersigned Company, as Surety, on behalf of_.MnT,B.DEYUE~CW-~o~ -
_____...._.._.__..._____________________~-~-~-----~~--------~---------_--~~~--~~--~~--_------_---______- as Principal, and in
? as
Effective __._____ !!ol!%BER---l.f?th --.-----------------, 19--7& ---, the Principal and the Surety hereby agree to a1
attached Bond as follows:
CITY OF CARLSBAD ___________.________---------~---.-------------------------.------~-------------------.-------------------------~-
..
THE AMOUNT OF THIS BOND SHALL BE REDUCED:
I FAITHFUL PERFORMANCE FROM: ONE HUNDRED FIFTY SEVEN THOUSAND FIVE HUNDRED AND
z TO: ONE HUNDRED TWO THOUSAND FIVE HUhQRED AND N0/100 DOLLARS ( $15 7,500.0 0 )
($102,500.00)
LABOR 6 MATERIALS FROM: SEVENTY EIGHT THOUSANI SEVEN HUNDRED FIFTY AND NO
DOLLARS ( $7 8,7 50.00 )
FIFTY ONE THOUSAND TWO HUNDRED FIFTY ANI) NO/100 D
($51,250.00).
-TO :
Provided that the liability under this endorsement shall be part of, and not in addition to, the liabili
( the attached bond, and in no event cumulative.
Nothing herein contained shall vary, alter or extend any of thf provisions, conditions, or other term: r bond except as above stated.
Signed, sealed and dated this ______ 1-6t-b ___________. day of _______ JAULJ.%L _____________ -.-.--, 19-12 -..__..
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MOLA DEVE LOPNENT C ORPORAT I ON ...............................................................................................
Name of Principal ,. !, ,I ! )I ,.
,, .. By ....................................................................................... Title
_~~ER.ICAN_.~OT.OR.I~ST~~~~~S.~~4~~- , s rety Lx
/'.
/- ACCEPTED : f;r. ---------- By.+;. ..____ . .................................. JAChU NE RHODES, At tome
P, ____-.---- q(/y-- - P- Endorsement So :-.----. 1
CITY OF CARLSBAD _~_....._.__....._..___.._____._______..._.__.__._._....____...----.------------------------- Name of Obligee
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FK 51.X 1-70 10M ---
:
$ known to me to be the person whosr name IS subscribed tc
within Instrument as the Attorney ir,-fact of AMCHICAN
MOTORISTS 1 NSURANCE COMPANY, and ack:Yowledge
me that he subscribed the narne of wid Company ‘hereto i
Surety, and his own iii3tnc as Attor n:.y in Fact. 9
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S'i'flTx LTC - <Ff
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Mr. Tim Flana~gzir:
City ii!~.gineer
Citj7 of Carl-sbad
12 0 0 13;l.m nve11ue
ca.ri-si2;ici i cn 92009
Re : 1:':iZe ~73/:Lir~prGVen!e::-i;. Pond Re;ii;'uc;tion
DC-3.1; 14:r L Flamgaj.: :
Eficl.or,~d kierewj ti-: plza se f3.nd S:;i--et.y Eond cn.dcJ:scmzn% .that ^. 1 recj.mci:cd he 2:~. 6. b7j7th 'khe city ]:)>I t'l-]c ?3Ql-ld-i;>g COmPL,
ThZy E-~;;.vc z.~k~d tli2.k Y:>U sign ~26. returli to the]>-. the pilclosec!
XILLL-.
cor);; f~?: ~11ci.r records o Ti 1.1-is11k YOU For your ;It..-ient_iLon in -this
9 .I.. .I.. ~ , j . ,
P e f. e r E E vc) rl 1;: . - .I -i- ... p . -,. > 1
GmFr;zl- Coun sei.
P E;\7lz /jYi-[;
Enc :tc six: (2
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MEMORANDUM
TO : City Clerk
FROM: Engineering
DAT E : January 10, 1979
SUBJECT: CT77-8 AND SDP77-1 BONDS AND AGREEMENTS FOR MOLA DEVELOPMENT
We have recently beep infprmed we have mistakenly "double bonded" with Mo
Development for a traffic signal and interconnect at the intersection of
Dove Lane and El Camino Real, once as part of a bond lor all the street
improvements required for CT77-8 and secondly as a separate bond far the
installation of a traffic signal required for Phase If of SDP77-1.
The developer is aware of the error and asks that we eliminate or reduce
of the bonds in order to lower the premium and free the property held as
security for the bonds by the insurance company.
bonding for the traffic signal is by separate bonds and agreement; there-
fore, it would seem the most reasonable manner to resolve the problem is
the City Engineer to write a letter to the bonding company (with copies g
ing to you and to the developer) authorizing them to reduce the street iw
provement bonds for CT77-8 by the amount double bonded.
As the estimate for the traffic signal was $50,000 with 10% or $5,000 al-
lowed for engineering and contingencies, the amount the bonds should be I
duced is as follows: Reducc
Reduction Bond Am(
The correct method of
..__---___-__- Bonded Amount Bond No. -_
Faithful
Perf o rmance 85M 550 354 $1 57,500 $55,800 $102,
Materia 1 s 85M 550 354 $ 78,750 $27,500 $ 51,
Labor and
I believe the solution I have presented will adequately resolve the dile
without compromising the City's interest. rf you feeT differently, plea
contact me and we will discuss alternate methods of solving the problem.
QJ fi.+&.-
David A. Hauser
Civil Engineering Associate '6
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DAH: VEB &A+ JL.t!Lb
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9. e *
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+v. January IO, 1929 ,.
btort sts Insurance -ca* ,
Long Grove, tu, 60049 c/o Patru. Vors Elasrn Hola Fm9dkVel-t 417 kin SfPa!Mft eh, CA 92848
AtWtlont A, F, bark^^ at:;@ da~;q~~I$fi'a~? h,h~
Subjwt: bta Deva1upm~nt bad bsatctirxi
tamton the we arj~stakenifp re
double bn$lng frerair PtQIo B~el~p~nt For a traFP?c signal and Dntei
Ak the requc connscl at the tntarcsecflon of Dove taae and El G+mfnc3 Real.
Fa t ah f u 1
I_ S157,PGQ , $low
$ 5t,2
a%% to- mcg at fh Clt
Tias Ftanagan
city Engineer
1Gf:DAHz'IEB
tC: City L_/ Clerk
TO : Citv Cle rk
F ROX : Ensrineering. Depafknent.
- and CT 77-8 SUBJECT: &BP+??? -
Bonds and Agreements .
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OFFICE :
BATE : October 23, 1.97
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I, Yntes-Office Correspondence
OFFICE: I. - TO: --LLD Cl.erl i
FROM: v . mtneerTnx. ~)cpa&ent
SUBJECT: SDP 77-1 and CZ-XJ-8 DATE r Octobpr 23, 197f
Bonds and Agreements .
IjXSSAGE :: PLEASE PROCESS T€IE ATTACHED BONDS AND AG3lEEPENTS
1. Public Inprovement Agreement for SDP 77-& Phases I and I11 ($166,500)
2. Faithful Performance Bond SDP 77-1 Phases I and 111 ($166;500)
3, Trabor and Materials Bond SDP 77-1 Phases I and 111 ($83,200)
4. Subd?vision Improvement Agreement CT 77-8 ($157,500) ($25,000)
5. Monkmentation Bond CT 77-8 ($2,500)
6. Faithful Perforrnance Bond CT 77-8 ($157,500)
1: Labor 6 Materials Bond CT 77-8 ($78,75Q)g
8. Yuhlic Improvement Agreement for SDP 77-1 for Traffic Signal.at Dove Lane Er ECR (
9. Faithful Performance Bond SLIP 77-1 ($55,000)
10. Labor 6' Materials Bond SDP 77-1 ($27,500)'
lI,.-Secured AgGeement for Traffric Signal at Alga Road and'El Camino Real ($15,000)
12. faithful Performance Bond. SDP 77-1 ($15,000)
13. Labo; & Xaterials Bond SDP 77-1 ($7,500)
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P*ttackr\?ents 2 xxx Reply rsquestcd:
Signature:
1__- -. Civil Eng Lnce
IIZPLY :
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12CO ELM AVENUE TELl
CARLSBAD, CALlFO?N'A 92008 (71 4)
Office of the C~ty Clerk
Citp of CarI6'bakr
August 1, 1983
A1 Barker Bonds
685 Carondelet St.
Los Anqeles, CA 90057
Re: Bond Release - SDP 77-1
Per instructions from our Engineering Department,
we are releasing the following bond:
Faithful Performance Bond; American
Hotcrists Insurance Company Bond
No. ESP1 550 356
f. IX you haire a.ny questions rscjardinc; tnis mtter,
please don't hesitate to contact this sfzici..
!{&w </ d&p I " ,l 2
KAS1EN R. XWPjDTZ Deputy City Clerk
Enc ..
cc: Nola Cevelopment
838 Adams St.
Hilritington Beach, CA 92648
_________~ ~~ ~ _____~-~ - __ ___
AM
TO Engineering (Sddrar DATE 7-26 19 PM
~
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Karen
e 0
il I 7 11
‘1 WRITE BF-DtIN’T SAY IT INTER-DEPARTMENT MEMORANDUM i ;I 1 I
AM
TO Engineering (Clyde) DATE 7-26 19 PM
I I i
It
// Re: SDP 77-1 Bonds - ?Ic?l;l
/I I’
I 25% of the Faithful Perfc-mice Ij0r-d for the above re&xenc& 1, m recor& inficate tihat it is tie to release the rerpaining I!
pra ject .
x? xsed your qwrwzl to release sans.
ma&.
Please advise.
i’ Karen
I’ I
t
REPLY ON THIS SHEET FROM
. ___ ~- - ______ ~______________ - _._____ ~ _____ ____~~ ___~~
5 -<‘E C”E . M:MO F00M l1--2$--PL1
a a
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1200 ELM AVENUE TEL
CARLSBAD, CALIFORNIA 92008 (714
Office of the City Clerk
aitp of CarIs’bab
January 25, 1983
A1 Barker Bonds
685 Carondelet St.
Los Angeles, CA 90057
Re: Bond Release SDP 77-1
Per instructions fror our Engineering Department, we
are releasing the following bond:
Labor & Katerials Bond; American
Motorists Insurance Company Bond
No. 8SFI 550 356, in the amount of $83,200.00
If you have any questions regarding this matter, plea:
do not hesitate to contact this office.
K LAL&L &N R. ADP5 %”
Deputy City Clerk
Enc.
cc : Mola Development
808 Adams St.
Huntington Beach, CA 92648
4 e c:L'L3y UL' C.+i<L*Sl:.!qj
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__l_l__ -I__ ~1_-.------_ - -.I- -.---.__ I_.._._____x _-_ ._.__,_ .--
I I_.__ - -.--.---. -..~.--.~-_._.___I_ .___ ~-. ~____ -..- _.-- .--I-- ~ -I._- - -
CITY CLERK i 1 0 E'] :'::-ct:> <."L.i: Current Developm
Eng inee r ing
---___ -_____ -.-.--.....- -- ... . ..I.....__ -... I.. .__.__-__ -.-~... --_-___.__. .,. . . .
TO :
&'K3&: :
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i -___-_. _- --_ ---. --..-.. _--..--. .____.____
JANUARY 25, 1985 -1 -1__- _-_. BOhQ RELEASE SDP-77-1 -._,_..-..-."--_I_^.-.--_ SUEJECT :
_________ -----_---_-
I - - - -.. ... -.-.-I------.
t -I_- -I-.. --._.___I --- ^-----.-_- I
NESSAZE : The Engineering Department has no objections to the release of the remaining bonds for SDP-77-1 ,--. P\ .T ~
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x--__l---- _--I- --_-- - ..-.. -.-. -- -- ----. . -- i~e~-,;3.y n rrsqiested : ---..-" .._. .- - At t a c h !-,I e n t. s e
Signature : ;\,~,,i
----_-.
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-___.,I__ -.II_- -
_______l__ll
--__---.-_ -____._. -..- . _--. __.I.._I__.
--I----- ----..--I._ .-_.. ~ ~._._I______I____
REPLY :
L_ ____ ~--- - I)a-:e : Siynatu~:: : -- ___
__I---. _I -__-I_ __--- ~-- --------. l___ll -II_.. .- - I.--
__-I______
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1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Offjce of the C~ty Clerk
CiQ Gt tLwr'l$bab
September 23, 1982
Al Barker Bonds
685 Carondelet St,
Los Angeles, CA 90057
Re: Bond Release SDP 7'7-1
The Notice of Completion for the above referenced
project recorded on July 22, 1982, Therefore, we are
releasing 75% of the Faithful Performance Bond, American Kotorists Bond No. 8 SM 550356, This letter will serve as your notification that $124,875 of the
$166,500 bond is hereby released, We are required to
retain the remaining 25% for a period of one year.
At that tirasp if no claims have been filed, it will
be released.
The Labor & Materials Bond, in the amount of $83,250, will be released six months from the date sf recordatio
of the Notice of Completion,
If yoz have any questions regarding this matter, please
do not hesitate to contact this office,
K y-7- N 3. STEWNS
Depukl; City Clerk
cc: EIo3.a Development
808 Adams St,
Huntington Beach, CA 92648
CITY QF CARLSBAB p II,
INTER-OFFICE CORRESPONDENCE
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TO: City Clerk
FROM: I Engi rieeri rig OFFICE: CURRENT DEVELOPME
91 1 3/82
----"-------- ----
-1_1__ _I_.
SUBJECT: - BOND RELEASE CT fDP577-1 DATE :
---- -I
I,
MESSAGE: Please release the following Bonds OE file fn your office Far subject 5
Insurant Bond No. Amount Dat ee
Fai thfu7 Performance Bond "' 8SM550356 $166,500- 9/15/78 American Mot
Labor & Materials Band (2) $ 83,250
EPfcc=t7i ve
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II II II
P, /-/ VoiE:, TuesE QONDS MPIN THE FILE FoR,,~<jp/'
L' i i ' I
L, .
_l_l- --I_ _-_--- --
T75% of Bond to be released after recordation cf Notice sf Completion. 25% sf Bond to be retained for one year after recordation of Nct-ice of Ci?.fiFletisi
'*)100% of Bcnd to be retained for 6 rnofiths after recordation of R?-?ice of honpletji
(Warranty Bond). Finaf inspection requsreci for Bond release,
'Please mail a CQPJ' of the letter of release to: MC)LA DEVELOPMENT
808 Adams Street Huntington Beach CA 92648
Attn: Chris Christie
_______II_ -. ~ -ra _I--I _-
II - ------ Signature : Attachments: Reply Requested:
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REPLY:
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DATE : SIGNATURE:
YROM z En ninee r ing Dep a&en t
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SCpT-&-n, Be& /?, /"?7 y
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DATE OF P,GT!EEf.EENT:
NAME OF ;DE\d!-.LO?F!ENT:. mla Develop&t (SDP 77-1 Phase I & 111)
NAME OF DEVELOPER: Wla Developmt Cow., a California Corporation
BUILDING FEREIIT PLAI\I CHECK N9.: 77-476 & 77-655 I
LOCATION: Northeast corner of El Carmno Real and Alqa mad
ESTIIViTED TOTAL COST SF IN?ROVEMEPITS : $166,500.00
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- TIME LIMIT FOR COPlPLETlON @F It~~iPROVEME!~TS: 12 mnths
IMPRGVEMENT DRAMINGS NO. : 189- 1
SURETY AND BOND NO.: -
This agreement is made and entered into by and between the CITY 0
CaliForn,ia, a Municipal Corporztion cf the State cf California, herein
referred to as CITY; and the Ceveloper nained on Line 3 of Page 1 hereo
after. referred to as DEVELOPER.
RECJTALS .
WHE:KEAS, De\tel Gpcr h;s presented to City for approval and i ssuziic
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1 WEREAS, the Code provides that before the Building Perniit is apl
1 issued by the City, Developer must have complied with the requirement
Code and must have either installed and completed all of the public i:
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I and lar?d development work required by the Code, or as an alterwtive
that Developer shall enter into an agreement with City, secured by an
improvement securjty to insure the performance of the work pursuant t
qujrenients of the Code, agreeing at its own expense to install and co
,/ free of: liens, di of the public improvements and land development lrio
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period of- time ds statezl on Line 7 of Page 1 hereof; and
WHEREAS, Developer, -in consideration of the approval and issuance
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' Building Permit by City, desires to enter into this agreement wherein
provided that Developer will install and complete at its own expense,
improvmnt work required in connection with the proposed develcpnient
deliver to City an improvement security as approved by the City Attorn
WHEREAS, complete plans and specifications for the construction,
lation and completion of the public improvement work have been prepare
approved by the City Engineer, as shown on the drawings listed on Line
Page 1 hereof which have been filed in the office of the City Engineer
incorporated by reference herein and made a part hereof; and
WHEREAS, an estimate of the cost of constructing the public inipro
and necessary land development work in connection therewith accordillg
'I t)-li;ns arid specifications has been r: :=. azd has been approved by C;ty E
an amount stated on Line 6 of Page 1 hereof, which estimate is attachc
lrnavked Exhibit A and made a part hereof;
NOV, THEREFORE, in consideration of the apProval and issuance of
18 X? I Permit by City, and other valuable consideration, Developer and City i!
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1. Developer shall:
(a) Comply with all the requirements of said Bgilding Permil
amendments thereto and with the provisions of the Code.
Complete at its own expense, in accord with the plans ar
cations and to the satisfaction and approval of the Cit:
all of the public improvement and land development work
in and adjoining the development.
Furnish the necessary materials therefor, in conformity
plans and specifications on file in the office of the C
(b)
(c)
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(d) Notify City Engineer in writing at least fifteen days pr
coinmencement of the work hereunder so that City Engineer
able to provide services of inspection.
Complete the improvements under this' contract on or befo
time limit stated on Line 7 of Page 1 hereof.
Install temporary street name signs if permanent street
have not been installed.
(e)
(f)
2. If any of the public improvement and land development work co
by this agreement is to be constructed or installed on land not owned
Developer, no construction or installation shall be comenced prior to
cation and acceptance by City of appropriate easements.
3. The City Engineer cr his duly authorized representative, upon
of Developer, shall inspect at Developer's expense, the improvements h
agreea to be constructed and installed by Developer, and if deterr!if;xu
accordance with applicable City standards and the terms of this agreen
recommend the acceptance of such improvements by City. Developer shal
times maintain proper facilities, and provide safe access for inspecti
to all parts of the work, and to the shops wherein the work is in prer
4. Developer shall furnish to City good and sufficient security
approved by City, in the amount of 100% of the estimated cost of said
ments as stated on Line 6 of Page 1 hereof, to assure faithful perforr
this agreement in regards to said improvements,. and in the additional
50% of said amount for securing payment to contractor, his subcontracl
persons recting equipment or furnishing labor or materials to them 501
provexents required to be constructed or installed hereby, and in the
amount of 25% of said amount to guarantee or warranty the work dcne pi
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this agreement for a period of on2 year following acceptance thereof I
against any defective work or labor done or defective materials furr,i(
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securities required by this agreement shall be filed with the City Cle
so flied, shai! be i.ticorporated by reference herein.
5. Any changes, alterations or additions to the improvement plan
specifica.tions or to the improvements, not exceeding 10% of the origin
mated cost of the improvement, which a.re mutually agreed upon by City
Developer, shall not relieve the improvement security given for faithf
formance of the improvemznt.
exceed 10% of the original estimated cost of the improvement, Develope
proifride improvement security for faithful performance as required in P
of this agreement for 10@% of the total estimated cost of the improveri
changed, altered, or amended, minus any completed partial releases ttx
allowed by Paragraph 6 of this agreement.
In the event such changes, alterations,
6. The securities required by this agreement shall be released a
I-! 1 Security given for fa't!-if;il performance of an> c:ct nr LC
shall be released upon the final completion and acceptar
act Oi- work, subject tG the provisions of Subsection (2)
The City Engineer may release a portion of the security (2) I 18 junctior! with the acceptance of the performance of the ?
21 of the total improvement security given for faithful pel :: I
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of the act or work: and provided that no such release SI
an amount less than Ten Thousand Dollars ($10,000). In
the security shall not be reduced to an amount less tha;
the total improvement security given for faithful perfo
until final completion and acceptance of the act or wor
event shall the City Engineer authorize a release of th
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that required to guarantee the completion of the act or
my ether obligation imposed by the Code or this agreeme
Security given to secure payment to the contractor, his
contractors and to persons furnishing labor, materials o
shall, six months after the completion and acceptance of
work, be reduced to an amount equal to the amount of all
therefor filed and of which notice has been given to the
lative body, plus an amount reasonably determined by th
Engineer to be required to assure the performance of any
(3)
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ob1 i gati ons secured thereby. The balance of the securi t
released upon the settlement of all such claims and obli
which the security was given.
No security given for the parantee or warranty of work
released until the expiration of the period thereof ariu
claims filed during said period huv2 been settled.
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(4)
I 7, Developer shall replace or have replaced, repair or have rep2
the case may be, or pay to the owner, the entire cost of replacement o
of any and all property damaged or destroyed by reason of any work don
lwhether such property be owned by the United States or any agency ther
State of California, or any agency or political subdivision thereof, o
City or by any public or private corporation, or by any person whomsoe
any combination of such owners. Any such repair or replacement shall I
satisfaction, and subject to the approval, of the City Engineer.
8. Devcloper shall, at Developer’s expense, obtain all necessary
and licenses for the construction of such improvements, give all neces
notices, and pay a1 1 fees and taxes required by law.
9. In the event that Oeveloper fails to perform any obligation h
Developer authorizes City to perform such obligation twenty days aftcr
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writixn notjce of default to Developer dnd to Deve?oper's Surety, and
p;y the entire cost of such performance by City.
The SUIIIS provided by the improvement security may be used by City
completion of the public improvements required as a condition of appro
issuance of Building Permit in accordance with specifications containe
City may take over the work and prosecute the same to completion,
contract or by any other method City inay deem advisable, Tor the accou
the expense of Developer, and Developer's Surety shall be liable to Ci
excess cost or damages occasioned City thereby; and, in such event, Ci
out liability for so doing, may take possession of, and utilize in con
work, such materials, appliances,
Developer as may be on the site of the work and necessary therefor.
plant and other property belonging
10. In the event that Developer fails to perform any obligation
Developer aqrees to pay all costs and expenses incurred by 7i:y ill sec
formance of such obligations, including costs of suit and reasonable a
fees.
11. Developer shall guarantee or warranty the work done pursuant
agreement for a period of one year after final ;cceptance of said work
any defective work or labor done or defective materials fui-nished. If
said period any structure or part of any structure furnished andlor ir
constructed, or caused to be installed or constructed by Developer, or
work dofie under this agreement, fails to fulfill any of the requiremer
agreement or the plans and specifications referred to herein, Develope
without delay and without any cost to City, repair or replace or recar
defective or otherwise unsatisfactory part or parts of the work or str
Should Developer fail to act promptly or in accordance with this requi
Developer hereby authorizes City, at City's option, to perform the woir
days after mailing written notice of default to Developer and agrees t
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cost of such work by City.
replacements to be made before Developer can be notified, City may, at
make the necessary repairs or replacements or perform the necessary wo
Developer shall pay to City the cost of stich repairs.
Should the exigencies of the case require
i2. Neither Developer nor any of Developer's agents or contractc
shall be considered to be agents of City in connection with the perfor
Developer's obligations under this agreement.
13. Hothing contained in this agreement shall preclude City fron
monies pursuant to agreements concurrently or previously executed beh
parties, or from entering into agreements with developers for the apnc
of costs of water and sewer mains pursuant to the prcvisicns of the Ca
Mun-icipal Code providing therefor, nor shall anything herein stclted cc
to any such apportionment.
I 14. Cn'cil such tixe as all impl*o!!eiiiZr;ts required by this agreemc
fully ccmpleted and accepted by City, Developer will be responsible fc
maintenance of and any damage to such improvements. Deveiopzr shall 5
and adequate warning to the travelin? public of each aEd every dangerc
dition existent in said improvements, and will protect the traveling [
such defective or dangerous conditions. The Developer hereby agrees 1
such inspection of such improvements as may be required by the City Er
the City.
15. Upon acceptance of the work on behalf of City and mailing 01
Notice of Completion to Developer, ownership of the improvements cons
pursuant to this agreement shall vest in Ci'ty.
16. Acceptance of the work on behalf of City shall be made by ti
Such acceptance shall not constitute a waiver of defects b:
17. ljeveloper hereby binds itself, its executors, administrator!
assigns, and agrees to indemnify and hold City harmless from any loss(
Engineer.
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demands, actions, or caus2s of action of any iiature whatsoever, arisir
or in any way cmnected !cl”th the improvements agreed to be conctructec
stalled hereunder by Developer, including costs of suit and reasonablt
fees for 3 period of one year following the accleptance of said improvt
City.
18. City shall not, nor shall any officer or employee thereof,
or responsible for any accident, loss or damage happening or occurrinc
work or improvements specified in this agreement prior to the complet-
acceptance of same, nor shall said City, nor any offjcer or employee i
liable for any persons or property injured by reason of said work or i
ments, but all of said liabilities shall be assumed by Developer.
19. Sale or other disposition of this property will not reljeve
from the obligations set forth herein.
-- 23. Time is of the essence of th-is agreement. Develcper stla! I c
substantial construrtion of the improvements and shall diligently pur5
struction of the improvements to insure completion within the time lir:
on Line 6 of Page 1 hereof. Provided that in the event good cause is
therefor, the City Engineer may extend the time for completion of the
rnents hereunder. Any such extension may be granted without notice to
Surety and shall in no way affect the validity of this agreement or re
Surety or Sureties on any bond given for the faithful performance of t
ment. The City Engineer shall be the sole and final judge as to whett-
good cause has been shown to entitle Developer to an extension. As a
of such extensions the City Engineer may require Developer to furnish
security guaranteeing performance of the agreement as extended in an i
amount as necessary to compensate for any increase in construction co:
determined by the City Engineer.
The time limit stated on Line 6 of Page 1 hereof or any extens’or
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not wi 'Lhstaridirrg, no oroi:pancjr perinit, temporary 91 pi>rm;:nent, shall bt
for any :trwture ccr:s;.\ iJr,ted pwsuarit to said Fjuilitiny Permit until tl
ments required by this agreement are completed io the sat-isfaction of
IN WITNESS NYEREOF, this agreement is executed by the City of Car
acting by and through its City Eanager, pursuant to Section 18.40.060 (
Carlsbad Municipal Code authorizing such execution, and by Developer.
19 7k. DATED this /'? day of 5<~7-*4p4~ , H
f
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CARLSBfiO, a Municipal Ci ::,2qat;?: 2 California
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STATE OF CALIFOR!4IA )
COUNTY OF SAN DIEGO )
On this -___ 25th (lay of , in the year 1978, before me the jsigned, a 3otary Public in and for said State, personally appeared Pau 'B~~ssey., known to we t.o be the City lYlanager of the City of Cdrlsbad, a corporation of the State of California, known to me to be the person w the within instruinent on behalf of said municipal corpo
/to me that such City of Carlsbad, California, executed
WITNESS my hand and official seal.
$m BUS-? ty Manager
) ss.
& &
a.R. NftW.)
I _I* F /
4
APPROVED AS TO FORM:
VINCENT F. BIONDO, JI?. , City Attorney
(Notarial acknowledgement of execution of Developers and Owners must b
I
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I STATE OF CALIFORNIA
2 COUNTY OF Orange I 2 On September 19, 1978 before me,
the undersigned, a Notary Public in and for !said County and State,
( ss.
pcrsona~y appeared Frank J . Mola --- OFFICIAL StHL known to me to be the President, and
PeLe r E. VOn Elten -,known tometobe IJARY R. TIMBEilLdKE NOLAIIY PUBLIC - CAL8tw)zrnJ.J
ORANGE COUNTY
Secretary of the corporation that executed the PRlNCiPki- OFFlCE IN within Instrument, and acknowledged to me that such corporation
executed the within instrument pursuant to its by-laws or a resolu- My Cmoissin Erpires My 22, 1920 lion of its board of directors.
Lry R- Ti&crla-p+
Name (Typed or Printed)
Notary Public in and for said County and State 1-1 18 (This area for official notarial seal)
EXHIBIT A e 0 7@bert c&irL,WilliamTiG2Q,~ssocial.es
CIVIL ENGINEERS & LAND WYORS
e e c
T@efi %eiq,WIliamT~~~~h
CIVIL EHCIN ERS & LAW SUPYEYORS
,I; 774 SHEETNO.
?ik?I c
5Y DAEWUJEC'PSDF 7 7 1 r
Mo/a &Isbad
0 0 c
'iJ@befi%iq,WIIiam?;i2rst~~ssocia~
CIVIL ENGINEERS &, LAW SUlVEYORS
sH€ErNoL BY I- LAJ DAW 7/6/78 SUBJECT MOU LAfGt,RD
I 1 1 6, I
1- ~-
I i
j's62 y-w 9 * 5 L
t3ECORDINQ: REOURTED ffy
R&GI\ 907 I
Fj?iGmLLmG &itt of Carlsbab
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 -- __
TO ~11 l.3bor-rs and ?/I3tez-ial >fen an6 tn Xvcq Cther P~TSOII Interested:
YOT! ~L'TT,~, PLZASE ';:A? Y3';ICE ~hs: 01: --~- May 4, 1982 --I--
the Engineering projsct consisting ;f ---- =€%=??-8fA) -- SDP 77-1
Notice of completion to be re-recorded as crigiRa1 dccurnent for recording ____ __l_l__l_l________ __l__l__ __^I- __ -______--- __ ----- --- -
--- ~-~RwI': +--._ ^_. ly ..---- ~ho:e3~~jxt_-e-[~g cprykt~,d-~s- CTJ-8.(AC) !-,,-*lL- Sh0.g) d haye
-_rea LSDp_- UzL ____-__ - __ ___ - - __ _____ .-- ___ ___ _- _- .-_.--
01; mi&. Mola Development
was the contractor, and ------_I_ American ____I-_______- Motorists Insurance - Companv
was the s::rety, was complct-?d.
I
----- -__- l_-___l_l_l_
CITY or CAYiSf;ili;' 82-224SW - -,
i ,!
RERECOR<DED
is
Jtfl. 22 ."l*: 9. 52 city X,n=ineer
i 1.- _I)
#dO FEE
VXBIFICATIOT @F CIlY C:.TIR:<
______I_-_- * -
I, the undersiSne2, say:
T. am titi. City Clerk c7i thz City OF CarlsZ??~!: rile Crq ::,milLLi of .- sEjd r-: accepr-.,2 i::< V" :;=st. r::;:-2 :-2r;: 2s
~~mi>ie~<ci ~IIC c:L4cie;r ;;&L'L 2 IltrEce cf r io+ion LP f13eSi.
-- "At~ cil Kay 4, 1982 ,.
1 declare under penaluy of perjury that the ior'cgcring Is true and
correct.
o
Executed on fU-2 15 9 h at Carishaci, Cn1iforni.a.
_I--- (LLLLsL. k .6?-4-~ * '?) l5r 3 -
-__A diLZJ~y~ _---
f CI'iY 01: CI1RLC3ilD .
City C!.:irk
0 0
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OfflCc? Of [he c!fy Clerk
Citp of Carl[s'bab
June 29, 1982
Vera L. Lyle
County Recorder
P.O. Box 1750
San Diego, CA 92112
DIX to an error on the enclosed document, which was
recorded as your Document No. 82-172858, Page 110. 748,
it is necessary that the document be re-recorded as c:irrec.ced :
NotFce of Completion
SDP 77-1; Mola Development
Thank you For your assistance in this matter.
st:sif has detersnine6 that the recordation of this
document is of benefit to the City; therefore, it is
reqested that the fees be waived.
cL*J'
I!eput,y Ci?y Clerk
:rys /
'Our
c
./ {YYU -7) &if&/ yJIPJ:L< 5.. dE'JENS
7- E~IIC .
3'45 r-v- rn
..
'. ,1,kI,OXPDIMG REQUES 1 tu flr
fie'tmn Tu: ISr---
* I KOT'TCL. 07 CO;XET~DN lnqh I
jY- &j/ - 7 /,;I IC- .. Gitp af ~~~~~~~~ EP?GINEERXYG .
1200 ELM AVENilE CARLSBAD, CALliORrIlA 92008 -
TG All Laborers and Material Xen and tcr Every Other Yersor: Interested:
YOli WII,I, PLEASE TAKE SOTICE tha: 0:; May 4, 1982
the Engiaeming project consis tidg ~f =€%=7?=8fAf .SDP 77-1 - --_- .. - -- --
- --- -- __-i_____--
-___A-II- --__-- .. -_--
- on which ___ Mol a Devel opmen .- t
was the contractor, and _- American Motorists Insurance Companv
was the si:rE:cy, was con:ple'ied.
CITY OF CAXLSEf3
*. .Ud j * iGiiL-~.. __
City Engineer
,.
- YEXIFICATIOT - OF CITY - CLERK
1, ?ne undersigned, say:
Citv Clerk of the, City oE.Carlsbad; the City Cour,cil of
saf-j city oil Ivhy 4, 1952 accepted the above Zescribed work c?
~o!i!;:.~p';e:ci lii1.2 ~L.Ji.l.~d t;-,z: & :;e:i~n cf cn!?:.-:>le?.i on be fil.ed.
_I__-
. I deckire uiidcr perialcy of perjury that the forcgoing is true and
correct I -
Exec!utcd on 2 :)i LA cy 9 /j J 4 at Carlsbai'l, California.
/ i/' .
. c;*rr OF CP,RLSCAD
.. --_ d4.JLZLdflaz --~
City Cl.Prk