HomeMy WebLinkAbout1985-09-17; City Council; 7817-1; CT 82-04 FINAL MAP PALOMAR OAKS II.I i’
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CI~OF CARLSBAD - AGEN~BILL
AB# 781 7-&l TITLE: Dl
FINAL MAP CI MTG. 9/17/85
DEPT. ENG CI
RECOMMENDED ACTION:
Approve final map of Carlsbad Tract 82-4, Palomar Oaks I1
ITEM EXPLANATION:
Engineering staff has completed checking the final
Carlsbad Tract 82-4, an 8 lot industrial subdivision 11
the south side of Palomar Airport Road and Palomar Oak:
the conformance with the Subdivision Map Act and the
Municipal Code. The final map conforms substantially
Conditions of Approval and the tentative map as approvl
Planning Commission on August 25, 1982, per Resolution
and was granted the latest one-year extension on Augus
per Resolution No. 7676.
This project will construct public improvements cons
curb and gutter, sidewalk, street lights and street
along the frontage of Palomar Airport Road.
FISCAL IMPACT:
The increased need for City capital facilities resul
this development will be partially offset by the paymt
Public Facilities Fee. Any capital facilities relatec
to this development will be constructed and paid
developer.
Increased operating expenses related to this developme
offset to some extent from increased tax or fee revenue
by the development. No detailed economic impact analys
development has been conducted at this time so predicti
portion of operating expenses covered by additional
revenue created as a result of this project cannot be rr
EXHIBITS:
1. Location Map.
2. Plot Map.
3. Planning Commission Resolution No. 1995.
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EXHIBIT
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PLANNING COMMISSION RESOLUTION NO. 1995
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTAT
SUBDIVISION MAP AN3 PLANNED UNIT DEVELOPMENT TO CREATE 7 INDUSTRIAL LOTS AND 1 OPEN SPACE LOT ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
PALOMAR AIRPORT ROAD TO THE WEST OF PALOMAR OAKS
WAY
APPLICANT: BIRTCHER BUSINESS CENTER
CASE NO: CT 82-4/PUD-38
WHEREAS, a verified application for certain pro1
wit:
A portion Of Lot "G" of the Rancho Agua Hediondz
according to map thereof, No. 823, filed in the
the County Recorder, November 16, 1896
has been filed with the city of Carlsbad, and referred tc
Planning Commission; and
WHEREAS, said verified application constitutes
as provided by Title 21 of the Carlsbad Municipal Code;
WHEREAS, the Planning Commission did, on the 11
August, 1982, and on the 25th day of August, 1982, hold
noticed public hearing as prescribed by law to consider
request; and
WHEREAS, at said public hearing, upon hearing q
considering all testimony and arguments, if any, of all
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relatj.ng to the Tentative Tract Map and Planned Unit De
NOW, THEREFORE, BE IT HEREBY RESOLVED by the E
Commission as follows:
(A)
B)
That the above recitations are true and correct.
That based an the evidence presented at the publil the Commission hereby APPROVES CT 82-4/PUD-38, ba:
following findings and subject to the following c(
Fi r.d ir,g s :
1) The proposed tentative map is consistent with the
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General Plan since the site is designated by the lar for planned industrial and, as conditioned, the pro: consistent with all other general plan elements.
2) The site is physically suitable for the type and del
development since the site is adequate in size and I
accommodate industrial development as proposed.
3) The project is consistent with all city public faci icies Pnd ordinances since:
a) The Planning Commission has, by inclusion of an
condition to this project, insured that the fin
not be approved unless the City Council finds t
service is available to serve the project. In the Planning Commission has added a condition shall be placed on the final map that building
not be issued for the project unless the City E
determines that sewer service is available, and cannot occur within the project unless sewer se
remains available, the Planning Commission is s that the requirements of the public facilities the General Plan have been met insofar as they
sewer service for this project.
b) All necessary public improvements have been prc
will be required as conditions of approval.
C) The applicant has agreed and is required by thc of an appropriate condition to pay a public fac
Performance of that contract and payment of tl enable this body to find that public facilitie:
available concurrent with need as required by 1
Plan.
d) Assurances have been given that adequate sewer project will be provided by the city of Carlsb I
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14) 1 The proposed project is compatible with the surrou
land uses since surrounding properties are designa
industrial development on the General Plan.
This project as conditioned will not cause any sig
environmental impacts and a Negative Declaration h
issued by the Planning Director on July 14, 1982 a
by the Planning Commission on August 11, 1982.
6) The proposed development is not detrimental to the
safety or general welfare of persons residing or b
the same vicinity, nor would the project be injuri
property or improvements in this area.
7) All design criteria set forth in Section 21.45.11(
minimum development standards set forth in Sectioi met by the proposed project as indicated in the si
PC RES0 NO. 1995 -2-
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Conditions
General Conditions:
1) Approval is granted for CT 82-4/PUD-38, as shown on
"A", dated February 15, 1982, incorporated by refer
stantially as shown unless otherwise noted in these
tions.
2) This project is approved upon the express condition final map shall not be approved unless the City Cou
as of the time of such approval that sewer service to serve the subdivision.
file in the Planning Department. Development shal
3) This project is approved upon the express condition building permits will not be issued for development
subject property unless the City Engineer determine
facilities are available at the time of applicatior sewer permits and will continue to be available unt
occupancy. This note shall be placed on the final
4) This project is approved upon the express conditio1 applicant shall. pay a public facilities fee as reqi
Council Policy No. 17, dated April 2, 1982, on filc
City Clerk and incorporated herein by reference, ar to the agreement executed by the applicant for payr
fee a copy of that agreement dated March 5, 1982, : with the City Clerk and incorporated herein by reft
said fee is not paid as promised, this application
consistent with the General Plan and approval for 1 shall be void.
Approval of this request shall not excuse complian sections of the Zoning Ordinance and all other app
ordinances in effect at time of building permit is
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'6) Per the requirements of the P-M zone, noise emanat
project shall not exceed a level of 45 dBA at any line.
The applicant shall establish an owner's associati
corresponding covenants, conditions and restrictic CCER'S shall be submitted to and approved by the E Department prior to final map approval. Said CCbF
contain a provision prohibiting parking on the str
ensuring enforcement of this prohibition to the si the city. The CC&R's shall also contain a provisj
specifically ensures that the owners will continuc all drainage improvements and facilities and alloi enforce said provision if necessary. The city sh,
right to enter upon the property to maintain the ( facilities if the developer or subsequent owners
and charge the cost for said maintenance to develc subsequent owners. This condition is included pu
Public Resource Code Section 30170(E).
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8) Whenever possible, the existing live oaks on site shi preserved.
Planning Department
9) The applicant shall prepare a detailed landscape and plan which shall be submitted to and approved by the Director prior to the issuance of building permits, landscape plan shall include the proposed treatment open srace lot; Lot 8.
10) A Master Plan of the existing on-site trees shall be to the Planning Department as part of the final grac determine which trees shall be required prior to thc
of a grading permit or a building permit, whichever first.
11) All landscaped areas shall be maintained in a healtl thriving condition, free from weeds, trash, and deb]
Any signs proposed for this development shall be de
conformance with the city's Sign Ordinance and shal
review and approval of the Planning Department prio
stallation of such signs.
13) A uniform sign program for this development shall t to the Planning Department for their review and apF to occupancy of any building. 1
14) Trash receptacle areas shall be enclosed by a 6 foc masonry wall with gates pursuant to city standards
of said receptacles shall be approved by the Plann:
Director.
All roof appurtenances, including air conditioners architecturally integrated and shielded from view
buffered from adjacent properties and streets to t satisfaction of the Planning Department and Buildi
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16) Approval of this tentative tract map shall expire months from the date of City Council approval unle
map is recorded. An extension may be requested by applicant. Said extension shall be approved or de discretion of the City Council. In approving an e City Council may impose new conditions and may re\ cond it ions .
Eng ineer ing
17) The developer shall obtain a grading permit prior commencement of any clearing or grading of the si
18) The grading for this project is defined as "contr(
by Section 11.06.170(a) of the Carlsbad Municipal Grading shall be performed under the observation engineer whose responsibility it shall be to COOr
inspection and testing to insure compliance of th
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19) No Grading shall occur outside the limits of the sub
unless a letter of permission is obtained from the o the affected properties.
20) Additional drainage easements and drainage structure provided or installed as may be required by the Cour Department of Sanitation and Flood Control or the Ci neer.
21) The developer shall pay the current local drainage i
prior to approval of the final map or shall construt
systems in conformance with the Master Drainage Pla of Carlsbad Standards as required by the City Engin
Land for all public streets and easements shown on
tative map shall be dedicated on the final map and
granted to city free and clear of all liens and enc
Road shall be waived on the final map.
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23) Direct access rights for all lots abutting Palomar
24) All public streets shall be improved by the develog
the typical sections shown on the tentative map ani conformance with City of Carlsbad Standards prior . of any buildings.
25) Palomar Airport Road shall be improved by the deve the subdivision frontage based on a centerline to
width of 67 feet and in conformance with City of C Standards prior to occupancy of any buildings.
The developer shall comply with all the rules, rec
design requirements of the respective sewer and Wi
regarding services to the project.
27) All private terrace drains and storm drainage sysl maintained by the property owners association (if owned property) or the individual property owner individually owned lot). An appropriately worded
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clearly identifying the responsibility shall be p
CC&R' s.
28) The curb return radius fron Palomar Oaks Way ontc Way shall be modified to the satisfaction of the in order to provide for truck turning movements.
allowable radius (even if a compound curve is uti
be 35 feet.
West Oaks Way shall be modified by revising the :
curve shown adjacent to lot 6 to a 300 foot radi\ the SatlSfaCtlOn of the City Engineer.
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PC RES0 NO. 1995 -5-
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130) Water shall be provided by the city of Carlsbad unlc
other arrangement is approved by the City Council.
31) West Oaks Way shall be dedicated to the City based (
of-way width of 33 feet plus additional easements f
purposes of 3 feet on one side and 5 feet on the ot
prior to approval of the final map.
32) A temporary cul-de-sac bulb shall be constructed at end of Unit No. 1 on West Oaks Way as part of the s
shall be constructed at the west end of Unit No. 2
Oaks Way as part of the street improvements of Unit
the temporary bulb in Unit No. 1 shall be removed. time as West Oaks Way becomes a through street the cul-de-sac bulb shall be removed.
improvements of Unit No, 1, A temporary cul-de-sac
Fire Department
33) A temporary 35' radius cul-de-sac shall be construc
end of West Oaks Way.
34) Additional public and/or on-site fire hydrants are
35) Access and/or circulation for emergency vehicles is
quate.
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36) Submit two (2) copies of a site plan showing locatj existing and proposed fire hydrants and on-site roe
drives .
37) An all weather access road shall be maintained thrc
construction.
8) All required fire hydrants, water mains and appurtc
be operational prior to combustible building mater 19
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i' located on the project site.
9) Brush clearance shall be maintained within a minimi
of 30 feet to each residence.
0) All fire alarm systems, fire hydrants, extinguishi automatic sprinklers, and other systems pertinent
project shall be submitted to the Fire Department prior to construction.
1) Building exceeding 10,000 sq.ft. aggregate floor a sprinklered or have four-hour fire walls with no o therein which shall split the building into 10,000 less) areas.
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-6- /// C RES0 NO. 1995
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PASSED, APPROVED AND ADOPTED at a regular meetin
anning Commission of the city of Carlsbad, California,
th day of August, 1982, by the following vote, to wit:
Commissioners Marcus, Jose, Rombotis, and Rawlins
ABSENT: Chairman Farrow; Commissioner Schlehul
ABSTAIN : None
PC RES0 NO. 1995 -7-
e 'CITY OF CARLSBAD
Interdlfflce Correspondence
To: c/7y ICLEXK I OFh'ICt: CC/R~WT p~
FROM; .&-/W& -- //vE.A?/.b I DATE: AAG. /4,/Ci8s
SUBJECT: FAhrnAa a@A&z (ZF 82-*
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Signature: Date:
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DATE OF AGREEMEN? L y$$/.ddL<r c-@, 9 ,yJJ- - /
NAME OF SUBDIVIDER:
NAMF OE‘ STJBDIVISION: Palomar Oaks I1
RESOLUTION OF APPROVAL NO. : 195 ADOPTED : 8/25
Birtcher Business Center-Corporate Pal omav
I€-IPROVEMENT DRAF’IINGS NO. : 761-6
ESTI!.?ATEn TOTAI: COST OF IllPROVE~~NTS :
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$576 9 132
ESTIMATED TOTAL COST OF MONUMENTATION: $4,000
TIME LIMIT FOR COMPLETION OF IMPROVEMEJWS: - 12 months
SURETY AND BOND NO. A,,+~,~ N lrrsvm NCE CDMP ANY Na
This agreement is made and entered into by and beb
City of Carlsbad, California, a Municipal Corporation of
State of California, hereinafter referred to as City; ar
Subdivider named on Line 2 of Page 1 hereof, hereinzftel
to as Subdivider.
RECITALS:
VJHEREAS, Subdivid.er has presented -- to City for apprc
recordation, a final subdivision map of a proposed subd
stated in Line 3 of Page 1 hereof pursuant to provision
1 of the Subdivision Map Act of the State of California,
compliance with the provisions of Title 20 of the Carls
Municipal Code, hereinafter referred to as Code, relati
filing, approval and recordation of subdivision maps; a
WHEREAS, a tentative map of the subdivision has be
subject to the requirements and conditions contained ir
resolution listed on Line 4 of Page 1 hereof. Said resc
on file in the office of the Citv Clerk and is incorpol
by reference and made a part hereof; and
WHEREAS, the Code provides that before the final I
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approved by the City Council, Subdivider must have compl
the requirements of said resolution and must have either
and completed all of the public improvements an3 land de.
work required by the Code and said resolution to be inst
subdivisions before final maps of subdivisions are apprc
City for purpose of recording in the office of the Count
of San Diego County, or as an alternative thereof, that
shall enter into an agreement with City, secured by an E
improvement security to insure the performance of the wc
to the requirements of the Code, agreeing at its own ex1
install and complete, free of liens, all of the public .
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and land development work required in the subdivision w
definite period of time prescribed by the Council; and
WHEREAS, Subdivider, in consideration of the appro’
recordation of this map by the Council, desires to ente
agreement wherein it is provided that Subdivider will i -_
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complete at its own expense, all the public improvement
required in connection with the proposed subdivision an
deliver to City an improvement security as approved by
Attorney; and
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WHEREAS, complete plans and specifications for thc
tion, installation and completion of the public improvc
have been prepared and approved by the City Engineer, ;
the drawings listed on Line 5, of Page 1 hereof which 1
filed in the office of the City Engineer and are incorl
reference herein and made a part hereof; and
WHEREAS, it is necessary that certain monuments a
as specified on the final map shall be installed withi
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days after completion of the required improvements and tl:
acceptanceby City, and that street signs be placed at ii
sections, as required by the Code; and
WHEREAS, an estimate of the cost of constructing the
improvements and necessary land development work in conn
therewith according to said plans and specifications has
and has been approved by City Engineer in an amount stat
Line 6 of Page 1 hereof, which estimate is attached here
Exhibit A and made a part hereof; and
WHEREAS, an estimate of’ the cost for the installatic
monuments has been approved by City Enyineer in an amour
on Line 7 of Page 1 hereof, which estimate is attached 1
marked Exhibit B and made a part hereof;
NOW, THEREFORE, in consideration of the approval an(
recordation by the City Council of the final map of thi:
division, and other valuable consideration, Subdivider
agree as follows:
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1. Subdivider shall:
(a) Comply with all the requirements of said t
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map resolution, and any amendments thereto
the provisions of the Code.
(b) Complete at its own expense, in accord wit
and specifications and to the satisfactior
of the City Engineer, all of the public in
and land development work required in and
the subdivision.
(c) Furnish the necessary materials therefor,
formity with the plans and specifications
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in the office of the City Engineer.
Notify City Engineer in writing at least f
days prior to the commencement of the work
so that City Engineer shall be able to pro
services of inspection.
Complete the improvements under this contr
or before the time limit stated in Line 8
hereof.
Install all monuments required by law wit1
days after the completion and acceptance c
improvements by the City Engineer.
Install temporary street name signs if pel
street name signs have not been installed
If any of the public improvement and land deve.
work contemplated by this agreement is to be constructec
led on land not owned by Subdivider, no construction or
shall be commenced prior to the dedication and acceptan
of appropriate easements.
(d-3
(e)
(f)
(9)
2.
3. The City Engineer or his duly authorized repre
upon request of Subdivider, shall inspect at Subdivider
the improvements herein agreed to be constructed and in
Subdivider, and if determined to be in accordance with
City standards and the terms of this agreement, shall I
the acceptance of such improvements by City. Subdivide
at all times maintain proper facilities, and provide si
for inspection by City, to all parts of the work, and I
wherein the work is in preparation.
4. Subdivider shall furnish to City good and suf
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security on forms approved by City, in the amount of 10(
estimated cost of said improvements as stated on Line 6 (
hereof, to assure faithful performance of this agreement
regards to said improvements, and in the additional amou
of said amount for securing payment to contractor, his s
tors and persons renting equipment or furnishing labor o
to them for the improvements required to be constructed
installed hereby, and in the additional amount of 25% of
amount to guarantee or warrantythe work done pursuant tc
agreement for a period of one year following acceptance
by City against any defective work or labor done or defc
materials furnished. Subdivider shall furnish to City I
security in the amount of 100% of the estimated cost of
subdivision monuments as stated on -Line 7 of Page 1, he
as required by this agreement. The securities required
agreement shall be filed with the City Clerk and when s
shall be incorporated by reference herein.
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5. Any changes, alterations or additions to the i
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I plans and specifications or to the improvements, not ey
of the original estimated cost of the improvement, whic
mutually agreed upon by City and Subdivider, shall not
the improvement security given for faithful performancc
improvement. In the event such changes, alterations, I
exceed 10% of the original estimated cost of the irnpro
Subdivider shall provide improvement security for fait
fonnance as required by Paragraph 4 of this agreement
of the total estimated cost of the improvement as char
or amended, minus any completed partial releases there
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by Paragraph 6 of this agreement.
6. The securities required by this agreement shall
released as follows:
(1) Securfity given for faithful performance of
act or agreement shall be released upon th
completion and acceptance of the act or wo
to the provisions of Subsection (2) hereof
The City Engineer may release a portion of
security in conjunction with the acceptanc
performance of the act or work as it progi
upon application therefor by the Subdividt
however, that no such release shall be fol
(2)
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$5 !2
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less than 25% of the total improvement sec
for Eaithful performance of the act or wo.
that the security shall not be reduced to
less than 50% of the total improvement se
given for faithful performance until fina
and acceptance of the act or work. In nc
the City Engineer authorize a release of
ment security which would reduce such sec
an amount below that required to guarantc
completion of the act or work and any otl
imposed by the Code, the Subdivision Map
agreement.
Security given to secure payment to the
his subcontractors and to persons furnis
materials or equipment shall, six months
completion and acceptance of the act or
6.
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(3)
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reduced to an amount equal to the amount of
- therefor filed and of which notice has been
the legislative body plus an amount reasona
mined by the City Engineer to be required t
performance of any other obligations securc
The balance of the security shall be Yelea!
settlement of all such claims and obligatir
which the security was given.
(4) No security given for the guarantee or war
work shall be released until the expiratio
period thereof and until any claims filed
period have been settled.
7. Subdivider shall replace, or have replaced, or
have repaired, as the case nay be, all pipes and monum
the map which have been destroyed or damaged, and Subdi
replace or have replaced, repair, or have repaired, as
be, or pay to the owner, the entire cost of replacemend
of any and all property damaged or destroyed by reason
done hereunder, whether such property be owned by the 1
or any agency thereof, or the State of California, Or
political subdivision thereof, or by the City or by an
private corporation, or by any person whomsoever, or b
nation of such owners. Any such repair or replacement
the satisfaction, and subject to the approval, of the
8. Subdivider shall, at Subdivider's expense, obi
necessary permits and licenses for the construction o
improvements, give all necessary notices and pay all
taxes required by law.
7.
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9. In the event that Subdivider fails to perform ar
obligation hereunder, Subdivider authorizes City to perfc
obligation twenty days after mailing written notice of dc
Subdivider and to Subdivider's Sureky, and agrees to pa;
cost of such performance by City.
The sums provided by the improvement security m
by City for the completion of the public improvements wi
subdivision in accordance with specifications contained
City may take over the work and prosecute the s
completion, by contract or by any other method City may
advisable, for the account and at the expense of Subdivi
Subdivider's Surety shall be liable to City for any exce
or damages occasioned City thereby; and, in such event,
without liability for so doing, may take possession of,
in completing the work, such materials, appliances, plar
Zugd 16 +>
FF $ 17
c 0 18
19
20
21
UIzN< Oa';
a9
property belonging to Subdivider - as may be on the site c
and necessary therefor.
10. In the event that Subdivider fails to perform d
obligation hereunder, Subdivider agrees to pay all cost
expenses incurred by City in securing performance of su
obligations, including costs of suit and reasonable att
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fees.
11. Subdivider shall guarantee or warranty the wor
pursuant to this agreement for a period of one year aft
acceptance of said work against any defective work or 1
Or defective materials furnished. If within said peric
structure or part of any structure furnished and/or inf
constructed, or caused to be installed or constructed k - a.
1
2
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4
5
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7
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11
12
q 13 u9 0) 7 0 oLy$ 14
g&<5 15
u', 3a
$& 00 6 16 ZSNS zp y >+ K 17
18 >$
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a Q m
2;Ez >
wu
a
k 0
0 -0
Subdivider, or any of the work done under this agreement
to fulfillany of the requirements of this agreement or .
and specifications referred to herein, Subdivider shall I
delay and without any cost to City, repair or replace or
struct any defective or otherwise unsatisfactory part or
the work or structure. Should Subdivider fail to act pr
in accordance with this requirement, Subdivider hereby E
City, at City's option, to perform the work twenty days
mailing written notice of default to Subdivider and agrc
pay the cost of such work by City. Should the exigencic
case require repairs or replacements to be made before f
can be notified, City may, at its option, make the nece
repairs or replacements or perform the necessary work a
divider shall pay to City the cost of such repairs.
12. Neither Subdivider nor any of Subdivider's age
contractors are or shall be considered - to be agents of
connection with the performance of Subdivider's obligat
this agreement.
13. Nothing contained in this agreement shall prec
from expending monies pursuant to agreements concurreni
previously executed between the parties, or from enter
agreements with subdividers for the apportionment of cc
water and sewer mains pursuant to the provisions of thl
Municipal Code providing therefor, nor shall anything
stated comit City to any such apportionment.
14. Until such time as all improvements required
agreement are fully completed and accepted by City, SI.
will be responsible for the care, maintenance of and i
9.
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-ondi tioii existent in said -ixprovements, a.rd will protect
I ‘travcI.ing public froin such defective or dangerous conditic i, *he Srrbdivider hereb:< agrees to pay for such insp:xtion 0:
I’
I
n t
a
9
20
e 11
0 12 U CLl
Glintprovements as may be required by the City Engineer of tl
Cj ty-.
15. Upon acceptance 05 the work on behalf of City a
recordation of the Yotice of ComDletion, ownership of the
improvemsnts constructed pursuant to t.his‘ agreement shall
li:n city.
16. Acceptance of the work on behalf of City shall
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and employees from any and all claims, demands, causes c
liability or loss oC any sort becaxse of, or arising OUT
or omissions of Subd.ividex, its agents or employees in
formance of this agreement, including claims, denands, (
of action, liability, or loss because of, or arising ou
design or construction of the improvements:
that the approved improvement security shall not be req
provided,
8 10.
4
,5 I
6
7i 8
$
of the diversion of waters from the design construction c
m.aiiiter.ance of drainage systens, streets .and other imp-oy
Acceptance by the City of the improvements shall not con:
an assumpticn by the City of any responsibility for such
or taki.117. City shall Eat be an insurer or s~uety for t
or constrnction of the subd.i.vision pursuant to the appro
21
12 n a
% O3 li -2 w
I
full force and effect for 10 years foilowing the accept;:
the C,ity of the improvenrents.
, 18,. C.i_ty shall not, nor shall any officer or e;l;p-lt E 4 0'
'I u 2'; a uK m
. $E 2 17
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4;i > 6
shall said Ci-ty, 1103: any officer or employee thereof, b
for any persons or property injured by reason of said w
1 improvements, but all of said liabilities shall be asst
Subdivider.
19. Sale. c?r other disposition of this property w:j
relieve Subdivider from the obligations set forth here.
20. Time is of the essence of this agreement. SI
shall conunence substantial construction of the improve]
required by this agreement not later than nine months
the time for completion. Provided that in the evemt g
is shown therefore, the City Council may extend the ti
commencement of construction or completion of "the imp]
I
11..
1. - I hereui:der, Any su~h ex-?t?nsICjx~ ::?cy Lx? y cant;..;: wi?-ko~t.?.t rtc>+,j I
9 1, 3.0
3.1
the agreement as extexded in an increased amount as necei
compensate for any increase in construction costs as detc
by' the City Engineer.
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7 I such execution; and by Subdivider.
DATED this &?&&A ~ day of /&&L,LC~ ,
to
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0
m7FF ATTAW 54 GNATURE PA
-
(Notarial acknowledgment of execution of Owner must be
6
7
8 APPROVED AS TO FORM:
. 16
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STATE OF CALIFORNIA) - COUNTY OF SAN DIEGO) ss’ \
On this c day of signed Notary Public, personally peared FRANK D. ALE 1 known to me to be the City Ma ger of the City of Carl
Municipal Corporation, and be the person who execut within instrument on behgd’f of said Municipal Corporat acknowledged to me tha,P”such / City of Carlsbad, Califor
the same.
WITNESS my hand and official seal.
\
\ 7 , before me,
/ / /
p’ /
,
,<
I
NOTARY PUBLIC
,’ L/ . J
(SEAL)
-5-
'. e 0
BIRTCHER BUSINESS CENTER -
CORPORATE PALOMAR PHASE 11, a
California limited partnership
By: CAMPBELL - PALOMAR 11, a
California general
partnership, General Partner
By: BIRTCHER PACIFIC 11, a
California general partnership, Partner
#
By :
Its: Partner
F*!K-;:-T:?,:. /:" ./' <=z ' .'/ A*/ 1 *-.' By :
Robert M. Cazpbell,,
Partner
- - --- - ____ - _. _____ - _._ .- -. - -. __ ._-
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
/ /8d?J-- , before me the undersigned,
Public On in and &!z:d Stte, personally appeared Raymond R. Pa
to me to be the ASSt. City Manager of the City of Carlsbad, a b
Corporation of the State of California, known to me to be the PE
who executed the within instrument on behalf of said Municipal C:
and acknowledged to me that such City of Carlsbad, California, e the same.
WITNESS my hand and official seal.
FA%/#&% OTARY PU
-
* e
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF
1 ss 1
I - *-- On : ( d<9x4,+,q,r , 19,'?'.> , before me, the undersigne a Notary Publi& in and for said State, personally appear
ROBERT M. CAMPBELL, personally known to me (or proved to me
the basis of satisfactory evidence) to be a partner
CAMPBELL-PALOMAR 11, a California general partnership, whi
partnership is known to me to be the general partner
California limited partnership, the limited partnership th
executed the within instrument on behalf of CAMPBELL-PALOM
11, that said partnership executed the within instrument
behalf of BIRTCHER BUSINESS CENTER-CORPORATE PALOMAR PHASE I
and that BIRTCHER BUSINESS CENTER-CORPORATE PALOMAR PHASE
executed the same.
-
BIRTCHER BUSINESS CENTER-CORPORATE PALOMAR PHASE 11,
executed the within instrument, and acknowledged to me that
WITNESS my hand and official seal.
/-
,-, /
,_ -_ - I-
NOTARY PUBLIC
-I-- I ,
(SEAL)
@ *
ACKNOWLEDGMENT
STATE OF CALIFORNIA ) 1 ss 1
, 19-5- , before me, the undersignec State, personally appear(
personally known to me (<
partner of BIRTCHER PACIFIC XI, a California general partnei
tisfactory evidence) to be
ship, which partnership is known to me to be a partner (
CAMPBELL-PALOMAR 11, a California general partnership, whic
partnership is known by me to be the general partner
California limited partnership, the limited partnership th executed the within instrument, and acknowledged to me that
executed the within instrument on behalf of BIRTCHER PACIF
11, that said partnership executed the within instrument
behalf of CAMPBELL-PALOMAR 11, and that said partnersh
executed the within instrument on behalf of BIRTCHER BUSINE
CENTER-CORPORATE PALOMAR PHASE 11, and that BIRTCHER BUSINE
BIRTCHER BUSINESS CENTER-CORPORATE PALOMAR PHASE 11,
- CENTER-CORPORATE PALOMAR PHASE I1 executed the same.
WITNESS my hand and official seal.
NOTARY PUBLIC
/” /, ” c_ /‘ ,/<--- ,T;j +- i t I .
Name (Typed or Printed)
(SEAL)