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
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May 17, 1984
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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.
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RESTAURANTS- INNS- SERVICE STATIONS SANTA NELIA- CARLSBAD- BUELLTON, CALIFORNIA
CITY OF CARLSBAD
Inter-Office Correspondence
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Date: Signature:
10/83
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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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 '-
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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
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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.
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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.
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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
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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
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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
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I' A?/..(- LJ -'
SURETY
PAUL WICKERSHAN ATTORNEY -IN-FACT
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4PPROVED AS TO FORM:
JINCENT F. BIONDO, JR.
2i ty Attorney
(Notarial acknowledgement of execution by DEVELOPER and SURETY must be attached. I
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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
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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
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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
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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_.
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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]
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U.S.A.
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_- 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
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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
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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
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shall become null and void; otherwise it shall be and remain in full force .
effect.
and
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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
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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 .
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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:
.”/
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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