HomeMy WebLinkAbout1984-06-19; City Council; 7793; FINAL MAP CARLSBAD TRACT 83-08 (TAMARACK 7)L
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9, L / CITmF CARLSBAD - AGENDeILL
AB# 779 3 TITLE: FINAL MAP DEPT. HC
CITY ATl MTG. (TAMARACK 7)
DEPT. ENG CITY MG
RECOMMENDED ACTION:
6/19/84 CARLSBAD TRACT 83-8
Approve final map of Carlsbad Tract 83-8,
ITEM EXPLANATION:
Engineering staff has completed checking the final map of
Carlsbad Tract 83-8, a 7-unit Planned Unit Development project
located north of Tamarack Avenue between Margaret Way and Adan
Street for conformance with the Subdivision Map Act and the
Carlsbad Municipal Code. The final map conforms substantiall.
with the Conditions of Approval and the tentative map as
approved by Planning Commission on July 13, 1983, per Planninl
Commission Resolution No. 2144.
FISCAL IMPACT:
The Developer has signed an agreement to pay 2% of the proposc
building valuation to provide future public facilities and ha( paid Park-In-Lieu Fees of $4,928 to the Area I Park Account.
Park fees were $704 per unit based on seven single-family uni-
in Area I.
EXHIBITS:
1. Location Map and Plat of Project
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ION Bovrvcrqw ---- ----
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CAREBAD TMCT NO. B-8
rl) CITY OF CARLSBAD 0
Inter-Office Correspondence
TO: c Lf5LK 1 OFFICt: I FROM: (?y& R P&f+'i- I DATE: I SUBJECT: c~ 8 3-8 WGL$I~~ G>A cfc~;$I 1 I I
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Attachments: h Reply Requested: Signature: 6,hz+ -
REPLY:
Date: Signature:
10/83
GRADING AND EROSION CnNTROL
I V 'aD CASH SECURITY m
Name of Developer: T-7, a California general partnership
Name of Development: Tamarack Seven (CT 83-8)
Location of Grading: Adair Way and Tamarack Ave., Carlsbad
Amount of Cash Deposit: $1,031.00
Tota? Amount of Grading Bond:
Grading Permit No:
Rect d 3 $9,278.00
/y=. z 'g5- y#
WHEREAS, the Developer named on Line 1 of Page 1
hereof, hereinafter referred to as DEVELOPER, has applied,
pursuant to Chapter 11.06 of the Carlsbad Municipal Code, f
grading permit to perform excavation or fill work, or both,
within the City of Carlsbad, State of California, more spec
cally described in the application for grading permit for t
Development .named on Line 2 of Page 1 hereof, located as st
on Line 3 of Page I hereof, is hereby referred to and made
part hereof; and
WHEREAS, the CITY ENGINEER has determined to apprr
said application and issue said permit subject to certain 1
ditions as set out in said permit: and
WHEREAS, DEVELOPER is required under the terms of
permit and said Chapter 11.06 to furnish a bond for the fa
ful performance of his or her obligations thereunder; and
WHEREAS, the CITY ENGINEER may require, pursuant
section (f) of Section 11.06.080 of the Carlsbad Municipal
that up to ten percent of the grading bond be submitted in
form of a cash deposit to insure that adequate safeguards
prevention of erosion and sedimentation are in place when
needed; and,
WHEREAS, the CITY ENGINEER has determined that a
am rn
deposit in the amount stated on line 4 of page 1 thereof is
nee2ssary; and,
WHEREAS, DEVELOPER has submitted herewith, cash in
mount stated on line 4 of page 1 hereof;
NOW, THEREFORE, DEVELOPER agrees as follows:
1. in the event the CITY ENGINEER determines that
adequate safeguards for the prevention of eros
and sedimentation are not in place when needed
required under the terms of said grading permi
the City may utilize any or all of the cash de
5r: the amount stated on Line 4 of Page 1 hereo
install such safeguards as the City Engineer rn
deem reasonable for the prevention of erosion
sedimentation of the grading site. .-
2. Upon the determination of the CITY ENGINEER th
the grading site has been adequately stabilize
with respect to the potential for erosion and
mentation control, the CITY ENGINEER shall re11
any remaining monies held in deposit by the Ci
3. The City shall pay no interest on any monies hl
on deposit as security for the faithful perfori
of the work required under the said grading pe
4- That this agreement is in addition to and not
any other agreement or bond relating to said g)
permit.
//
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I 5 , personally known to me or proved to me on the basis of satisfactory evidence to be the erson 5 who executed the within instrument as of the partners of the partnership that 'executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
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PAM.ELA J CASH PJOTARY FilELIC - CALIFORNIA
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(This area fnt offirial nntiriai real\
:I 9 CITY OF CARLSBAD 0 ‘I : ;!
r Inter-Office Correspondence $1
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SUBJECT: &/Kd I I I I
FROM: I DATE: 3/59 /&
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Reply Requested: do- Signature:
R~PLY:
Date: Si gnat ure:
10/83
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VISION IMPROVEMENT AGREE
DATE OF AGREELWNT: February 14, 1984
NAME OF SUBDIVIDER: T-7 a California general partnership
NAME OF SUBDIV1SION:Carlsbad Tract 87 8
RESOLUTION OF APPROVAL NO.: 2144 ADOPTED: Julv 13.1983
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-e IC-'IPROVEMENT DRAF'JINGS NO. : +/+CY- 1
ESTIMATED TOTAL COST OF IPIPROVENENTS:$45 687.00
ESTIMATED TOTAL COST OF MONUMENTATION:
TIME LIMIT FOR COMPLETION OF IMPROVEMENTS:
SURETY AND BUND NO.
57-d) ,.'-'.. i '2
This agreement is made and entered into by and between th
City of Carlsbad, California, a Municipal Corporation of the
State of California, hereinafter referred to as city; and the
Subdivider named on Line 2 of Page 1 hereof, hereinafter refer
to as Subdivider.
RECITALS :
WHEREAS, Subdivider has presented to City for approval ar
recordation, a final subdivision map of a proposed subdivisior
stated in Line 3 of Page 1 hereof pursuant to provisions
of the Subdivision Map Act of the State of California, and in
Compliance with the provisions of Title 20 of the Carlsbad
Municipal Code, hereinafter referred to as Code, relating to 1
filing, approval and recordation of subdivision maps; and
WHEREAS, a tentative map of the subdivision has been app:
subject to the requirements and conditions contained in the
resolution listed on Line 4 of Page 1 hereof. Said resolution
on file in the office of the City Clerk and is incorporated h
by reference and made a part hereof; and
WHEREAS, the Code provides that before the final map is
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approved by the City Council, Subdivider must have complied F
the requirements of said resolution and must have either ins1
and completed all of the public improvements and land develo]
work required by the Code and said resolution to be installet
subdivisions before final maps of subdivisions are approved 1
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 appro7
improvement security to insure the performance of the work pi
to the requirements of the Code, agreeing at its own expense
install and complete, free of liens, all of the public improT
and land development work required in the subdivision within
definite period of time prescribed by the Council: and
WHEREAS, Subdivider, in consideration of the approval ar
recordation of this map by the Council, desires to enter intc
agreement wherein it is provided that Subdivider will install
complete at its own expense, all the public improvement work
required in connection with the proposed subdivision and will
deliver to City an improvement security as approved by the Ci
Attorney: and
WHEREAS, complete plans and specifications for the const
tion, installation and completion of the public improvement w
have been prepared and approved by the City Engineer, as show
the drawings listed on Line 5, of Page 1 hereof which have be
filed in the office of the City Engineer and are incorporated
reference herein and made a part hereof; and
WHEREAS, it is necessary that certain monuments and stak
as specified on the final map shall be installed within thirt
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days after completion of the required improvements and their
acceptance by City, and that street signs be placed at inter-
sections, as required by the Code; and
WHEREAS, an estimate of the cost of constructing the publi
improvements and necessary land development work in connectiol
therewith according to said plans and specifications has been
and has been approved by City Engineer in an amount stated on
Line 6 of Page 1 hereof, which estimate is attached hereto, m
Exhibit A and made a part hereof; and
WHEREAS, an estimate of the cost for the installation of
monuments has been approved by City Engineer in an amount sta
on Line 7 of Page 1 hereof, which estimate is attached hereto
marked Exhibit B and made a part hereof;
NOW, THEREFORE, in consideration of the approval and
recordation by the City Council of the final map of this sub-
division, and other valuable consideration, Subdivider and Cj
agree as follows:
1, Subdivider shall:
(a) Comply with all the requirements of said tentat:
map resolution, and any amendments thereto and I
the provisions of the Code.
(b) Complete at its own expense, in accord with the
and specifications and to the satisfaction and i
of the City Engineer, all of the public improve
and land development work required in and adjoi
the subdivision.
(c) Furnish the necessary materials therefor, in co
formity with the plans and specifications on fi
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in the office of the City Engineer.
Notify City Engineer in writing at least fiftee
days prior to the commencement of the work here
so that City Engineer shall be able to provide
services of inspection.
Complete the improvements under this contract c
or before the time limit stated in Line 8 of Pa
hereof.
Install all monuments required by law within th
days after the completion and acceptance of the
improvements by the City Engineer.
Install temporary street name signs if permanen
street name signs have not been installed.
If any of the public improvement and land developmen
work contemplated by this agreement is to be constructed or i
led on land not owned by Subdivider, no construction or insta
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(f)
(9)
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shall be commenced prior to the dedication and acceptance by
of appropriate easements.
3. The City Engineer or his duly authorized representat
upon request of Subdivider, shall inspect at Subdivider's exp
the improvements herein agreed to be constructed and installe
Subdivider, and if determined to be in accordance with applic
City standards and the terms of this agreement, shall recomme
the acceptance of such improvements by City. Subdivider shal
at all times maintain proper facilities, and provide safe acc
for inspection by City, to all parts of the work, and to the
wherein the work is in preparation.
Subdivider shall furnish to City good and sufficient 4.
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security on forms approved by City, in the amount of 100% of t
estimated cost of said improvements as stated on Line 6 of Page
hereof, to assure faithful performance of this agreement in
regards to said improvements, and in the additional amount of '
of said amount for securing payment to contractor, his subcont:
tors and persons renting equipment or furnishing labor or mate
to them for the improvements required to be constructed or
installed hereby, and in the additional amount of 25% of said
amount to guarantee or warrantythe work done pursuant to this
agreement for a period of one year following acceptance therec
by City against any defective work or labor done or defective
materials furnished,
security in the amount of 100% of the estimated cost of settii
subdivision monuments as stated on Line 7 of Page 1, hereof ai
as required by this agreement. The securities required by th.
agreement shall be filed with the City Clerk and when so file
shall be incorporated by reference herein.
Subdivider shall furnish to City Such
5. Any changes, alterations or additions to the improve
plans and specifications or to the improvements, not exceedir
of the original estimated cost of the improvement, which are
mutually agreed upon by City and Subdivider, shall not relie1
the improvement security given for faithful performance of tl
improvement. In the event such changes, alterations, or add
exceed 10% of the original estimated cost of the improvement
Subdivider shall provide improvement security for faithful p
formance as required by Paragraph 4 of this agreement for 10
of the total estimated cost of the improvement as changed, a
or amended, minus any completed partial releases thereof as
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by Paragraph 6 of this agreement.
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 fii
completion and acceptance of the act or work, 1
to the provisions of Subsection (2) hereof.
(2) The City Engineer may release a portion of the
security in conjunction with the acceptance of
performance of the act or work as it progresser
upon application therefor by the Subdivider; p:
however, that no such release shall be for an 4
less than 25% of the total improvement securit:
for faithful performance of the act or work ani
that the security shall not be reduced to an a
less than 50% of the total improvement securit:
given for faithful performance until final corn
and acceptance of the act or work. In no even
the City Engineer authorize a release of the i:
ment security which would reduce such security
an amount below that required to guarantee the
completion of the act or work and any other ob
imposed by the Code, the Subdivision Map Act o
agreement.
(3) Security given to secure payment to the contra
his subcontractors and to persons furnishing 1
materials or equipment shall, six months after
completion and acceptance of the act or work,
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reduced to an amount equal to the amount of all c
therefor filed and of which notice has been given
the legislative body plus an amount reasonably de
mined by the City Engineer to be required to assu
performance of any other obligations secured the1
The balance of the security shall be released up(
settlement of all such claims and obligations foi
which the security was given.
No security given for the guarantee or warranty t
work shall be released until the expiration of t
period thereof and until any claims filed during
period have been settled.
(4)
7. Subdivider shall replace, or have replaced, or repair
have repaired, as the case may be, all pipes and monuments sh
the map which have been destroyed or damaged, and Subdivider
replace or have replaced, repair, or have repaired, as the ci
be, or pay to the owner, the entire cost of replacement or re
of any and all property damaged or destroyed by reason of anj
done hereunder, whether such property be owned by the United
or any agency thereof, or the State of California, or any agc
political subdivision thereof, or By the City or by any pub1
private corporation, or by any person whomsoever, or by any
nation of such owners. Any such repair or replacement shall
the satisfaction, and subject to the approval, of the CityEx
8. Subdivider shall, at Subdivider’s expense, obtain a1
necessary permits and licenses far the construction Of Such
improvements, give all necessary notices and pay all fees ar
taxes required by law.
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9. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider authorizes City to perform E
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obligation twenty days after mailing written notice of defau:
Subdivider and to Subdivider's Sureky, and agrees to pay tht
cost of such performance by City.
The sums provided by the improvement security may bt
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 1
completion, by contract or by any other method City may deem
advisable, for the account and at the expense of Subdivider,
Subdivider's Surety shall be liable to City for any excess c(
or damages occasioned City thereby; and, in such event, City
without liability for so doing, may take possession of, and 1
in completing the work, such materials, appliances, plant an(
property belonging to Subdivider as may be on the site of thc gZ22 5 [ z 17 9 c 18
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and necessary therefor.
10. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider agrees to pay all costs and
expenses incurred by City in securing performance of such
obligations, including costs of suit and reasonable attorney
fees.
11. Subdivider shall guarantee or warranty the work done
pursuant to this agreement for a period of one year after fii
acceptance of said work against any defective work or labor (
or defective materials furnished. If within said period any
structure or part of any structure furnished and/or installec
constructed, or caused to be installed or constructed by
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Subdivider, or any of the work done under this agreement, fails
to fulfill any of the requirements of this agreement or the pla
and specifications referred to herein, Subdivider shall without
delay and without any cost to City, repair or replace or recon-
struct any defective or otherwise unsatisfactory part or parts
the work or structure. Should Subdivider fail to act promptly
in accordance with this requirement, Subdivider hereby authoril
City, at City's option, to perform the work twenty days after
mailing written notice of default to Subdivider and agrees to
pay the cost of such work by City. Should the exigencies of t
case require repairs or replacements to be made before Subdivi
can be notified, City may, at its option, make the necessary
repairs or replacements or perform the necessary work and Sub-
divider shall pay to City the cost of such repairs.
12. Neither Subdivider nor any of Subdivider's agents or
contractors are or shall be considered to be agents of City ir
connection with the performance of Subdivider's obligations UI
this agreement.
13. Nothing contained in this agreement shall preclude C
from expending monies pursuant to agreements concurrently or
previously executed between the parties, or from entering int
agreements with subdividers for the apportionment of costs of
water and sewer mains pursuant to the provisions of the Carls
Municipal Code providing therefor, nor shall anything herein
stated commit City to any such apportionment.
14. Until such time as all improvements required by this
agreement are fully completed and accepted by City, Subdividt
will be responsible for the care, maintenance of and any dami
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-darning to the traveling public of each and every dzngerous
r-ondition existent i.n said *ixprovements, and will protect tne I' I 'traveling public from such defective or dangerous conditions.
The Srrbdivider hereby agrees to pay for such inspection of su(
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Glimprovements as nay be required by the City Engineer of the
City.
15. Upon acceptance of the work on behalf of City arid
recordation o€ the Yotice of Completion, ownership of the
improvements constructed pursuant to this' agreement shall vesi
in City.
16. Acceptance of the work on behal'f of City shall be mi
by the City Engineer upon authorization of the City Couacil.
acceptance shall not constitute a waiver of defects by City.
17. The City or any officer or enployee thereof shall nc
be liable for any injury to persons or property occasioned by
reason of the acts 'or omissions of Subdivider, its agents or
ij exployees in the performance of chis agreement. SuSdivider
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lfurther agrees to protect and hold harmless City, its officia
and employees from any and all clairns, demands, causes of act:
Iiabiliky or loss of any sort because of, or arising aut of ac
or omissions of Subdivider, its agents or employees in the pe:
formance of this agreement, including claims, denands, causes
of action, li-ability, or loss because of, or arising out of t:
design or construction of the improvements: provided, howeve
that the approved improvement security shall not be requi.red
cover the provisions-of this paragraph. Said indemnification
agreement to hold harmless shall extend to injuries to person
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maintenance of drainage systems, streets and other improvement,
Acceptance by khe City of the improvements shall not cCnstitUti
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of the diversion of waters from the design construction or
an assumpti.cn by the Citl7 of any responsibility for such damag
or taking. City shall not be an insurer 3r suret.] for the des
9,or construction of the subdivision pursuant to the a2proved
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I improknent -plans c i Provisions of this pkragraph shall remain
full force and effect for 10 years following the acceptance by
the City of the improvements.
18. Ci-ty shall notl nor shall any officer or einployee tk.
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of, be liable or responsible for any accident, loss or damage
happerring or occurring to the work or inprovements ipecified :
this agreement prior to the completion ant? acceptance of same
shall said City, nor any officer or employee thereof, be liab
for any persons or property injured by reason of said work or
improvements, but all of said liabilities shall be assumed by
Subdivider.
19, Sale or other disposition of this property wfll not
relieve Subdivider from the obligations set forth herein.
20, Time is of the essence of this agreement. Subdivid
shall commence substantial construction of the improvements
required by this agreement not later than nine months prior t
the time for completion. Provided that in the event good cat
is shown therefore, the City Council may extend the time for
commencement of construction or completion of the improvemen1
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I hereur.der. Any swli ext.ensiori may be cjxantcd witkout notice 4
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3 - e! Subdivider's Surety am3 shall in iio ~~jay affect the validity 0'
ithis agreement or release the:Surety or Scrcties on any bond I
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given for the faithful performance of this agreemelit. . a he .Ci
Council shall be the .sole and final judge as to whether or no
good cause has been shown to entit.le.Subdivider to an extensi
As a condition of such extensions the.City Co.unci1. play rccpir
Subdivider to furnish new security quaranteeing perfokmarice o
the agreement as extefided in an increased arnount as necessary
compensate for any increase in construction costs as dete,nnin
by' the City Engineer.
Failure of Subdiekder to comply with the terms of this a
rent sfiall constitute conserit. to the-.filing by City of a noti
bKcm zg 3' >k Q: 17 3 suit and a reasonable sum as attorney's fees.
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of Carlsbad, acting by and through its Cit.y Manager, pursuant
to Section 20.16.060 of the Carlsbad Muni.cipa.J- Code authorizj
such execution, and by Subdivider.
-- ' 19XL DATED this 14th - day of March
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1 (Notarial acknowledgement of execution of Subdikrer must bc
attached. )
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___ -- VIMCCNT F . BIONDO, Jfi. City Attorney LdQ& --
FS,NR D. ALESHIRE, City Naniic
STATE OF CALIFOX4IA )
COUNTY OF SAX DIEGO )
) ss.
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On this&k -- day of /.?/A_ , , in the year /fJ$( before I
the undersigned, a Notary Publlc in and for sazd State, pe appeared Frank D. Aleshire, known to me to be the City Malit
the City of Carlsbad, a municipal cor2oration of the State California known to me to Le the person who executedethe w instrument on behalf of said municipal corcoration, and ac ledged to me that such City of Carlsbad, California, execu
the same.
WITNESS my hand and official seal.
1
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S~I Cicgr, Cciinty
f ion ission bpi: SeDt 2 yw y: k&bS&4 -
4’
NOT RY PUnLl$
CAT NO “00630
TO 1946 CA (7-82) TIN€ INSURANCE AND TRUST
ATIWR COMPANY
g (Partnership)
said State, personally appeared w 0: W I 2 0
, personally known to me or proved to me on the basis of satisfactory evidence to be
the pe;scy$& who executed the within instrument as
of the partners of the partnership that executed the within instrument, and acknowledged
WITNESS my hand and official seal.
TI L., 8
to me that such partnership executed the same.
/“I 3 -> _- -x- ,/----- /
--_ si4 2) !M~;c! //-k’\ -_. /:I,
i
. 1-k
(This area for official notarial seal)