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HomeMy WebLinkAbout1984-05-29; City Council; 7762; Paseo Del Norte, . .- A. -. CIT b OF CARLSBAD - AGENDA BILL 0 q"' J MTG. 5/29/84 PASEO DEL NORTE 48# 77fd DEPT. CM I DEPT. HD. CITY Am=== CITY MGR.~ RECOMMENDED ACTION: That Council direct City Attorney to prepare documents extending the time limit for completion of Paseo del Norte from July 17, 1984 to August 30, 1984 and that City Manager be authorized to apply to Coastal Commission for a permit to realign Paseo del Norte between Palomar Airport Road and Car Country. BAC KG ROU ND : Pea Soup Anderson is now bonded to build Paseo del Norte to full width prior to occupancy of the second unit of the hotel. upon the existing curved alignment. Recently, city staff has negotiated an agreement to realign the street to eliminate the curve. desires to straighten the street the following actions are needed: 1 ) secure Coastal Commission approval The street plans are based If council 2) grant a time extension to Pea Soup Anderson and allow occupancy when hotel is completed. Paul Ecke, the property owner, and Tim O'Healy, the developer, have reached agreement on lease of the 3 acre commercial parcel which will be created by the realignment. parcel. Future city approval will be required to rezone this FISCAL IMPACT: All work will be the obligation of the developer. City will incur staff expense to change agreements and secure Coastal Commission approval. ALTERNATIVE: Developer is ready to build the street on existing alignment. EXHIBITS : 1. Letter from Paul Ecke (CARLTAS CORP) 2. 3. Bond agreement Letter from Tim O'Healy '(to be distributed later) B . May 17, 1984 " Mr. Chuck DnmR Regional Coastal Commission 6154 Mission Gmgc Road, Suite 220 San Diego, CA 92120 Dear lir. Damn: Pon Agatcp The above understanding is confirme m 9mvb Chuck Damn “Splitting Peas for Split Pea Soup“ HIGHWAY CENTERS MAIN OFFICE P.O. BOX W BUELLTON, CALIFORNIA 93427 Telephone (805) 688-5581 May 29, 1984 Frank Aleshire, City Mgr. Ci t y of Carl sbad Carlsbgd, CA 92008 Dear Frank As I am sure you are aware, Pea Soup Andersen’s & Paul Ecke Jr. have arrived at an arrangement which allows not only the widening of Paseo Del Norte, but a straightening of the roadway as well. In order to accomplish this objective, we require the cooperation of the City of Carlsbad to interface with the Coastal Commission and allow us additional time for engineering. I am requesting the City Council to allow occupancy of the additional 78 units which we have added to our motel prior to completion of the roadway improvement. Our construction and takeout loan commitments provide $664,000 for completion of Paseo Del Norte. We would be willing to extend the bond which we have posted in behalf of the City of Carlsbad until September 30, 1984. In the event the City Council does not allow us to occupy our additional units prior to completion of Paseo Del Norte, we will begin construction on the raodway as currently desi gned immediate1 y . Should you require further information, please contact me. tf / RESTAURANTS- INNS- SERVICE STATIONS SANTA NELIA- CARLSBAD- BUELLTON, CALIFORNIA CITY OF CARLSBAD Inter-Office Correspondence n . Date: Signature: 10/83 .* 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 28 I - - DEVELOPMENT IMPROVEMENT At I,. .1E NT DATE OF AGREEMENT: t KMoe 17. 1983 NAME OF DEVELOPER: Pea Soup Properties, Ltd. -*,. .. NAME OF DEVELOPMENT: Pea Soup Andersen's ~- TIME LIMIT FOR COMPLETION OF IMPROVEMENTS: 6 months 218-3B 5J,?- - IMPROVEMENT DRAWINGS NO. : ESTIMATED TOTAL COST OF IMPROVEMENTS: SURETY AND BOND NO. : --& -7 $664,000.00 8 0 9 * -gl - 8 t THIS AGREEMENT is made and entered into by and between the City of Carlsbac California, a Municipal Corporation of the State of California, hereinafter referred to as City; and the Developer named on Line 2 of Page 1 hereof, here- inafter referred to as Developer. RECITALS: WHEREAS, Developer has presented to City, for approval and issuance, plans and application for entitlement(s) as stated on Lines 3 and 4 of Page 1 hereof, hereinafter referred to as Development, pursuant to provisions of the Carlsb6d Municipal Code, hereinafter referred to as Code, relating to the approval and issuance of discretionary and ministerial entitlement( s) ; and WHEREAS, the Code provides that before the Development is approved and issued by the City, Developer must have complied with the requirements of said Code and must have either installed and completed all of the public improvements and land development work required by the Code, or as an alternative theresf, that Developer shall enter into an agreement with City, secured by an approved Improvement security to insure the performance of the work, pursuant to the re- quirements of the Code, agreeing, at its own expense, to install and complete, free of liens, all of the public improvements and land development work required as a condition of approval and issuance of Development within a definite 6 3 2 2 4 C /e 'i c 5 IC 13 12 12 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 20 nd issuance period of time as stated on Line 5 of Page 1 hereof; and WHEREAS, Developer, in consideration of the approval f Development by City, desires to enter into this agreement wherein it is provided that Developer will install and complete at its own expense, all public improvement work required in connection with the said Development and will deliver to City an improvement security as approved by the City Attorney; and WEREAS, complete plans and specifications for the construction, instal- lation and completion of the public improvement work have been prepared and approved by the City Engineer, as shown on the drawings listed on Line 6 of Page 1 hereof which have been filed in the office of the City Engineer and are incorporated by reference herein and made a part hereof; and WHEREAS, an estimate of the cost of constructing the public improvements and necessary land development work in connection therewith according to said plans and specifications has been made and has been approved by City Engineer in an amount stated on Line 7 of Page 1 hereof, which estimate is attached hereto, marked Exhibit A and made a part hereof; NOW, THEREFORE, in consideration of the approval and issuance of Develop- nent by City, and other valuable consideration, Developer and City agree as fol1 ows : 1. Developer shall: Comply with all the requirements of said Development and any amendments thereto and with the provisions of the Code. Complete at its own expense, in accord with the plans and specifi- cations and tc the satisfaction and approval of the City Engineer, all of the public improvement and land development work required in and adjoining the development. Furnish the necessary materials therefor, in conformity with the plans and specifications on file in the office of the City Engineer .-A -2- 1 2 1 c 4 L c e 1 € S 1c 13 12 12 14 15 16 17 ia /:: 21 22 23 24 25 26 27 20 (d) Notify City Engineer in writing at least fifteen days prior to the comncement of the work hereunder so that City Engineer shall be able to provide services of inspection. (e) Complete the improvements under this contract on or before the time limit stated on Line 5 of Page 1 hereof. (f) Install temporary street name signs if permanent street name signs have not been installed. , 2. If any of the public improvement and land development work contemplated by this agreement is to be constructed or installed on land not owned by Developer, no construction or installation shall be comnenced prior to the dedi- :ation and acceptance by City of appropriate easements. 3. The City Engineer or his duly authorized representative, upon request if Developer, shall inspect at Developer's expense, the improvements herein )greed to be constructed and installed by Developer, and if determined to be in iccordance with applicable City standards and the terms of this agreement, shall mecommend the acceptance of such improvements by City. Developer shall at all bimes maintain proper facilities, and provide safe access for inspection by City to all parts of the work, and to the shops wherein the work is in preparation. Developer shall furnish to City good and sufficient security on forms ipproved by City, in the amount of 100% of the estimated cost of said improve- Rents as stated on Line 7 of Page 1 hereof, to assure faithful performance of ;his aareement in regards to said improvements, and in the additional amount of io% of said amount for securing payment to contractor, his subcontractors and bersons renting equipment or furnishing labor or materials to them for the im- wovements required to be constructed or installed hereby, and in the additional mount of 25% of said amount to guarantee or warranty the work done pursuant to ;his agreement for a period of one year following acceptance thereof by City lgainst any defective work or labor done or defective materials furnished. The 4. -3- 6 I 2 1 * 4 L CI e 1 E S 1c 11 12 12 14 15 16 17 - ia 19 20 21 22 23 24 25 26 27 20 securities required by this agreement shall be filed with the City Clerk and wher so filed, shall be incorporated by reference herein. 5. Any changes, alterations or additions to the improvement plans and specifications or to the improvements, not exceeding 10% of the original esti- mated cost of the improvement, which are mutually agreed upon by City and Developer, shall not relieve the improvement security given for faithful per- formance of the improvement. exceed 10% of the original estimated cost of the improvement, Developer shall provide improvement security for faithful performance as required in Paragraph 4 of this agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases thereof as allowed by Paragraph 6 of this agreement. In the event such changes, alterations, or additior 6. The securities required by this agreement shall be released as follows: (1) Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of Subsection (2) hereof. (2) The City Engineer may release a portion of the security in con- junction with the acceptance of the performance of the act or work as it progresses upon application therefor by the Developer pro- vided that no such release shall be for an amount less than 25% of the total improvement security given for faithful performance of the act or work; and provided that no such release shall be for an amount less than Ten Thousand Dollars ($10,000). the security shall not be reduced to an amount less than 50% of the total improvement security given for faithful performance until final completion and acceptance of the act or work. event shall the City Engineer authorize a release of the improve- ment security which would reduce such security to an amount below In addition, In no 4- 7 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 that required to guarantee the completion of the act or work and any other obligation imposed by the Code or this agreement. (3) Security given to secure payment to the contractor, his sub- contractors and to persons furnishing labor, materials or equipmen1 shall, six months after the completion and acceptance of the act 01 work, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the legis- lative body, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given. (4) No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof and until any claims filed during said period have been settled. 7. Developer shall replace or have replaced, repair or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder dhether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the Lity or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Developer s ha1 1 , at Developer' s expense, obtain a1 1 necessary permi ts and licenses for the construction of such improvements, give all necessary iotices, and pay all fees and taxes required by law. 9. In the event that Developer fails to perform any obligation hereunder, Developer authorizes City to perform such obligation twenty days after mailing -5- B . v 2 2 I/: 5 6 9 *€ 9 IC 11 12 13 14 15 16 17 18 19 - 20 21 22 23 24 25 26 27 28 _- written notice of default to Developer and to Developer's Surety, and agrees to pay the entire cost of such performance by City. The sums provided by the improvement security may be used by City for the completion of the public improvements required as a condition of approval and issuance of Development in accordance with specifications contained herein. City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Developer, and Developer's Surety shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City, with- out liability for so doing, may take possession of, and utilize in completing thl work, such materials, appliances; plant and other property belonging to Developer as may be on the site of the work and necessary therefor. 10. In the event that Developer fails to perform any obligation hereunder, Developer agrees to pay all costs and expenses incurred by City in securing per- formance of such obligations, including costs of suit and reasonable attorney's fees. 11. Developer shall guarantee or warranty the work done pursuant to this agreement for a period of one year after final acceptance of said work against any defective work or labor done or defective materials furnished. If within said period any structure or part of any structure furnished and/or installed or Eonstructed, or caused to be installed or constructed by Developer, or any of thc tork done under this agreement, fails to fulfill any of the requirements of this igreement or the plans and specifications referred to herein, Developer shall vithout delay and without any cost to City, repair or replace or reconstruct any jefective or otherwise unsatisfactory part or parts of the work or structure. ihould Developer fail to act promptly or in accordance with this requirement, kveloper hereby authorizes City, at City's option, to perform the work twenty jays after mailing written notice of default to Developer and agrees to pay the -6- 9 . I 2 z 4 f e P 1 € E 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cost of such work by City. Should the exigencies of the case require repairs or replacements to be made before Developer can be notified, City may, at its optioi make the necessary repairs or replacements or perform the necessary work and Developer shall pay to City the cost of such repairs. 12. Neither Developer nor any of Developer's agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under this agreement. 13. Nothing contained in this agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with developers for the apportionment of costs of water and sewer mains pursuant to the provisions of the Carlsbad Municipal Code providing therefor, nor shall anything herein stated comit City to any such apportionment. 14. Until such time as all improvements required by this agreement are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. Developer shall give good and adequate warning to the traveling public of each and every dangerous con- dition existent in said improvements; and will protect the traveling public from such defective or dangerous conditions. The Developer hereby agrees to pay for such inspection of such improvements as may be required by the City Engineer of the City. 15. Upon acceptance of the work on behalf of City and mailing of the Notice of Completion to Developer, ownership of the improvements constructed pursuant to this agreement shall vest in City. 16. Acceptance of the work on behalf of City shall be made by the City Such acceptance shall not constitute a waiver of defects by City. The City or any officer or employee thereof shall not be liable for Engineer. 17. ny injury to persons or property occasioned by reason of the acts or omissions -7- /,.3 ,I I P 2 4 f c 7 € S 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 .- - of Developer, its agents or employees in the performance of this agreement. Developer further agrees to protect and hold harmless City, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort because of, or arising out of acts or omissions of Developer, its agents or employees in the performance of this agreement, including claims, demands, causes of action, liability, or loss because of, or arising out of the design or construction of the improvements: provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. extend to injuries to persons and damages or taking of property resulting from the design or construction of said development and the public improvements as provided herein, to adjacent property owners as a consequence of the diversion Df waters from the design construction or maintenance of drainage systems, streets and other improvements. Acceptance by the City of the improvements Said indemnification and agreement to hold harmless shall shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the development pursuant to the approved improvement plans. provisions of this paragraph shall remain in full force and effect for 10 years following the acceptance by the City of the improvements. 18. City shall not, nor shall any officer or employee thereof, be liable ir responsible for any accident, loss or damage happening or occurring to the rJork or improvements specified in this agreement prior to the completion and icceptance of same, nor shall said City, nor any officer or employee thereof, )e liable for any persons or property injured by reason of said work or improve- nents, but all said liabilities shall be assumed by Developer. 19. Sale or other disposition of this property will not relieve Developer From the obligations set forth herein. 20. Time is of the essence of this agreement. Developer shall comnence -8- I 12 u.: Y € E S 1c 11 12 13 14 /*15 16 17 18 19 20 21 22 23 24 25 26 27 28 substantial construction of the improvements and shall diligently pursue con- struction of the improvements to insure completion within the time limit stated on Line 5 of Page 1 hereof. Provided that in the event good cause is shown therefor, the City Engineer may extend the time for completion of the improvement hereunder. Surety and shall in no way affect the validity of this agreement or release the Surety or Sureties on any bond given for the faithful perfonnance of this agree- ment. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Developer to an extension. As a condition of such extensions the City Engineer may require Developer to furnish new security guaranteeing performance of the agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. Any such extension may be granted without notice to Developer's The time limit stated on Line 5 of Page 1 hereof or any extensions thereof not withstanding , no occupancy permit, temporary or permanent, shall be issued For any structure constructed pursuant to said development until the improve- nents required by this agreement are completed to the satisfaction of the City. 21. In the event that suit is brought by City to enforce the terms of this contract, City shall be entitled to process such suit and a reasonable sum 1s attorney's fees. IN WITNESS WHEREOF, this agreement is executed by the City of Carlsbad, acting by and through its City Manager, pursuant to Section 20.16.060 of the Zarlsbad Municipal Code authorizing such execution, and by Subdivider. 1983. TU DATED this 17 day of 3pIy3dwY '- tx xx xx .xx STATE OF CALIFORNIA COUNTY OF Sari Diego 84 On this l7 th day of January , in the year 19-, before me, the undersigned, a Notary Public in and for said State, personally appaared l6 '' 18 Timothy J. O'Healy STATE OF CALSFORNIK ) COUNTY OF SAN DZEGO ) 1 5s. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Partnership named therein, and acknow- ledged to me that the Partnership executed it. I(On this 7"& day of signed, a otary PublFi%%%<said State, pem$ appeared Frank D. Aleshire, known to me to be the City Manager of the City of Carlsbad, a municipal corporation of the State of California known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. , 'in the year /%f/ before me the under- WITNESS my hand and official seal. I WITNESS my hand and official seal. Notarv Public'in and for said State. 11 2( 23 22 22 24 25 26 27 28 -1 0- 1 * .‘ - 1 2 3 4 5 6 7 e 9 1c 11 12 13 14 15 16 17 18 39 20 21 22 23 24 25 26 27 20 PEA SOUP T’OPERTIES, LTD. n 7 [Notarial acknowledgement of execution DEVELOPER of Subdivider must be attached.) \PPROVED AS TO FORM: TTNCENT F. EIONDO 9- JR :i ty Attorney CITY OF CARLSBAD, a Municipal Corporation of the State of California FRANK D. ALESHIRE, City Manager iTATE OF CALI FORNIk ) ZOUNTY OF SAN DIEGO ) ) ss. )n this yd day of iigned, a Notary Publ$?%%<said State, pemy appeared Frank D. ileshire, known to me to be the City Manager of the City of Carlsbad, a iunicipal corporation of the State of California known to me to be the person rho executed the within instrument on behalf of said municipal corporation, and icknowledged to me that such City of Carlsbad, California, executed the same. , in the year // before me the under- IITNESS my hand and official seal. -1 0- 1 2 1 4 E € 7 € 9 1c 11 12 13 14 15 16 I? 18 19 20 21 22 23 24 25 26 27 28 -_ FA I THFUL PERFORMANCE ,, NAME OF DEVELOPMENT: NAME OF SURETY: Federal Insurance Company AMOUNT OF BOND: BOND NUMBER: 8092-61-82 EFFECTIVE DATE: December 16, 1983 PREMIUM: $3,320. Pea Soup Andersen’s $664 , 000. WHEREAS, the City of Carlsbad, State of Cal ifornia, hereinafter referred to as CITY, and the Developer named on Line I of Page I hereof, hereinafter re- ferred to as DEVELOPER, have entered into an agreement whereby DEVELOPER agrees to install and complete certain designated public improvements, which said agree merit, dated as shown on Line 2 of Page I hereof and entitled as shown on Line 3 .I.- of Page I hereof, for public improvements appurtenant to the Development named on Line 4 of Page I hereof, is hereby referred to and made a part hereof; and WHEREAS, said DEVELOPER is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; NOW, THEREFORE, WE, the DEVELOPER and the Surety named on Line 5 of Page I hereof, hereinafter referred to as SURETY, are held and firmly bound unto CITY in the penal sum of the amount stated on Line 6 of Page I hereof, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounden DEVEL- OPER, h i s/her or i ts he i rs, executors, admi n i strators, successors or ass i gns, shall in all things stand to and abide by, and well and truly keep and perforrr. the covenants, conditions and provisions in the said agreement and any altera- tion thereof made as therein provided, on his/her or their part, to be kept and -. 3 2 ci 4 f c 5 I s 1c 13 12 12 14 If 1E 17 le 19 ? 21 22 . 23 24 25 26 27 28 -. performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harm- less the CITY, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shal I be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the CITY in success- fully enforcing such obligation, all to be taxed as costs and included in any j udgment rendered. The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement 'I. or - to the work to be pir- formed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the speci f ications. IN WITNESS WHEREOF, this instrument has been duly executed by the DEVEL- January 17 , 1984 . 3PER and SURETY above named on - Federal Insurance Company -dI-_ \ I' A?/..(- LJ -' SURETY PAUL WICKERSHAN ATTORNEY -IN-FACT I 4PPROVED AS TO FORM: JINCENT F. BIONDO, JR. 2i ty Attorney (Notarial acknowledgement of execution by DEVELOPER and SURETY must be attached. I 16 -2- 2 3 according to their true intent and meaning, and shall indemnify and save harm- ess the CITY, Its officers, agents and employees, as therein stipulated, then -his obIigation shal\ become null and void; otherwise, it shall be and remain 4 5 6 7 0 9 10 11 12 13 14 If It 1 n full force and effect. As a part of the obllgation secured hereby and in additlon to the face 3moun-t specified therefor, there shal I be included costs and reasonable expenses snd fees, including reasonable attorney's fees, incurred by the CITY in success- fully enforcing such obligation, all io be taxed as costs and included in any -QIU awe. - judgment rendered. The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be per- formed thereunder or the specifications accompanying the same shall in any way affect its ob1 igations on this bond, and it does hereby waive not1 ce of any such change, extension of time, alteration or addition to the terms of the +.. - agreemznt or to the work or to the spec! f ications. IN WITNESS WHEREOF, this instrument has been duly executed by the DEVEL- January 17 , 1984_. *. 4CKh JLEDGMENT OF ANNEXED INST"'JML 6s.: STATE OF CALIFORNIA COUNT~OF LOS Angeles On this 17th day of January in the year Nineteen Hundred Eighty Four before me, Barbara Ann Hunt , a Notary Public, State of California, duly commisioned and sworn, personally appeared Paul Wicker sham personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney- In-Fac t of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Federal Insurance Company IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the State of California County of LOS Angeles on the date set forth -above in, this certificate. BARBARA ANN HUNT NOTARY PUBLIC - CALIFORNW PRINCIPAL OFFlCE IN COS ANGELES COUNTY My Commission Expires September 26, 1986 MY Notary Public, State of California commission expires September 26, 1986 Fm 21-1- (Rev. 12-82) CAL. (corpontion] mlvD U.S.A. J &I I 2 2 4 E; U 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _- A. LABOR AND MATERIALS BOND NAME OF DEVELOPER: Pea Soup Ltd. DATE OF AGREEMENT: December 16, 1983 TITLE OF AGREEMENT: DEVELOPMENT NAME OF DEVELOPMENT: Jea .-I< NAME OF SURETY: AMOUNT OF BOND: $33~~~~~~0~ BOND NUMBER: 8092-61-82 EFFECTIVE DATE: December 16, 1983 Federal Insurance Company PREMI UM: $3,320. WHEREAS, the City of Carisbad, State of California, hereinafter referred to as CITY, and the Developer named on Line I of Page I hereof, hereinafter re- ferred to as DEVELOPER, have entered into an agreement whereby DEVELOPER agrees to instal I and complete certain designated pub1 ic improvements, which sai'd agree ment, dated as shown on Line 2 of Page 1 hereof and entitled as shown on Line 3 of Page I hereof, for pub1 ic improvements appurtenant to the Development namec! on Line 4 of Page I hereof, is hereby referred to and made a part hereof; and b .. - WHEREAS, under the terms of said agreement, DEVELOPER is required, before entering upon the performance of the work, to file a good and sufficient pay- ment bond with the CITY to secure the claims to which reference is made in Title 15 (commencing with Section 30821 of Part 4 of Division 3 of the Civil Code of the State of California; NOW, THEREFORE, said DEVELOPER and the Surety named on Line 5 of Page I hereof, hereinafter referred to as SURETY, are held firmly bound unto the CITY and at I contractors, subcontractors, laborers, material suppliers and other persons employed in the performance of the aforesaid agreement and referred t,? in the aforesaid Code of Civi I Procedure in the sum of the amount stated on Line 6 of Page I hereof, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect $0 Such work or labor, that said SURETY will pay the same in an amount not exceeding .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 nn . -. the amount hereinabove set forth, and a so in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by CITY in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit.of any and all persons, companies and corporations entitled to f claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligati le n n shall become null and void; otherwise it shall be and remain in full force . effect. and 'U. - The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the DEVELOPER - - 2 ~iinr-rv -h...,- nn .lanuarv 17 , 1984 . r STATE OF CALIFORNIA 1 84 On this 17 th day of January , in the year 19-. before me, the undersigned, a Notary Public in and for said State, personally appeared COUNTY OF Sari Dmo Timothy J. O'Healy , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Partnership named therein, and acknow- ledged to me that the WITNESS my hand and official seal. Partnership executed it. Notary Public in and for said State. 20 XKMOWLEffiMEMT*~* 01 LmHd hnWSho-1wcar hm, I=-kr fP CW32 WOLCOTTS IMC II I 1 z i 4 f E r 1 I s 1c 11 12 111 14 1: 16 17 18 19 20 21 f 24 25 26 27 28 the amount here nabove set forth, and a bond, will pay, in addition to the face expenses and fees, including reasonable so in case su t is brought upon this amount thereo , costs and reasonable attorney’s fees, incurred by CITY in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit.of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition shall become null and vo effect. The SURETY hereby st of this bond be fully performed, then this obligation d; otherwise it shall be and remain in full force and . .I. - pulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the DEVELOPER and SURETY above named, on January 17 , I984 . Federal Insurance Company PAUL WICKERSHAM ATTORNEY -IN-FACT (Notarial acknowledgement of execution by DEVELOPER and SURETY must be attached: .”/ .. .. i. *. -I .” - K&IDGMENT OF ANNEXED INS I ..OM@ ss.: STATE OF CALIFORNIA COUN~OF Los Angeles before me, Barbara Ann Hunt , a Notary Public, State of California, duly commisioned and sworn, personally appeared Paul Wickersham personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney -In-Fact of the corporation that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. Insurance IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the State of California County of LOS Angeles certificate. BARBARA ANN HUNT My 6mmission Expires September 26,1986 1 NOTARY PUBLIC - CALIFORNIA PRINCIPAL OVlCE IN ‘ LOS ANGEW COUNTY Fam 21-100330 (R.V. 1262) CAL. (corpmcion) I My commission expires September 26, 1986 -IFD U.S.A. each its true and lawful Attorney-in-Fact to execute under such designation in b name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds or obligations given or executed in the course Of its business, and any instruments amending or altering the -me. and con- sents to the modification or alteration of any instruments referred to in said bonds or obligations. Corporate -‘- STATE OF NEW JLRSEY County of Somerset Onthir 19th dayof October 19 8 3 . bofon me PWWMllYunU RChUd D OcOnnOr10 ma kwn and by me known 10 bo hmtant s.CWfyd Ihe CEOLRAL M- SURANCE COUPANY. the corporation dercrrbed in and which arecuted the bmgoq Pomr of Anomsy, and the sad Ruhard D OConnor king by me duly sworn. dd d.por and that he b As8nunt Secretary Of the FEDERAL INSURANCE COUPANY .nd k- th. corporate r8I Iheroof. Ihu the sed aflixod 10 the fmng Pm of Attorney m such CofporUe mal and was th.nto affixed by authority of the By-Uws of sad Company. and that he signed raid P0W.r ol Attorney Y kratant Scretuy of rud c0mP.n~ by WU uthorny. and (hat he m acquaintmi with George McCWlan and km him to be tho histant Vie-Presieant Of sand Company. and that the mignaturn of sad Goorga McClellan rubscM 10 sad Power of Anonwy m in the mine handwritwig of rad George McCbIim and was thoreto subscribed by .umonty of saicI and Sworn to b.tor. m CERlWCAllON PATRICIA RYAN MARY WBUC OF NEW My Commission troins kcember 11. 1983 STATE OF NEW JERSEY Comty of Somerset I, lhs unb.nrgned. baatan1 Summy ol V, FEDERAL INSURANCE COUPANY, do horoby anity that m0 W0wiq1 k a trw oxcefpt from the By-bwr ot the ud caP.ny .r adoold by i(. Board of Directors on March 11.1053and mi mcwiHywnd.d Much 11.1983 and that thts ByLw m m tun brce and olfrct