HomeMy WebLinkAbout1985-03-19; City Council; 3795-5; ACCEPTANCE OF PUBLIC IMPROVEMENTS CT 76-11, UNIT 2 TAMARACK SHORESAB# 3 79S= a;6c
MTG. 3/19/85
DEPT. ENG
TITLE DEPT.
CITY A
CITY N
ACCEPTANCE OF PUBLIC IMPROVEMENTS
CT 76-11? UNIT 2 TAMARAEK SHORES
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CARLSBAD DEVELOPMENT CORPORATION
Builders & Developers
390 OAK AVE., SUITE ‘0’
P.O. BOX ‘B’
CARLSBAD, CALIFORNIA 92008 Telephone (714) :
April 28, 1983
City of Carlsbad
1200 Elm Avenue Carlsbad, Ca. 92902
Attn: Ehgineerink Dept .
Re: Tamarack Shores, Tr. 76-ll bZ
Gentlemen:
Xe have completed the above tract and hereby request the
release of our bond for the offsite improvements or a reduction there( Please advise if we can submit aw additional information.
Yours very truly,
CmSB ,D DJXELOPMZNT COWORAT Q2-k >./I- (
E’ ?John E. piccoy
JR4/ j
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EXHIBIT 1
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NOTICE OF COMPLET1,ON
FOR- PROJECT IMPROVEMENTS
ENGINEERING
To All Laborers and Material Men and to Every Other Person
Interested:
YOU WILL PLEASE TAKE NOTICE that on October 24, 1984
The Engineering project consisting of street improvements for CT
76-11 unit 2, Tamarack Shores on which Carlsbad Development
Corporation was the Contractor, and American Motorists Insurance
Company was the Surety, was completed.
CITY OF CARLSBAD
7-25 k. PDF c-
City Engineer
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad; the City
Council of said City on March 19,,1985 accepted the
above described work as completed and ordered that a Notice of
Completion be filed.
I declare under penalty of perjury that the foregoing is
true and correct.
Executed on March 20, 1985 at Carlsbad,
California.
CITY OF CARLSBAD
LzAPLRQ-
City Clerk
d t -m a
1200 ELM AVENU ~ TELEPF
CARLSBAD, CALiFLANIA 92008 (619) 434
Offlce of the City Clerk MitD Df Marlsbnb
July 27, 1989
Carlsbad Development Company
2725 Jefferson St., Suite 12
Carlsbad, CA 92008
RE: BOND RELEASE - CT 76-11, Unit 2 Tamarack Shores
Per instructions from our Engineering Department we are releasii
the following bonds:
Faithful Performance Bond No. OSM 557 599
American Motorists Insurance Company
Remaining 25% - $82,500
Faithful Performance Traffic Signal Bond No.
American Motorists Insurance Company
Labor & Materials Traffic Signal Bond No.
American Motorists Insurance Company
OSM 557 600
100% - $15,000
OSM 557 600
100% - $7,500
We are returning the original bonds to you so that you may retui
them to your surety. $9 eputy ity Clerk
KRK/kds
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ENGINEERING DEPARTMENT
SECURITY RELEASE
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TO: CITY CLERK DATE: ?jl! 5
FROM: ENGINEERING DEPARTMENT AUTHORIZED BY: Qa $L---
PROJECT NAME
The Engineering Department hereby authorizes the following Action for the below ref€
secured agreements:
// Security Reduction /-i Warranty Release flfi A902
)Q Project Completion Release
I."&&
~ff. Secur. Secur. Curnt .
Date Form ID NO. Amt . Security Type (&&&gk
BDhJ 05m557597 8.2, FL90. w' -
/-7 Labor and Materials Security** -
/-7 Monumentation Security -
formance Security-@ p ~5flS.57~00 /."",@D&. -
ateri a1 s Securi ty4 DVl557k$&O Z5D5* -
/7 Grading and Erosion Control Security -
fl Other (list) T
& Faithful Performance Security&
s r'p 4
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Name of Surety: Mail Copy of Release to:
1 4- &rP2 [b&/5 &.&g A2 f&9pBq&wh
2725 J&4s&Ip/l,
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Sfe. 12 Address :
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U5ka6( LA. 92008
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* For project completion release - 25% of Security to be retained for one y warranty security
For project comaletion release - 100% of bond to be retained for 6 months foi
recordation of Notice of Completion
**
Prepared by:
UPON APPROVAL PROVIDE COPY TO ENGINEERING WORD PROCESSOR
‘*., I) e f’
1200 ELM AVENUE TELEPH( CARLSBAG, CALIFOSNIA 92OOe (714) 438
Office of the City Clerk
Cirp of CarIs’bab
May 6, 1985
John McCoy
Carlsbad Development Corp.
390 Oak Ave., #O
Carlsbad, CA 92008
Re: Bond Release for CT 76-11, Unit No. 2
The Notice of Completion for the above referenced
subdivision has recorded.
Per instructions from our Engineering Department we are
releasing 75% of the Faithful Performance Bond No. . OSM 557 599, American Motorists Insurance Company, Please
consider this letter as your notification that $61,875 of
the Faithful Performance Bond is hereby released. We are required to retain the remaining 25% for a period of one
year. At that time, if no claims have been filed, it will be released.
The Labor & Materials Bond No. OSM 557 599, in the mount
of $82,500 will be released in six months.
We are also releasing Monumentation Bond No. OSM 557 601, in the amount of $4,200.
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F-7- REN R. KUNDTZ
Deputy City Clerk
Enc .
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CITY OF CARLSBWD b ---- .'
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INTER-OFFiCE CORRESPONDENCE
TO : City Clerk
FROM: OFF I CE :
SUBJECT: DATE : ,, -- I
MESSAGE: Please release the following Bonds on file in your office for subject subdi
Bond No. Pmou n t Date Insurance Cc Ef fecti ve
('i 1 Fai thflml Performance Bond
Labor & Materials Bond (2) "I ._
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'"7'5% of Bcnd to be released after recordation of Notice of Completion. r'
25% of Bond to be retained For one year after recordation of Notice of Completion,
(garranty Bond). Final inspection required for Bond release.
(2)lao% of Bond to be retained for 6 months after recordation of Notice of Compfetion.
Please mall a copy of the letter of release to:
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REPLY:
DATE : SIGNATURE:
TELEPHO
(714) 438-5
1200 ELM AVENUE e *
CARLSBAD, CALIFORNIA 92008
r
Office of the City Clerk
December 3, 1981
AI Barker Bonds
685 Carondelet Street
Los Angeles, California 90057
Re: Faithful Performance Bond No. OSM 557 539
Tamarack Shores Unit 2, CT 76-11
Per instructions from our Engineering Department would you
please reduce the above referenced bond from $165,000 to
$82,500.
Thank you for your attention to the above matter. If you have
any questions, please do nok hesitate to contact us.
l16k9!&g&u7 ALETHA RAUTENKRAWZ
City Clerk
cc: John McCoy
Carlsbad Development Corporation
d CITY OF' C,'IRL':RAE II)
7 : 1 t e r - 0 f f i c t: L" 3 I L 3 L 3 3 nc3 e n c e
-- .~---"- -----I-..- - -- - ._- -- --- -.---~-I---.- I--_-I____" ._______-___ -_ + -__ ._
TO :
-. - -.---I- - - I--I_------ _-.I --- .-----.1---- I-__-___
CITY CLERK ! c\r7-rr7. CURKNT DE\1EL::PhE!\JT
---_I_ -~ i '** L A*- .,"
~ I- -- ___- .----_-.^
F~SJ~: ENGINEERING I
~~UBJ~CT: CT 76-1 1 Unit 2
---- D --I__ g NOVEMBER 23, 1981 -- DATE : -__.--_ ----
-. ~ ---- --*--- -----
..---------- ---I_-I___ _-_-__
--_I- ------ ..------.I----111- --______ ---
-------l___l___
MESSASE:
Please reduce the amount of Faithful Performance Bond OSM 557 599 - American Motoris
Insurance Company, Effective Date, November 4, 1980
Current Amount $165,000,00
New Amount $ 82,500.00
I__I--- -I---- l______l___ -_I__-___ -- ---I- -- --- --I
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Attachenis: Zeply requested:
Signature: \
JlH CENT0
_l_____.._l_
-^--__I__ -- -__------- ----___ - -__-- --_I
REPLY : -
--- Yat.2 : - - Signature:
__II -y_- - I_ 1_1----
1) V*UHAI\UL-
ESOURCES
ORPORATION
INSUUANCE AGENTS AND BROKERS
54/BEVERLY HILLS, CALIFORNIA SO211
(213) 651 4811
TO: City of Carlsbad DATE: December 5,
1200 Elm Avenue
Carlsbad, CA 92008
ATTN: MS. ANITA D. MURPHY
DEPUTY CITY CLERK
Dear Ms. Murphy:
RE: TAMARACK SHORES
CARLSBAD TRACT 76-11, UNIT #2
SAFECO BOND #4083701, 4082173, 4082174
we are aware that the referenced bonds have been returned
to Safeco Insurance Company since the City of Carlsbad has
accepted new bonds from the new buyer, Carlsbad Condominium
Corporation.
However, the surety needs to know the following information:
l.were the referenced bonds ever filed?
2. the nane of the surety company through whom the bonds
were replaced and the bond numbers as well as the
effective date
Your prompt response to this inquiry will be sincerely appreciated.
Sincerely,
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Line 6 of Page 1 hereof, for materials furnished or labor thereon of any
or for armunts due under ihe Unemployment Insurance Act with respect -to
worh or labor, that said SURETY wi I I pay the same in an amount not excee
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pe rana I ly ap pe are ti . GW~V A.-.Nesseth
kito+vrt to me IO iic the 1’ rc> i ri cn t . ‘I 11 (i > c) ~ . .Job E, McCoy ~ ~ ~ , k:ll~\\ll tll 1111~ 10 I!(,
Swri.t.lry of thi, r.orpor;i:ion tii.it ?\(’( rltc.~! tjrc c 0
0 - within ln~tl-uni~rit. known to nie ti) lit% this 1~vtw11. it IIO (.\vi ~~tr,(l till.
i+ it hi,^ l~!..t,~r~~~:~t OII I)~-llttlf of th(> ~~~Io~~~I(III [hcrtrirt uLiiiircl. riiiil ~~~~kno~~lc~lged io me that ii1c.h c,ot-[ior-atioll c\<’, Iltt,il the 1% ilhiri
in*trimie,it piir\uCtnt to it> I>y-Ia\\s or a rwoIiItion of it. i)o;ird of 8
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1( ditectors. 4
g3 E. Lynne Rimer
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_~_~~-_ . . ,_ -9 c o Sipriaturc---~- ‘:--:
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FOR NOTARY SEAL OR STAMP
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It is hereby expressly stipulated and agreed that this bond shall
Should the condition of this bond be fully performed, then this ob1
The SURETY hereby stipulates and agrees that no change, extension c
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IN WITNESS WHEREOF, this instrument has been duly executed by the C
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POWER OF ATTORNEY I I
AMERICAN MCOCMTS I RANCE COMPANY 0
Home Office: Long Grove, IL 60049
Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the lab
State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint **
A. F, Barker and Jacqueline Rhodes of Los Angeles, California (EACH)*+
its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the periol
ning with the date of issuance of this power and ending December 31, 1982, unless sooner revoked
on its behalf as surety, and as its act and deed:Any and all bonds and undertakings pro7 the amount of no one bond or undertaking exceeds SIX HUNDRED THOUSAND ($600,000.00)********************************************************~
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertakir
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to br such bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon
.2merican Motorists Insurance Company as fully and amply to all intents and purposes, as if the same t
duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1982
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors
American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Sec, being in full force and effect:
"VOTED, That the President or any Vice Pre5ident or Secretary or dny Assistant Secretary shall have power and author
point agents and attorneys in 1x1, and to ilulhoriLe them Io execute on behalf of the company. and attach the SI company therelo. bonds and undertaking, rvcogniiances, contracts of indeinnitk and other M riling5 obligatory in t
thereot, and any such olficer of Ihe cornpa'>\: tn,t\ appoi!-it c~gei~t, for ac'ceplance 01 process "
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the f
resolution adopted by the Board of Directors of the company at a meeting duly called and held on t day of May, 1963:
"VOTED, That the signaturi. ot ltie i'rehiderit, dny Vi( i' Prebideiil, h:rCtary or Assi>tanl Secretary, and Ihe Seal of pans, and Ihe cert!licatrofi bv any S<~iot~~r\ or j\i\i41ciiit Scv rc,t,ir\. m;q bc. attiitxi by tac>inille or any power of executed pursuanl to resolution adopt~d i)\ thi, t3(iciid of [Iireclors oii .\lay 16, 1962, and any such puw'er 50 execute and certilied Mith respec.1 Io my bond or tiiiilc:rlc3hiiig to wtii(.Ii it 15 attxlieti, 3tiali continue to be valid and binc the Company."
In Testimony Whereof, the American Motorists insurance Company has caused this instrument to b
and its corporate seal to be affixed by its authorized officers, this 17th day of SeDtember
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANP
- ,/d- R.H. d Johnson, $22 Secretary
STATE OF ILLINOIS ss
I, Martha E. Anderson, a Notary Public, do hereby certify that G.H. Kasbohm and R.H. Johnson personally
me to be the same persons whose names are respectively as Vice President and Secretary of the P
Motorists insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing ins
appeared before me this day in person and severally acknowledged that they being thereunto duly au
signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary ac
corporation and as their own free and voluntary act for the uses and purposes therein set forth.
BY , fly <A
C. H. Kasbohrn. Vic
COUNTY OF LAKE 1
f$GQ2, fgio..e, Set
(31 2&fLa G LzPZk!5L+&h i Martha E. Anderson, Nc
PRIKTEC
My commission expires: February 16, 1984
FM836-1 7-80 IM
Po&(v 01 All<,rnty Tc,rm
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! "RAFF'IC S1GNfi.L IMPROVEME T" *GI:EEIIEKY --_e- ____.. . -_-______________ Y
DATE OF AGREEbIENT: i /- c2 s yo __
XNAME 01: DEVELOPER: 'p
??AblE OF DEVELOPJfENT: TA!:{ARACK my [JNTT 7
CT 76-11
TRAFFIC SIGNAL(S) LOCATION: TAMARACK AVF & ,]FFFW ST
ESTIMATED COST OF TRAFFIC SIGNAL(S) :$lfi.o1m-oo
SURETY AND BOND NO. : 57 600
THIS AGREEEkIENT is made and entered into by and between
1 City of Carlsbad, California, a Muncipal Corporation of the
of California, hereinafter referred to as CITY, and the Deve
lo 3-1 i named on Line 2 of Page 1 hereof, hereinafter referred to a:
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I DEVELOPER.
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R E C I T A I, S : j - _- -_ .- - - - - -
WFIEREAS, DEVELOPER has presented to CITY 50-r app-roval I
and application for the Development named on Lines 3 and 4 1 I i Page 1 hereof, hereinafter referred to as I)I!.'\TELOI'I.4EN?', whic 1 VEi.,O!?FIEXT is hereby referred to and incorporated herein; an
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traffic signal (s) .
1.1 Upon receipt of notice from CITY that constri
of said signal(s) is required, DEVELOPER shall within
days deposit the maximum payment required by this agrc
for that signal(s) with the CITY.
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1.2 CITY shall cause the completion of all neces:
and installation drawing on DEVELOPER'S deposit for a1
incidental thereto.
1.3 Upon completion of all work and upon final ac
by CITY thereof, CITY shall make a final accounting of
costs. Any balance remaining in DEVELOPER'S deposit a
paymcnt of all costs shall be refunded to DEVELOPER.
2. Concurreiitly with the execution hereof to secure D
/, OI'ER'S obligati hereunder, DEVELOPER shall provide to CI'T
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statcd on Line - Page 1 hereof. The surety and the form
sal+ boxrd shal i satisfactory to the City Attorney.
l8 ,it by DEVELOPER of the payment or paymenl I
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shall terminate; provided, however, that any successor of D
OPER’S interest in the property shall have first assumed in
the DEVELOPER’S obligations hereunder and shall have compli
the security requirements set out in Paragraph 2 hereof.
5. CITY shall make reasonable efforts to obtain contr
tions for said traffic signal(s) from the owners of the pro
located adjacent to said traffic signal(s) iihen and if said
seek discretionary authorization from CITY for development
of. Said contributions will be sought in an amount not to
fifty percent (50%) of the final cost to DEVELOPER of said
nal(s) and to the extent said contributions are obtained, C
shall reimburse DEVELOPER in an amount not to exceed said c
buti oxis after appropriate deductions therefrcm for costs of
cessing and administration.
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IN WITEESS IVf-IEIZEOF, this agreement is execiited by the
I C&.RI,SBAD, acting by and through its City blanager, pursuant
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Carl :;bad Nunicipal Code authorizing such exccution and by I
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DATED thi s day of
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1 attac~ieci.)
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tlic iiii~~~~t~icti~d. n Not‘iry Piil~li~ iii ;ind f<Jr .,iic! (
oll ai lY a Il I1ca reGust_av A. -Nes Seth
krrowii to tile to I,<% t!i(, i)r(,..idciit. riiicl
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> c ~ ~ John E.-- McCoy . Lil~li\rr to Ill(’ io llfj
P o
c Sccrc,tni-y of thr, mr11or~i!ioti tli~it <‘\P iitt.,i tlif’ i: - within Jti>triiiiictit. knciwii to rile to li(, the, ~iei~.oti- nlio (’\(’( otr 11 tiit.
within Itr~triiiiirrit oii i)clialf of !hc c iii ~~~ii~;itioti tIrrr<,iii ii;irii(.vI. iit:(l g :it.ktiowlcdFcd to lire that ciic ii coi-poratioti c’\r’( tttt’ll tli(. \iitlii:i
r- irirtriirrreiit puriuant to its l)>-law~ or ;I re.+olutioii of it.: Ii~i~rd of
~ dirertors. 4
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‘7 ~, Sign at iirc-_&~ - 1- __~_ ._~_~ -~ - - - E. LynneRiemer 0-0 5% z
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FOR NOTARY SEAL OR STAMP
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City Attorney CITY OF CARLSBAD, a Munici
Corporation of the State o
California
STATE OF CALIFRONIA )
) ss. 9 1 COUNTY OF SAN DIEGO )
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I before me the undersigned, a Notary Public in and for the
State, personally appeared Frank D. Aleshire, known to me
be the City Mansger of the City of Carlsbacl, a biunicipal !
ation of the C" ;e of Calif-ornia, known to me to be the pt
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brho executec? ithin instrment on behalf of said Fiuni( I
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CITY OF CART; S I.<A\i>
1x1 t 6: .I: -0 f f i c E? Cc) :c re I.; p 17116 .p y: (2 c:
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TE.LEP!{Oi?
(714) 438 56:
1200 €.i-*$ AVE'.II!L
CARLSCAQ,, CJ.LlF ChUIA OZL38
p,,r ++; @xitp &If kac.Esbt8.,&
December 8, 1980
I,. Ortasse
INSU3ATh;ICE EESC'tiRCES CORPORATION 8383 'WIish;~rc Bculevard
Suii3e 754
Beverly Hili., CA 30211
Re: CarTs5ad Tract No. 76-11? Unit #2 Tamar r2ck Shoves
Tn uesporse to your December 5, 1980 inquiry, filLng GI: the referenced bgilds was z condition precedenr to relez-sing sur:h
The replacement bonds wer2 provided by Ansrican Motorists
Insurance Coxpany, effective Kovcmber 4, 3-983, aTd bear L-he
niLmbers OSi'l 557 600, OSX 557 599, and OS9 557 601.
I. -bonds.
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/' 13eput.y City Clerk
cc: Ben Aviv Damari GG'LDRTCE 6: REST 5250 Ovc:rland AVCT,U~ CU~VCX City, CA 90230
JoY.31 McCoy
CAKLSb,AJI DRVELOFPENT CORPORATI ON
Post Office Box "8"
Carlsb;d, CA 92008
1 I DATE OF AG%i~~EYZIL'T:
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ADOPTED: NOV 16, 197t
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IMPROVEMENT DRqw1P:GS NO. :
ESTIMZLTED TOTAL COST OF IPIPSOVE!IEfJTS : $165,000.00
ESTIYATED 'I'rJTAJ-r COST OF MONUPIF'?JTXTION : $4 ,ZOO. 00
188-4 (sheets 1 - 4) - -
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TIME Li-l"lf?' FOR COMPLZTION OF IMFROVEI4EIJTS I 18 months
SGRCTY .WD BOND NO. i
Y
This agreement is made and entered into by and between t
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City of Carlsbsd, California, a Iilunicipal Corporation of the
State of Californiz, hereinafter referred to as City; and ih;
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WNEXEAS, Subdivider has &resented to City for approvzl E
recordation, a final subdivision map of a proposed subdivi-sic
stated in Line 3 of Page 1 hereof pursuant to provisions
of the Subdivision Xap Act of the State of California, and ir
compliance with the provisions of Title 20 of the Carlsbad
Municipal Code, hereinafter referred to as Code, relating to
filing-, approval. and recordation of subdivision maps; and
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WHEREAS, a tentative map of the subdivision has been apy
subject to the requirements and conditions contained in the
resolution listed on Line 4 of Page 1 hereof. Said rescliitior
on file in the office of t?e Cit:.' Clerk ?ncl is ;ncpr!)orated 1
by reference and made a part hereof; and
WHEREAS, the Code provides that ber'ore the final map is.
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approved by the City Council, Subdivider must have complied w
the requirements of said resolution and must have either inst
and completed all of the public improvements and land develop
' work required by the Code and said resolution to be installed
subdivisions before final maps of subdivisions are approved k:
City for purpose of recordincj in the office of the County Rec
of San Diego County, or as an alternative thereof, that Subdi
shall enter into an agreement with City, secured by an appro%
improvement security to insure the performance of the work PC
to the requirements of the Code, agreeing at its own expense
install and complete, free of liens, all of the public irnprot
and land development work required in the subdivision within
definite period of time prescribed by the Council; and
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' WHEREAS, Subdivider, in consideration of the approval ar
recordation of this map by the Council, desires to enter intc
agrecnent 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 Cj
Attorney; and
WHEREAS, complete plans and specifications for the cons1
tion, installation and completion of the public improvement t
have been prepared and approved by the City Engineer, as shos
the drawings listed on Line 5, of Page 1 hereof which have b<
filed in the office of the City Engineer and are incorporate(
reference herein and made a part hereof; and
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WHEREAS, it is necessary that certain monuments and sta!
as specified on the final map shall be installed within thir
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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 publ
improvements and necessary land development work in connec'cio
therewith according to said plans and specifications has been
'and has been approved by City Engineer in an czmoumt stated on
Line 6 of Page 1 hereof, which estimate is attached hereto, m
Exhibit A and made a part hereof; and
WEREAS, 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 n a
E 3 13
CjLL~~ 24
$a 5s 0)
marked Exhibit B and made a part hereof:
NOW, TI-IEXEFORE, in consideration of the approval and y;z
0
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recordation by the City Council of the final nap of this sub-
uizR,:
g? Y 171
6$ c 0 18
2-9
20
21
22 '
23
24
25
26
27
28
OK-m
>t- cc !
divi.-,ion, and other valuable consideration, Subdivider and Ci
agree as follows:
1. Subdivider shall :
(a) Comply with all the requirements of said tentati
map resolution, and any amendrnents thereto and F
the provisions of the Code,
Complete at its own expense, in accord wiih the
and specifications and to the satisfaction and E
of the City Engineer, all of the public improver
and land development work required in and adjol:
the subdivision.
(b)
(c) Furnish the necessary materials therefor, in COI
formity with the plans and sFecifications on fi
3.
1
2
3
4
5
6
7
8
9
10
11
12
2 Y g 13 e2 z ;:Id3 -J,$
oz>.
I ak 15 "G,J u:, 54
5 $ 8 5 15 g$c$
sE 2 17
>u t p&
19
20
21
22
23
24
25
26
23'
28
0
2 OOZE
wv
ZO (I?
46
0
in the office of the City Engheer.
(dl Notify City Engineer in writing at least fiftee
days prior to the commencement of the work hey-e
so that City Engineer shall be able to provide
services of inspection.
(e) Complete the improvements under this contract G
or before the time limit stated in Line 8 of Pa
hereof.
(f) Install all monuments required by law within th
days after the completion and acceptance of the
improvements by the City Engineer.
(9) Install temporary street name signs if permanen
street name signs have not been installed.
2, If any of the public improvement and land developmen
work contemplzte3 by this agreement is to be constructed or i
led on land not owned by Subdivider, no construction or insta
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 exF
the improvements herein agreed to be constructed and installc
Subdivider, and if determined to be in accordance with applic
City standards and the terms of this agreement, shall recomrnf
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 cf the work, and to the
wherein the work is in preparation. I
4. Subdivider shall furnish to City good and sufficient
4.
1
2
3
4
5
6
7
8
9
10
31
12
2
c -J 8 13 .n: 8 Fc74 0)
dLL us 14 @O>Z 'I- "5, qs -1 15
L I =.< z0 +- >. - .. z u.' hi~ 161, "LC< c)U: m zo VI >E 2 2.7 a6 z - 18
13
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20 I
security orl forms approved by City, in the amount of 100% of
estimated cost of said improvements as stated on Line 6 of Pa
hereof,,to assue faithful. performance of this agreement in.
regards to said improvements, and in the additional amou.nt of
of said amount for securing payment to contractor, his subcon
tors and persons renting equipment or furnishing labor or mats
to them for the improvements required to be constructed or
installed hereby, and in the additional anount of 25% or' sai.2
amount to guarantee or warrantythe work done pursuant to this
agreement for a period of one year following acceptance there<
by Cit.y against any defective work or labor done or defective
materials furnished. Subdivider shall. furnish to City such
security in the amount of 100% of the estimzted cost of setti:
subdivision monuments as stated on LiRe 7 of Page 1, hereof ai
as required by this agreement. The securities required by th.
agreement shall be filed with +.he City Clerk axd when so file(
shall be incorporated by reference herein.
5. Any changes, alterations or additions to the improver
plans and specifications or to the improvements, not exceedin!
of the original estimated cost of the improvement, which are
21
22
23
24
25'
26
27
28
mutually agreed upon by City and Subdivider, shall not relievc
the improvement security given for faithful performance of tht
improvement. In the event such changes, alterations, or addii
exceed 10% of the original estimated cost of the improvement,
Subdivider shall provide improvement security for faithful pel
formance as required by Paragraph 4 of this agreement for 190:
of the total estimated cost of the imprcvcment as changed, all
or amended, minus any completed partial releases thereof as a:
5.
I
2
3
4
5
6
7
8
9
10
11
12 n
E.. 13
a
d: <$ 0)
0ILLW-Q 14 oo=g -"F$E 15
rn?3'>J
li a 2s
E$:$
Z? fi:
5
2
&-&Ed 16
17 a
Ir 1%
19
20
21
22
23
24
25
26
27
28
>I- Ec
>-
u
by Paragraph 6 of this agreement.
6. The securities required by this agreement shall be
releas& as follows:
(1) Security given for faithful performance of any
act or agreement shall be released upon the fir
completion and acceptance of the act or work, E
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 progresses
upon application therefor by the Subdivider; pi
however, that no such release shall be for an z
less than 25% of the total improvement securit)
for faithful performance of the act or work an(
that the security shall not be reduced to an ar
less than 50% of the total improvement securit:
given for faithful performance until final comr
and acceptance of the act or work. In no even1
the City Engineer authorize a release of the ir
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 0:
agreement.
I
1
(3) Security given to secure payment to the contrac
his subcontr'zctors :jnd to persons furnishing 1'
materials or equipment shall, six months after
completion and acceptance of the act or work, 1
6.
a,
2
3
4
5
e
7
'8
9
3.0
13,
reduced to an amount equzll to the amount of all I
therefor filed and of which nstice has been give
the legislative body plus an amount reasonably d
mined by the City Engineer to be required to ass
performance of any other obligations secured the
The balance of the security shall be released up
settlement of ail such claims and obligations fs
which the security was given.
(4) No security given for the guarantee or warranty
work shall be released until the expiration of t
period thereof and until any claims filed durinc_
a.
2
3
4
5
6
9. In the event that Subdivider fails to perform any
obiigation hereunder, Subdivider authorizes City to perform s
obligation twenty days after mailing written notice of defaul
Subdivider and to Subdivider’s Surety, and agrees to pay the
cost of such performance by City.
The sums provided by the improvement security may be
‘if
8
9
EO
x1
12
v, O0 13
dLLuQ 14 no=z
S? t- 2 U. 15
gzg6 16
0 2
-2 a E$ ci,
z>;g E”><
gEzg zp f3
- dLl
>I- LC
by City for the completion of the public improvements within
subdivision in accordance with specifications contained herei
City may take over the work and prosecute the same t
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 co
or damages occasioned City thereby; and, in such event, City,
pithout liability for so doing, may take possession of, and u
in completing the work, such materials, appliances, plant 2nd
property belonging to Subdivider as may be on the site of the
and necessary therefor.
20 expenses incurred by City in securing performance of such
1
2
3
4
5
6
7
8
9
10
1%
12 n
mm Y g 13
dli us 14
ot-zfi 15 mi) _1
,io 5a
52 26 2.6 :E22 zp t: >,- rr 1'7
to t- 18
19
20
21
22
23
24
25
Q
.E N %$ a
$:ig
uu
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26 I
Subdivider, or any of the work done under this agreement, fai
to fulfill any of the requirements of this agreement or the J
and specifications referred to herein, Subdivider shall- withc
delay and without any cost to City, repair or replace or recc
struct any defective or otherwise unsatisfactory part or part
the work or structure, Should Subdivider fail to act prompt1
in accordance with this requirement, Subd;vider hereby author
City, at City's option, to perform the work twenty days aftex
mailing written notice of default to Subdivider and agrees tc
pay the cost o€ such work by City.
case require repairs or replacements to be made before Subdit
can be notified, City may, at its option, make the necessary
repairs or replacements or perform the necessary work and Suk
divider shall pay to City the cost of such repairs,
Should the exigencies of
22. Neithci Subdivider nor any of Subdivider's agents OX
contractors are or shal.1 be ccnsidered to be agents of City i
eonr,ection with the performance of Subdivider's obligations I!
this agreement.
13. Eothing 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 vith 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
27 I
28
agreement are fully completed and accepted by City, Subdivide
will be responsible for the care, maintenance of and any dama
9.
19
20
21
22
23
24
25
2611
27
28
any nature whatsoever, arising out of or in any way connectec
the improvements agreed to be constructed and installed here1
by Subdivider, including costs of suit and reasonable attorn(
fees for a period of one year following the acceptance of sa:
improvements by City.
18. City shall not, nor shall any officer or employee .
of, be liable or responsible for any accident, loss or damagc
happening or occurring to the work or improvements speci€ied
this agrerxer,t prior to the compl..ztion and acceptance of sam
shall said City, nor any officer or employee thereof, be lia
any persons or property injured by reason of said work or im
i
10.
I
1,
2
3
4
5
6
7
8
9
10
3.3.
12
2 Y g 53 am $l 0,
61; US 10, eo22
fjr_?o ~$42 15
L;, 44
'g.& go- 3.6 "Uq zo 0 >k 2 17 > 4 - t- 18
19
20
21
22
23
24
25
26
27
cl
0
-I
uro
0
I
mentsr but all of said liabilities shall be assumed by SLtbdj.
19. Sale or other disposition of this property will no
rzlieve Subdivider from the obligations set forth herein. 1
20. Time is of the essence of this agreement. Subdivi
shall comrwnce substantial construction of the improvements
required by this agreement not later than nine months prior .
-the time for coxpletion, Provided that in the event good ca.
is shown therefor, the City Council may extend the time for
commencement of construction or completion of the improvemen.
hereunder. Any such extension may be granted without notice
Subdivider's Surety and shall in no way affect the validity :
this agreement or release the Surety or Sureties on any bond
gj-ven for the faithful performance of this agreement. The Cj
Council shall be the sole and final judge as to whether or nc
good cause has been shcrsn to entitle Subdivider to zn extensj
4s a condition of such extensions the City CmmciL may requii
Subdivider to furnish new security guaranteeing performance c
the agreement as extended in an increased amount as necessary
compensate for any increase in construction costs as determir
by the City Engineer.
Failure of Subdivider to comply with the terms of this
, agreement shall constitute consent to the filing by City of a
Notice of violation against all the lots in the Subdivision.
IN WITNESS WHEREOF, this agreement is executed by the Ci
of Carlsbad, acting by and through its City Manager, pursuant
to Section 20.16.060 of the Carlshacl Kunicipal Code aut.h.oriz3
such execution, and by Subdivider ;/7 -.-.
28 I DATED this &?at- a day o* ;L&?./' - , l9f2 .
11. (
\
I
ll
2
1
2 .t
/
./ A,AS4* SUBDIVIDER --_---
1
3
4
5
*p 6
7
8
9
10
I1
Pb
l2
(Notarial acknowledgement of execution 05 Subdivider musk b attached. )
CITY OF CARLSBAD, a Municipal
Corporation of the State of
APPR
13 I
14
15
16
I?
l9
l8
2o
21
22
23
24
25
26
27
28
California I
VINCENT F. BIONDO, JX.
City Attorney
F,WNIC D. ALESHIRE, City Flaanag
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
, in the yeadyfb, before IT On thisJay day of
the undersigned, a Notary Public in and for said State, per
appeared Frank D. Aleshire, known to me to be the City Mana
the City of Carlsbad, a municipal corporation of the State
California known to me to be the person who executed the wi instrument on behalf of said municipal corporation, and ack
ledged to ne that such City of Carlsbad, California, execut the same.
) ss.
'-- -fw I I
WITNESS my hand and official seal.
'3 r // ' p <--.. // /'
,( P 4 I hf7fi2L25?dcd 4U4L49 I -.o 1 MTARY PUBLIC J(y
frorar, FL~, c
Frmctool Cfftce SAW CIFr;? r,Plih
i~ tlli. ,l:,(j(~,-i~n~~<~, 21 rotal-v Ilutili<, in atlii for
pyr~otially appeared . . ~
‘hno\v11 to nit. to IIC th
Gustav -~~~~ A. Nes -
0 LC
l’rc.itl(~t1i. ,imi N
E c ~~ S,yrytiiry of the. , nr;Ior‘I:iotl :11,1t c\~i1:(,11 t11<. 2 u.ithill I11~trum~n[, knowjil to me to ljt, th? l!f’t’-Orl- \\!I0 <‘\(‘I lltl’li tllc’ $! within Iti~tt-urrictit on Ijrllalf of thr <~o~11or;it1,111 :!lrrt.itr I:.IIIICI~. <ltllI
Llc.~rlowlc.c]ge(l to llie thtlt surh c.orlloration c\wtttctl thc M itlii!:
in.trilrnent p,Irsuant to it5 I)y-laBs or a rcboIuti(jr1 of it. I)oar.<l of
> c, John E. .~ Mcby , ~1l0\~11 tr1 lllf’ to I](, . ~~ -
g
u .i directors.
2
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.-~~-. __~~~ ~ - - - -? I..
-KIlyiln bipat urc----. ~
’. r,
FOR NOTARY SEAL OR STAMP
.C*aRD$&jB ,RE;;LlEsyEz gy
Ld!-~rn Siries E;se;cs~
AND WHEM R'_'C<>RL;Ea > -
2zlsbad Ikvelc! I
li!a.m f
5Pr'o: Caisbad, f&. 920,Jd %FcQgQE%
1 i
I
-Lb; >I. STATIN:?. i
'-c*:c:&
i; -21 i &-
c_ry_-~.l-".l-"-___-~,.rr__p_I__I__ -__ __^_
- -...
L - .- ,, . . ,,
,E2 R.S 2i.-Xxe 1 I
__ NE Fsz RZ.CORDEW'S
--. ', ~ . :f _<'_..
. ._-~ ---_.^__ -_
i'
_I - .
.--_ A P hd .,l - i ,, . : xcn*,---.I--IcI-p'I.--
Tn ,*,"'"5 i:
<i
p,;:. - '.N L.,L;.G \,,:;
il i. ,
',i!!b,~ ,.,! r.>(>;YL';r., \' t.,
'c\ j~~l~~,ii11i~\~ x!i E!;IIC OI uic
I-c',: ( x: i !f: ;If ~ ~nc!
- c., j
LgRIQ7Nj:1GE , a &.I ifoi-r'i -i CEI-;IS;~~~FO~
_I/ , .
L.:L 3, 4, 5 x~d 6 in GxrlsSac? Trac'c !do. 76-11> (Taxirack Shores kit $2)
City of Czri sbd, Cumcy ~f Sm Diego, State of Caiifo-mia zccord+L;
1 . f- LiE .:;?erc-lc:f x;. filed in -the offr-,e of ttie C<~aj,';y +~<;::&y 3Leko C~~t~i1~~~~ 1 OC 1980 -_ ._
,
: > I
. .. .
.. .
.~--~-.___
-..._ _..-_._-.
1 a. e
scE4A icX3h9WICW mza3 VEN7Ua ~OULrn
,- -..“i-3fpCu, 1 j(CS- & ,
2LILoER3 d.NS %..I*\+’
@2G URI3Q3661 E3A,NP< F’W
BWEIWMAaN OAKS. CAUJFORNal GjOL KrnP
RODrnT %TWBCW sa!-5283 ~ 872.?747
Oztober 7, 1980
&ko John ]E. M@@Qy
Caslsbad Development Corporation
Dear Mro McCoy:
PeO0 Box p03’o
Casrlsbad, California 92008
The undersigned hereby assign all right, title and
Snterest to any and aSi fees paid in connection with
the tract map and plan cheek on crTamarack Shores,
-Rases -
-- ____________ 2 acd 3p‘G to CarPsbad Development ~orporation,
h California CoPporaQion - - - - - --------- ---- WITHOLJTT RECOURSE FI
Partnez
-
Approved: Carlsbad Development C~rp~ratj
P
1, *
Tp,&sp~,W ,2:7 R1GEjTS STS
*. . -J-n s~,-~;-sf~e-~yJ~ oz Cr lEloE 3 3f Zscrow No, 009-%03127,
Seller, Ta3;:as-ec:q s;-iores ~ Pmited Partne~-ship p for good and
t::rarhsfe?cs %9 Buyars I^ \-c - .CS%E!2 Tcvelopnent esrporatiow or azs:iqi-,ee, 2 ~x nts riqk~~ 'L~YZ:~, Ln.keresp, ai*ld. +~qy.::i-kies in ar~.s
v~lu-able @snsidsra-kiofi, ,sc.z<pt ~2 ~jhich is acknawaedgz6, hereby
p...: - -
,- - ,
to zhc Zollo
1. ali engineering \gorkg st~die~, drai,qings? Ca>2lds~:izli
plE.lz, Final Map &?Id all other rela?red englne@ring peZ'earXed. $y
pace Esgine2rln.g and Brian SrniLh Engineers, aed paid in 2G:L sy
Sellers as of close of escrow" involving Phases 2 and 3 05 I:
.A~S.n?_rack s;tWres 8" :-.
2. All V~S-keG ::iq-h-LS. u3der the exj-s-tias C",oastz.l c
~JEZI&-ALZ @s:>'rrQI- ?Qm:&T F-8018 -far 'rhe d@vel@prnen? e:? pyla 3 pc g.,,:,,.-7c17- ~. ni:_i.- C'iA Shores p
,- . - -. .. imp2-svemcRts phys ica i ly P 9StE I led and przviscsli,
hl by Seller wir3hiaa Phases 2 and 3;
-i.:.l ii~pr~~e~~~efit plansI buFLdinGj ~lai?~, a2~3 ~GI-s-~
-z';LQ?d,SPy - paid Qr ds-ospted wi-Lh "khe city 0% C2:rL r - wilding permits for Phases 2 and 3 02 Z;>,<-C 2 3:
8
-. .. ':. - .. -. 1- I ~50-q-k~ A" fyon $-he czrisbzd Unj.fied 3
sekQoP faciJ..i.tiea
qhts fs the SCl?b;g;i 2se L
t3 this Project; "I
all CJ-Lhe;: ~..ocum~a;-~so inel3
'a\ra 2nd C@&:RS 9 of LhE Ec;rnE
ma ," 3% ck s :? c, 2.' ,e E e
ei2 3q''er a54cer elr
-s 2nd in"repesfs, a.TrZ .=-? -. s*q..ts needed cr :<eq-!!ksnC2 rE c>:rd,er .::
Ij w Tdl;r.2:Led 2
LY-buIuuIy I-yuLL.)Lbu Yy UIIU LbLLu-II IU. - - \/
NOTICE OF COMPLETION
FOR PROJECT IMPROVEMENTS
ENGINEERING
@ City Clerk
1200 Elm Avenue Carlsbad, CA 92008
or;- “A? 77 FS” 3, olj ivt~~ t rb i L L
I ‘% Ai To All Laborers and Material Men and to Everk f%!
Interested:
-1 --
YOU WILL PLEASE TAKE NOTICE that on October 24, 1984
__I _II_---l_----
The Engineering project consisting of street inprovernents for CT
76-11 unit 2, Tamarack Shores on which Carlsbad Development
Corporation was the Contractor, and American Motorists Insurance
Company was the Surety, was completed.
CITY OF CARLSBAD
fl --.. f, &-E I_‘ \ i- -.-a%L5---%- ’5k- ---- -==-
City Engineer
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad; the City
Council of said City on March 19, 1985 accepted the
above described work as completed and ordered that a Notice of
Completion be filed.
----i - --+l_-_ll_-
I declare under penalty of perjury that the foregoing is
true and correct.
at Carlsbad, --- Executed on March 20, 1985
California.
---- ----
CITY OF CARLSBAD
----*-I---.-.----.-- &/@- -
City Clerk
e e
1200 ELM AVENUE TELEPH
CARLSBAD, CALIFORNIA 92008 (714) 438
- Office of the C/ty Clerk
Cltp of Carls'bab
March 20, 1985
Vera L. Lyle
County Recorder
P.O. Box 1750
San Diego, CA 92112
Enclosed for recordation are the following described
documents :
Notice of Completion for Project Improvements
CT 76-11, Unit 2 - Carlsbad Developement
Corporation - Tamarack Shores
Notice of Completion for Project Construction
McCain Construction; Installation of Traffic
Signals, La Costa Avenue and Rancho Sante Fe
Road
Notice of Completion - Army-Navy Academy Crossing Signal - Mac0 Services, Inc.
Notice of Completion - Traffic Signal
Alga Road and Alicante Road - McCain Construction eo.
-
Our staff has determined that the recordation of these documents is of benefit to the City; therefore, it is
requested that the fees 'be waived.
Thank you for your assitance in this matter. $ii eputy City xNDW Clerk
Encs.
0 Recording Requested By and Retll?l 'lo:
City Clerk e 1200 EIXI menue Carlsc2d, CA 92008 NOTICE OF COMPLETION
FOR PROJECT IMPROVEMENTS
ENGINEERING
To All Laborers and Material Men and to Every Other Person
Interested:
YOU WILL PLEASE TAKE NOTICE that on October 24, 1984
The Engineering project consisting of street improvements for CT
76-11 unit 2, Tamarack Shores on which Carlsbad Development
Corporation was the Contractor, and American Motorists Insurance
Company was the Surety, was completed.
CITY OF CARLSBAD
/- \(-CJ t/l!l -9y c'-
City Engineer
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad; the City
Council of said City on March 19,,1985 - accepted the
above described work as completed and ordered that a Notice of
Completion be filed.
I declare under penalty of perjury that the foregoing is
true and correct.
Executed on March 20, 1985 at Carlsbad,
California.
CITY OF CARLSBAD
LlAaLUpQ-
City Clerk