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HomeMy WebLinkAbout1982-05-04; City Council; 6989; ACCEPTANCE OF PUBLIC IMPROVEMENTS ASSOCIATED WITH SDP 77-01 WESTBLUFF PLAZA> 5 > 0 ix a a- 4 .. 2 0 F 0 a 4 0 z 2 0 0 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 i 0 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" STA \J i I --- ----l----.L. --: --L?v?Tz'= I - TO: c;-/+ c(t:/k OFFICE: 9/? i' /t I' - 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 -..__.. :' > \ '.\ \ ..>,,' .% 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 ..- 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 4.- a- --_,--.".-- _- - - -....__ . __ S'i'flTx LTC - <Ff 5 4 I Jznuaq 1-7 I 1-979 ,! rq$ i p si 1 i\ \Y . ..: 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 v * 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 ..-- 3- DAH: VEB &A+ JL.t!Lb p 1- // 9. e * *. +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 . - OFFICE : BATE : October 23, 1.97 .* * 0 -7. 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 ($7,500) - 0 .- - -P I- .* 0 .* * . - - flmyns P*ttackr\?ents 2 xxx Reply rsquestcd: Signature: 1__- -. Civil Eng Lnce IIZPLY : - -P--- .t A* c ,*s-."/- 7r il -7---A&o &r -4 -7- P . .a/ 7-CP 0 tw I, ,' S h .. 0 a c * 12CO ELM AVENUE TELl CARLSBAD, CALlFO?N'A 92008 (71 4) Office of the C~ty Clerk Citp of CarI6'bakr August 1, 1983 A1 Barker Bonds 685 Carondelet St. Los Anqeles, CA 90057 Re: Bond Release - SDP 77-1 Per instructions from our Engineering Department, we are releasing the following bond: Faithful Performance Bond; American Hotcrists Insurance Company Bond No. ESP1 550 356 f. IX you haire a.ny questions rscjardinc; tnis mtter, please don't hesitate to contact this sfzici.. !{&w </ d&p I " ,l 2 KAS1EN R. XWPjDTZ Deputy City Clerk Enc .. cc: Nola Cevelopment 838 Adams St. Hilritington Beach, CA 92648 _________~ ~~ ~ _____~-~ - __ ___ AM TO Engineering (Sddrar DATE 7-26 19 PM ~ I Karen e 0 il I 7 11 ‘1 WRITE BF-DtIN’T SAY IT INTER-DEPARTMENT MEMORANDUM i ;I 1 I AM TO Engineering (Clyde) DATE 7-26 19 PM I I i It // Re: SDP 77-1 Bonds - ?Ic?l;l /I I’ I 25% of the Faithful Perfc-mice Ij0r-d for the above re&xenc& 1, m recor& inficate tihat it is tie to release the rerpaining I! pra ject . x? xsed your qwrwzl to release sans. ma&. Please advise. i’ Karen I’ I t REPLY ON THIS SHEET FROM . ___ ~- - ______ ~______________ - _._____ ~ _____ ____~~ ___~~ 5 -<‘E C”E . M:MO F00M l1--2$--PL1 a a + 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 $83,200.00 If you have any questions regarding this matter, plea: do not hesitate to contact this office. K LAL&L &N R. ADP5 %” Deputy City Clerk Enc. cc : Mola Development 808 Adams St. Huntington Beach, CA 92648 4 e c:L'L3y UL' C.+i<L*Sl:.!qj e 9 I ni: er - 3 f ,: j. c: s ,c 2SpO2. - __l_l__ -I__ ~1_-.------_ - -.I- -.---.__ I_.._._____x _-_ ._.__,_ .-- I I_.__ - -.--.---. -..~.--.~-_._.___I_ .___ ~-. ~____ -..- _.-- .--I-- ~ -I._- - - CITY CLERK i 1 0 E'] :'::-ct:> <."L.i: Current Developm Eng inee r ing ---___ -_____ -.-.--.....- -- ... . ..I.....__ -... I.. .__.__-__ -.-~... --_-___.__. .,. . . . TO : &'K3&: : i i -___-_. _- --_ ---. --..-.. _--..--. .____.____ JANUARY 25, 1985 -1 -1__- _-_. BOhQ RELEASE SDP-77-1 -._,_..-..-."--_I_^.-.--_ SUEJECT : _________ -----_---_- I - - - -.. ... -.-.-I------. t -I_- -I-.. --._.___I --- ^-----.-_- I NESSAZE : The Engineering Department has no objections to the release of the remaining bonds for SDP-77-1 ,--. P\ .T ~ :' ~ .'-,< ' ,-. ._I/- - , ., <AL.-* ~ ., 1 .,-_ . ,, .I u' x--__l---- _--I- --_-- - ..-.. -.-. -- -- ----. . -- i~e~-,;3.y n rrsqiested : ---..-" .._. .- - At t a c h !-,I e n t. s e Signature : ;\,~,,i ----_-. -I_-_ -___.,I__ -.II_- - _______l__ll --__---.-_ -____._. -..- . _--. __.I.._I__. --I----- ----..--I._ .-_.. ~ ~._._I______I____ REPLY : L_ ____ ~--- - I)a-:e : Siynatu~:: : -- ___ __I---. _I -__-I_ __--- ~-- --------. l___ll -II_.. .- - I.-- __-I______ 0 @ TE (7 1 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Offjce of the C~ty Clerk CiQ Gt tLwr'l$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 - - 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 .-- . --I_ 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: -I__ __-- REPLY: I DATE : SIGNATURE: YROM z En ninee r ing Dep a&en t 1 2 3 4 5 6 SCpT-&-n, Be& /?, /"?7 y -. 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 7 8 g 10 11 12 13 14 15 - 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 20 21 22 23 24 25 26 2.7 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: I 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 1 2 period of- time ds statezl on Line 7 of Page 1 hereof; and WHEREAS, Developer, -in consideration of the approval and issuance 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ' 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! 20 21 22 23 24 25 26 27 28 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) -2, 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0' -0 (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 I this agreement for a period of on2 year following acceptance thereof I against any defective work or labor done or defective materials furr,i( -3: ii ,x 1 1 2 3 4 5 6 7 8 9 10 11 '12 3.3 14 15 16 3.7 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 24 25 26 27 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 1 1 2 3 4 5 61 7’ 8 9 0” .m 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) 1Q 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. . (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 -5-. 1 1 2 3 4 5 6/ 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 I 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 -6-. 1' .. 1 2 3 4 5 6 7 8 9 PO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 .e II I 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. -7-. ‘i .- 1‘ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 0‘ ,e 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 -8- I! 1 2 3 4 5 6 7 8 9 10 I1 2% 13 14 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 ____ CARLSBfiO, a Municipal Ci ::,2qat;?: 2 California I Ad .. - 11 3-51 16 17 18 19 2o 21 I 22 1 23 24 25 26 27 28 * 0 e' . *. 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 I1 -9- 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 & TEI (7 1 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