HomeMy WebLinkAbout1984-03-06; City Council; 6336-4; FINAL MAP CARLSBAD TRACT 80-14|PUD-16 |DIVERSIFIED FINANCIAL|t* CII~F CARLSBAD - AGEN~BILL
<
Approve final map of Carlsbad Tract 80-14.
ITEM EXPLANATION:
Engineering staff has completed checking the final map of C
Tract 80-14/PUD-16, a 20-lot subdivision for 19 single fami
homes located on the notthwest corner of Park drive and Hi1 Drive, for conformance with the Subdivision Map Act and the Carlsbad Municipal Code. The final map conforms substantia
the Conditions of Approval and the tentative map as approve
the Planning Commission on July 23, 1980, per Resolution No
FISCAL IMPACT:
The increased need for City services resulting from this
development will be offset by the payment of the Public Fac
EXHIBITS :
1. Location Map
U M >. 0 E Q 2
E
2
a 2 0 z 3 0 0
0
CITY MAP BOOK PAGE
PROJECT NAME PROJ. E
I
NO. cx-80- \d
1c CITY OF CARLSBAD dl)
Inter-Office Correspondence
7.0: CaTy ~tFL=- I OFFICt: &de
SUBJECT: Bo!dOS Fac I
ca- so4 \& I
I
I
I
I
/6 f84- FROM: 5fit-l HAddA \ DATE: 3
MtSSAGt:
p++*acLeJ 7hmJ s ph/. pct>c=s *e- 7 For cq-"bo - \Q-
avr d%%h4p R:ply Requested: /v6, Signature: 9s: A/- :--+=--- Attachments
/$Wd
RtPLY:
Date: Si gnat ure:
10/83
”. I
It 4 1
2
3
4
5
6
7
8
g
10
11
12 ‘ II m 13
dL w P 14 Po=z z z= sc>2 mGq1 15
u:, :a
Szz6 16
55 2 17
I- 18
19
20
21
22
23
24
25
26
27
28
D
.PC g E5 aI
wo
gg22
t 5
20 v)
3
DIVISION 1WIROVEr.IENT AG
DATE OF AGREEMENT: CH 7, /fa+
NAME OF SUBDIVIDER:- PGdd
NAME OF SUBDIVISION: @~~!-s~~~ T6LhC-T So- \k.
p!cfF;\C ~~~~.er7\S5L, \QC
p. k=uA-A @6eap.
RESOLUTION OF AFPPROVAL NO. :
114F’ROVEMENT DRAF’JINGS NO. : 5212-4
ADOPTED! 9 g 2, I
ESTIMATED TOTAL COST OF IMPROVEMENTS: + 2369000 %
ESTIMATED TOTAL COST OF MONUMENTATION:$3, 0- z
TIME LIMIT FOR COMPLETION OF IMPROVEMENTS:
SURETY AND BOND NO.
1% tuf0QTH
523 - 355 4
This aqreement is made and entered into by and beeween
City of Carlsbad, California, a Municipal Corporation of th
State of California, hereinafter referred to as City; and t
Subdivider named on Line 2 of Page 1 hereof, hereinafter re
to as Subdivider.
RECITALS :
WHF,F?EAS, Subdivider has presented to City for approval
recordation, a final subdivision map of a proposed subdivis
stated in Line 3 of Page 1 hereof pursuant to provisions
of the Subdivision Map Act of the State 05 California, and
comFliance with the provisions of Title 20 of the Carlsbad
Municipal Code, hereinafter referred to as Code, relating t
filing, approval and recordation of subdivision maps; and
WHEREAS, a tentative map of the subdivision has been E
subject to the requirements and conditions contained in the
resolution listed on Line 4 of Page 1 hereof, Said resolutj
on file in the office of the City Clerk and is incorporatec
by reference and made a part hereof: and
WHEREAS, the Code provides that before the final map j
/ /l
.
3, I.
1
2
3
4
5
6
7
8
9
10
11
12
Q, Y g 13 a5 8
;:us 14
2 g 0-I 2 g 15 i, Sa 5 i 8 d 16 "uq go v)
J 17
rV 5 18
19
20
21
22
23
24
25
26
27
28
n
go;$
uro
4 I
0 e
approved by the City Council, Subdivider must have complied t
the requirements of said resolution and must have either ins1
and completed all of the public improvements and land develoi
work required by the Code and said resolution to be installe
subdivisions before final maps of subdivisions are approved
City for purpose of recording in the office of the County Re
of San Diego County, or as an alternative thereof, that Subd
shall enter into an agreement with City, secured by an apprc
improvement security to insure the performance of the work E
to the requirements of the Code, agreeing at its own expense
install and complete, free of liens, all of the public imprc
and land development work required in the subdivision withii
definite period of time prescribed by the Council; and
WHEREAS, Subdivider, in consideration of the approval 4
recordation of this map by the Council, desires to enter in
agreement wherein it is provided that Subdivider will insta
complete at its own expense, all the public improvement WOI
required in connection with the proposed subdivision and wi
deliver to City an improvement security as approved by the
Attorney; and
WHEREAS, complete plans and specifications for the COI
tion, installation and completion of the public improvemenl
have been prepared and approved by the City Engineer, as SI
the drawings listed on Line 5, of Page 1 hereof which have
filed in the office of the City Engineer and are incorpora
reference herein and made a part hereof; and
WHEREAS, it is necessary that certain monuments and s
as specified on the final map shall be installed within tk
2.
%*
1 *'
1
2
3
4
5
6
7
8
g
10
11
12
a
g m 13
dk~s 14
z> :L<s ' o 15
u:, ?a
gEcg
ZP II 17 aa >u L V 18
19
20
21
22
23
24
25
26
27
28
0
*$ 8 55 8
DOZE
zW8d +>uv 16
u
>b K
0 0
days after completion of the required improvements and thei
acceptance by City, and that street signs be placed at inte
sections, as required by the Code; and
WHEREAS, an estimate of the cost of constructing the pi
improvements and necessary land development work in connect
therewith according to said plans and specifications has bc
and has been approved by City Engineer in an amount stated
Line 6 of Page 1 hereof, which estimate is attached hereto,
Exhibit A and made a part hereof; and
WHEREAS, an estimate of the cost for the installation c
monuments has been approved by City Engineer in an amount 2
on Line 7 of Page 1 hereof, which estimate is attached here
marked Exhibit B and made a part hereof;
NOW, THEREFORE, in consideration of the approval and
recordation by the City Council of the final nap of this si
division, and other valuable consideration, Subdivider and
agree as follows:
1. Subdivider shall:
(a) Comply with all the requirements of said tent,
map resolution, and any amendments thereto an{
the provisions of the Code.
(b) Complete at its own expense, in accord with tl
and specifications and to the satisfaction anc
of the City Engineer, all of the public impro-
and land development work required in and ad](
the subdivision.
(c) Furnish the necessary materials therefor, in 1
formity with the plans and specifications on
3.
\* I.
1
2
3
4
5
6
7
a
9
10
11
12
2 I1 Q 13 a2 g
z:us 14 oo=z Z>Z" gk 2 g 15
u:, 5a
&?Ls~ 16 gg22
Io z. 17
L 18 i3
19
20
21
22
23
24
25
26
27
28
D
0-I
wu
>!i 5
0 0
in the office of the City Engineer.
Notify City Engineer in writing at least fifte (a)
day4 p~im to thQ cornencement of the work her
so that City Engineer shall be able to provide
services of inspection.
Complete the improvements under this contract
or before the time limit stated in Line 8 of P
hereof.
(e)
(f) Install all monuments required by law within t
days after the completion and acceptance of tf
improvements by the City Engineer.
(9) Install temporary street name signs if permant
street name signs have not been installed.
2. If any of the public improvement and land developmc
work contemplated by this agreement is to be constructed or
led on land not owned by Subdivider, no construction or ins.
shall be commenced prior to the dedication and acceptance b
of appropriate easements.
3. The City Engineer or his duly authorized represent
upon request of Subdivider, shall inspect at Subdivider's e
the improvements herein agreed to be constructed and instal
Subdivider, and if determined to be in accordance with appl
City standards and the terns of this agreement, shall recon
the acceptance of such improvements by City. Subdivider sk
at all times maintain proper facilities, and provide safe i
for inspection by City, to all parts of the work, and to tT
wherein the work is in preparation.
4. Subdivider shall furnish to City good and sufficic
4.
..
"
1
2
3
4
5
6
7
8
0
10
11
12
2 13 g 13 cis 8 z: w 9 14 a0SE ogrg mGqi 15 i. 4a
+>wo ~~86 16 ;$q zg y >+ a 17 aa >"
0
z
18 c u
19
20
21
22
23
24
25
26
27
28
e 0
security on forms approved by City, in the amount of 100%
estimated cost of said improvements as stated on Line 6 of
hereof, to assure faithful performance of this agreement ir
regards to said improvements, and in the additional amount
of said amount for securing payment to contractor, his subc
tors and persons renting equipment or furnishing labor or n
to them for the improvements required to be constructed or
installed hereby, and in the additional amount of 25% of se
amount to guarantee or warrantythe work done pursuant to tk
agreement for a period of one year following acceptance the
by City against any defective work or labor done or defectj
materials furnished. Subdivider shall furnish to City sucl
security in the amount of 100% of the estimated cost of sel
subdivision monuments as stated on Line 7 of Page 1, hereoj
as required by this agreement. The securities required by
agreement shall be filed with the City Clerk and when so f:
shall be incorporated by reference herein.
5. Any changes, alterations or additions to the imprc
plans and specifications or to the improvements, not exceec
of the original estimated cost of the improvement, which ai
mutually agreed upon by City and Subdivider, shall not rel:
the improvement security given for faithful performance of
improvement. In the event such changes, alterations, or ac
exceed 10% of the original estimated cost of the improvemei
Subdivider shall provide improvement security for faithful
formance as required by Paragraph 4 of this agreement for .
of the total estimated cost of the improvement as changed,
or amended, minus any completed partial releases thereof a<
5.
. .-
1
2
3
4
5
6
7
8
9
10
11
c3 12 2 Y E? 13 .a g $5 Q,
ouws 14 no3z z>zg
~I-<L mZ i 15 u: 4 3u
2k8ci 16 zgq
17 52 5 >$ cc 4 18 E
19
20
21
22
23
24
25
26
27
28
wu
u
0 0
by Paragraph 6 of this agreement.
6. The securities requ!red by &is a2~ircUHMk &all bo
released as follows:
(1) Security given for faithful performance of an1
act or agreement shall be released upon the f:
completion and acceptance of the act or work,
to the provisions of Subsection (2) hereof.
The City Engineer may release a portion of thc
security in conjunction with the acceptance o
performance of the act or work as it progress
upon application therefor by the Subdivider;
however, that no such release shall be for an
less than 25% of the total improvement securi
for faithful Performance of the act or work a
that the security shall not be reduced to an
(2)
less than 50% of the total improvement securi
given for faithful performance until final cc
and acceptance of the act or work. In no evc
the City Engineer authorize a release of the
ment security which would reduce such securii
an amount below that required to guarantee tl
completion of the act or work and any other t
imposed by the Code, the Subdivision Map Act
agreement.
Security given to secure payment to the cont
his subcontractors and to persons furnishing
materials or equipment shall, six months aft
completion and acceptance of the act or work
(3)
6.
..
. ,.
1
2
3
4
5
6
7
8
9
LO
11
12
2 Y g 13
dLua 3.4
gc'o mGQ5 15
u:, Sa
5 k 8 6 16 8Z'$ icz y >,- (r 17
18 >3
19
20
21
22
23
24
25
26
27
28
>
n
.LT :$ B
go;:
uu
a
t u
0 e
reduced to an amount equal to the amount of a
therefor filed and of which notice has been g.
the legislative body plus an amount reasonabl:
mined by the City Engineer to be required to <
performance of any other obligations secured
The balance of the security shall be released
settlement of all such claims and obligations
which the security was given.
(4) No security given for the guarantee or warran
work shall be released until the expiration o
period thereof and until any claims filed dur
period have been settled.
7. Subdivider shall replace, or have replaced, or rep
have repaired, as the case may be, all pipes and monuments
the map which have been destroyed or damaged, and Subdivid
replace or have replaced, repair, or have repaired, as the
be, or pay to the owner, the entire cost of replacement 01
of any and all property damaged or destroyed by reason of
done hereunder, whether such property be owned by the Unit
or any agency thereof, or the State of California, or any
political subdivision thereof, or by the City or by any PC
private corporation, or by any person whomsoever, or by ar
nation of such owners. Any such repair or replacement she
the satisfaction, and subject to the approval, of the Cit4
8. Subdivider shall, at Subdivider's expense, obtain
necessary permits and licenses for the construction of su<
improvements, give all necessary notices and pay all fees
taxes required by law.
7.
..
- ..
1
2
3
4
5
6
7
8
9
10
11
12
11 ' m 13
zi ~u a 14
g g 02 Q 5 15
5k8~ 16
> + LT 17
k 18
19
20
21
22
23
24
25
26
27
28
P
a5 8
nozz z $3
u ' 23
"U2$
Zi? y
> aJ
V
e e
9. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider authorizes City to perform
obligation twenty days after mailing written notice of defau
Subdivider and to Subdivider's Surety, and agrees to pay th
cost of such performance by City.
The sums provided by the improvement security may k
by City for the completion of the public improvements within
subdivision in accordance with specifications contained here
City may take over the work and prosecute the same
completion, by contract or by any other method City may deelr
advisable, for the account and at the expense of Subdivider,
Subdivider's Surety shall be liable to City for any excess <
or damages occasioned City thereby; and, in such event, Cit]
without liability for so doing, may take possession of, and
in completing the work, such materials, appliances, plant ai
property belonging to Subdivider as may be on the site of t
and necessary therefor.
10. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider agrees to pay all costs an
expenses incurred by City in securing performance of such
obligations, including costs of suit and reasonable attorne
fees.
11. Subdivider shall guarantee or warranty the work dc
pursuant to this agreement for a period of one year after 1
acceptance of said work against any defective work or laboi
or defective materials furnished. If within said period a.
structure or part of any structure furnished and/or instal
constructed, or caused to be installed or constructed by
8.
.. -.
1
2
3
4
5
6
7
8
9
10
11
12
a
E? m 13
Ouus 14 oo== 2 $a ~ZZE 0-I 15 i, 3a
+>U" zw8d 16 :E22 zg y >,- LT 17 aa
>O
0 k 18
P
.d 8 55 o)
19
20
21
22
23
24
25
26
27
28
0 e
Subdivider, or any of the work done under this agreement, f
to fulfill any of the requirements of this agreement or the
and specifications referred to herein, Subdivider shall wit
delay and without any cost to City, repair or replace or re
struct any defective or otherwise unsatisfactory part or pa
the work or structure. Should Subdivider fail to act promg
in accordance with this requirement, Subdivider hereby autk
City, at City's option, to perform the work twenty days aft
mailing written notice of default to Subdivider and agrees
pay the cost of such work by City. Should the exigencies c
case require repairs or replacements to be made before Subc
can be notified, City may, at its option, make the necessai
repairs or replacements or perform the necessary work and h
divider shall pay to City the cost of such repairs.
12. Neither Subdivider nor any of Subdivider's agents
contractors are or shall be considered to be agents of Cit:
connection with the performance of Subdivider's obligation!
this agreement.
13. Nothing contained in this agreement shall precludc
from expending monies pursuant to agreements concurrently (
previously executed between the parties, or from entering
agreements with subdividers for the apportionment of costs
water and sewer mains pursuant to the provisions of the Ca
Municipal Code providing therefor, nor shall anything here
stated commit City to any such apportionment.
14. Until such time as all improvements required by t
agreement are fully completed and accepted by City, Subdiv
will be responsible for the care, maintenance of and any d
9.
2
. ,I 3
4
5
.Nasn!.n.j to &he L~~dling gublic of each an8 t;y%y dsnysl.1-~us
,condition existent i.n said *inprovements, arid will protect the
traveling public from such defective or dangerous conditions.
The S-abdivider hereby agrees to pay for such inspection of su
I 6
7
a
9
10
. 11
Q 12 a
13 E., .$ g %Z Q, 34 ou. !-- nag:
Z>$O * gl-c?LL 15 mG -I u I ?<
!5$8d 26 "ocs Z? 3 >5 2 17 c
Q
wo
u
improvements as may be required by the city Engineer of the
city.
15. Upon acceptance of the work on behalf of City arid
recordation of the blotice of ComFletion, ownership of the
improvenents constructed pursuant to this' agreement shall ves
in City.
16. Acceptance of the work on behalf of City shall be 1
by the City Engineer upon authorization of the City Couacil.
acceptawe Ehall. not constitilte a waiver of defects by City.
17. The City or any officer or mployec thereof saall
be Piable for nny injury to persons or property occasfoned 1
reason of the acts'or omissions of Subdivider, its agents 01
zs exriployees in the performance of chis agreement. SSdivider
l9
20
21
22
23
24
25
26
27
. 28
/further agrees to protect and hold harmless City, its offic
and employees from any and all clairns, demands, causes of ii
liability or loss of any sort because of, or arising out of
or omissioiis of Subdivider, its agents or employees in the
formance of this agreement, including claims, demands, cam
of action, liability, or loss because of, or arising out of
design or construction of the improvements : provided, howc
that the approved improvement security shall not be requh
cover the provisions-of this paragraph. Said indsmnificat
agreement to hold harmless shall extend to injuries to per
10.
4 of the diversion of wzters from the design construction or
.5
G
7
.. 8
9
maintenance of drainage systems, streets and other ixqxovem
Acceptance by the City of the improvements shall not ccnsti
in rrssuwticn by the City of any resDonsibility for such da
or taking.
or construction of the subdivision pursuant w the approved
City shall not be an insurer or surety for the
10
13,
12 n 2 Y 8 13 a8
d.:. y 5 34 OJ3Z z E=
g * 34
+twv z~sd 16,
E$ cn
g g.2 u P I 15
;E22 20 v) . 55 2 17'
c B 18
-19
20
21
22
23
24
25
26
2'1
28
0
I improvement 'plans, - Provisions of this paragraph shall rema I
full force and effect for 10 years foilovling the acceptance
the city of the improvements.
18. City shall not, nor shall any officer or eaployee
of, be liable or responsible for any accident, ioss or dama
happening or occurring to the work or improvements specifie
this agreement prior to the completion and acceptance of sa
shall said City, nor any officer or employee thereof, be li
for any persons or property injured by reason of said work
improvements, but all of said liabilities shall be assumed
Subdivider.
11
19, Sale or other disposition of this property wall n
relieve Subdivider from the obligations set forth herein.
20. Time is of the essence of this agreement. Subdiv
shall commence substantial construction of the improvements
required by this agreement not later than nine months prior
the time for completion. Provided that in the event good c
is shown therefore, the City Council may extend the time fc
commencement of construction or completion of the improveme
11..
@
1. hereupder. Any such extenslor? ;my be crjrantcd wii;hor:t notice
Subdivider's Siirety m.d shall in i10 way zffect the validity o
41
5
6
7
8
9
10
12
n 3.2
2 5 $ 13
6L k 4 2 3.4;
. I
I I
ti= $2 m
so+
given for the faithful performance of this aqreement. The Ci
Council shall be the sole and fin2.L judge as to whether or nc
good cause has beGn phrpn to entitle Subdivider to an extensj
As a condition of such extensions the City Council may reyuh
Subdivider to furnish new sec~.~ri%y yuaranteeinq per fo-maricz c
the agreement as extended in an increased mount as necessar:
compensate for: any increase in construction costs as determi-
by' the City Engineer. *
Failure of Subdivider to coinply with the terms of this
1 Inent sliiall constitute consefit to the filing by City of a not
of violation against all the lots in the S-Jbdivision. I
Oc m '' y 17
0
>k % I suit and a reasonable sm as attorney's fees.
i
21 I 20
22
- 23
24
25
26
27
28
to Section 20.16.060 of the Carlsbad Muni.cipal Code authmi
DATED this - day of I 19 e --
such execution, and by Subdivider.
12.
*-
u I"
1 -
2' I .a
4
.
.s
6
I
t
i r P
f
1 (Kotarial acknowledgement of attached e )
8.
X%
13
APPROVED AS TO F3K4: CITY OF CARLSBAD, a Munici]
Cbrporation of the State 0. California
24.
.. 35
3-6 '
17
18
-19
20
21
___ - VINCENT F. BI?%DO, JIi. City Attorney
STATE OF CALIFO3EIA )
COUNTY GP SAX DIEGO )
On this 9" day of -- hf/Zc& , in the year/$"/, befor(
the undersig~ed, a Notary Public in and fur said State,
appeared Frank D. Aleshire, known to me to be the Ci-ty M the City of Carlsbad, a municipal corporation of the Sta California known to me to be the person who cxecuted*the
) ss.
22
23
24
25
26
27
28
instrument on behalf of said municipal corporation, and ledged to me that such City of Carlsbad, California, exe
* the same.
-
WITNESS my hand and official seal.
;i--.y?&/ .NOT RY PUBL C
TlTE INSURANCE AND TRUn
ATKORCWPANY
I CAT. NO. "00737
(Corporation)
TO 1945 CA (7-82)
) ss*
STATE OF CALIFORNIA
COUNTY OF L0s Angeles
On February 21, 1984 said State, personally appeared ..
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
the within instrum_ent q +e
before me, the undersigned, a Notary Public in and for
PiriJ .l. Cimi-irri a t
y g d president, and c) ail= L LA. ALL y a6 LVL
i L 2
- -1 personany mown to me or - Secretary of the Corporation
9 $amL
proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the
that executed the within instrument and acknowledged
to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESSc and and official seal.
Signature E&L . (This area for official norarid seal) I i