Loading...
HomeMy WebLinkAbout1987-09-01; City Council; 7999-3; DEVELOPER'S REQUEST FOR RELIEF FROM COUNCIL IMPOSED CONDITION OF APPROVAL FOR CARLSBAD GATEWAY CENTER (SDP 84-05)L QI a 0 ri a, z a a, s u -6, 3 h .rl a, Li =I w U a, 5 g 0 U w rd m +I u g 4 d rd 0 u a G .rl E: $ U /- 2 m ? LI u U (d a, E a, H a2 rl m JZ h I I .. 2 0 - 6 a i 0 z 3 0 0 cv OF CARLSBAD - AGEN~ BILL AB#-! TITLE: DEP CITY MTG. 09/01/87 DEVELOPER’S REQUEST FOR RELIEF FROM - COUNCIL IMPOSED CONDITION OF APPROVAL FOR DEPT.-ENCL--- CARLSBAD GATEWAY CENTER (SDP 84-5) CIT’U RECOMMENDED ACTION: Staff recommends modifications of conditions of appro\ granting partial occupancy for Carlsbad Gateway Cent (SDP 84-5) *-5h- a na.- ITEX EXPIANAI’ION The developer requests occupancy of 5 buildings be grant prior to completion of street, drainage, and wat improvements on Palmer Way, Cougar Drive, and El Cami Real. T’he request is included herein as Exhibit No. 3. City requirements for the improvements are stated Condition No. 34 of Resolution No. 7956, cited below: IIThe developer shall install said improvements to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy or occupancy of any portion of the project for any purpose. *I The Developer requests occupancy of buildings A, B, C, I and G as shown on Exhibit 1. These buildings have a tot; area of 147,617 square feet. The structures are close 1 completion. The remaining buildings allowed under the approved si1 plan are buildings D, E, H, and I. Their total area : 83,850 square feet. Work has not begun on the: buildings. The improvements required consist of drainage, street, ai water irnprovements . Drainage improvements will convc drainage to Sunny Creek to the northeast. Strec improvements will convey traffic to the southwest providing an intersection at El Camino Real. Securit Bonds for performance of work are executed for $637,0C with the City and $262,000 with the Costa Real Municipe Water District. The Actual construction is now less ths 10% complete. Staff recommends that only 4 of the buildings be releasec Prior to their release, drainage improvements and securit for future median improvements is required. One building * 0 * AGENDA BILL .NO. 79 99 - PAGE 2 3 Will not be released for occupancy. The building to held may be selected by the Developer. Upon completion the street and water improvements to the satisfaction the City Engineer, further occupancies and buildj permits may be granted. FISCAL IMPAC'JC Denial lof the Developer's request will delay payment development fees associated with tenant improvements. EXHIBITS 1. Location Map. 2. Hes,olution No. 724.3 revision condition No. 34 Resolution No. 7956 3. Request from Frederick Walters for Davj Developments. 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 I) e RESOLUTION NO. 9223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REVISING CONDITION NO. 34 OF CITY COUNCIL RESOLUTION NO. 7956, ALLOWING PARTIAL OCCUPANCY PRIOR TO COMPLETION OF PUBLIC IMPROVEMENTS FOR SDP 84-5 WHEREAS, the applicant for SDP 84-5 has reques. occupancy be granted prior to completion of requirec improvements; and WHEREAS, the applicant will provide security improvements in accordance with Section 20.16.080 Municipal Code ; and WHEREAS, compliance with Condition 34 could rt extreme hardship for the applicant. NOW,, THEREFORE, BE IT RESOLVED by the City Counci City of Carlsbad, California, as follows: 1, That the above recipations are true and corre \ 2, That the Condition 34 of City Council Resolc 7956 be revised as follows: Add the following statement: I 2o 21 22 23 24 25 26 27 28 The developer may obtain occupancy of 4 buildin? prior to completion of the improvements providc the conditions listed below are met: 1. The developer shall complete an erosion control plan for drainage over the areas partially graded along Palmer Way and Cougar Drive. Additional desiltation basin(s) will be required. 2. The developer shall construct additional detention basins in accordance with Condition 31 of Resolution NO. 7956. This condition will not apply if the drainage system is completed. I ! i 1 1 2 3 4 5 6 7 8 9 LO 11 12 13 I.4 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 e 0 3. The developer shall provide a cash deposit security for the design and future improvement of curbed medians along the project frontage on El Camino Real. 4. Additional permits and occupancies for the project will not be granted until all improvements are completed to the satisfaction of the City Engineer PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the by the following vote, to wit: day of AYES : NOES : ABSENT : CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. x4UTENKRANZI City Clerk (SEA1) I I 2 w e e LOCATION MAP 1 LEGEND: to- Indicates public improve _- to be constructed PHASE 1 SITE PLAN -%/ VICINITY MAP NO 6C.L-z PROJECT NAME8: SDP 84-5 - ,E CARLSBAD GATEWAY CENTER 0 0 .. DEVELOPMENTS CARLSBAD GATEWAY CENTER 2820 Camino Del Rio South Suite 202 San Diego, California 92108 (619) 296-6307 August 4, 1987 Mayor Bud Lewis City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 iw . iglarty urenyak Director of Building City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 Re: Certificates of Occupancy Carlsbad Gateway Center (SDP 84-5) Dear Mayor Lewis and Mr. Orenyak: As owners of the Carlsbad Gateway Center, it was suggest we request in writing that issuance of Certificates of Occupa~ €or Phase I of our project be placed on the next available C! Council Agenda for action by the City Council. city council Resolution No. 7956 approving Carlsbad Gatel, Center for approximately 210,000 square feet of commercia industrial facilities in 9 separate buildings included t requirement that all on-site and off-site improvements will constructed to the satisfaction of the City Engineer prior occupancy. Phase I of the Center (5 buildings totaling 135,O square feet) is essentially compiete ana ready for OccupanCy, k issuance of occupancy permits is being delayed as a result unanticipated complications in finalizing some of the off-si improvements, We are requesting Certificates of Occupancy be allowed f Phase I while we are completing the off-site improvement Carlsbad Gatewt3y Center is j-dt asking to be relieved from i responsibilities to complete all of the off-site improvement but simply requesting that occupancy not be withheld from Phase D *\lj& 45987 euilding Department ~82~ C~\II\O DEL RIO SOLTH >I\ DIEGO C iLIFOR\Ii 92108 619-296-6307 I I I I caw OF CARLSEA' rvarunrl - e e *. I Mayor Bud Lewis Mr. Marty Orenyak August 4, 1987 Page 2 buildings while we continue to diligently pursue construction the limited remaining off-site improvements. The required on-site and off-site public improvements this project are very extensive. They include signif ic improvements to El Camino Real, the extension of Palmer Way c site, including its connection with El Camino Real northerly the project, and substantial storm drain, water line and ot public improvements. substantially all of the off-site improvements are subscantially completed. connection of Palmer Way to El Camino Real and an off-site st drain segment, are not yet completed but are being diligen pursued. The delay resulted from a combination of circumstan beyond the control of Carlsbad Gateway Center. Those h included the necessity to institute condemnation actions obtain the required off-site easements and otherwise satir demands from other property owners who have changed thc posikion regarding location and design of the improvements. Carlsbad Gateway Center is contractually obligated to . City of Carlsbad to fully fund and construct all of these o site requirements, including fully secured improveml agreements, payment of all the costs for condemnation, and fu bonded construction of these improvements to completion. Given all of these circumstances, we believe the City well justified and fairness requires Certificates of Occupai not be further delayed for Phase I of our project. Such de: would re.sult in substantial hardship to the owners and 1 possible loss of tenaiits who are waiting to open their busiGes! here in Carlsbad. The City is fully secured and the prope: owner is fully obiigated, contractually and financially, complete the limited off-site work remaining unfinished. We not believe any adverse impact will result to the public developed access exists and satisfactory drainage facilities i in place pending completion. All of the Phase I on-site improvements A portion of the off-site improvement requirements, Carlsbad Gateway Center is not requesting any waiver conditions, merely authorization to obtain Certificates Occupancy for Phase I while it continues to pursue completion c E&H 1% rr - II) * Mayor Bud Lewis Mr. Marty Orenyak August 4, 1987 Page 3 the limited off-site work at this time. We are committed completing that work as soon as possible and we welcome City's continued close monitoring of our progress. Very truly yours, CARLSBAD GATEWAY CENTER By: R. Frederic Walters Managing Partner cc: Vincent F. Biondo, Jr:, City Attorney Lloyd Hubbs, City Engineer David A. Hauser, Assistant City Engineer EXM I brr @ CITY OF CARLSBAD 0 Inter-Office Correspondence I I I I C.ew7-254. /?J. 277 I I I 0 F F 1 c E : L L-fKPEAT D,E/&dCj# TO: CAT./ GLLGLZK F R 0 M : ,&>VG>+Sk-A&'G I DATE: ,~?Ei-4. 3QR/%'& SUBJECT: c D, ,7. 8q-S" i3#/&S,&~~ SflBfi''7 MtSSAGt 1 /~?.&T&E P&'QC@~~ .AS @EP~/&,EO EF? AmoLM- &*Ye DATn;r s ..- .ZM, ;7,1986 Aflfi 273-3 g e3-7p-c"". :rA& L x A&* PSr x $-63T,Qc=- v # 82 b(6 ,3-0 J&-~&p27-hu +?! c rn 5.J $&/rnflfl?W 2724 cow e p&. 23, ;?de 273*3c +h\" d' <L"' ~flFm+em~~ / & Ac%?X-@=- :TAU,?,qd@ 2 T/iW =zdc/b-?, ,4 d6 73/ ST%- 731 5976 hjrc ( D /=-A/.%%NL a L&5w +fl*"45 (d &k7&C9 /?x*- Bud0 ais. 8&3?8, SQO- 52 ZI /, z/ 2 9/8 b -L q-- RrJ(JWP.cn3 7-0 4 J-7z7&v ,L/LA?=~J 1 dojf mMar-Za @ /srRf G- ts lP&l [ gL b I + Y c5 F&*# &&.4R. Attachments: Reply Requested: Signature: RtPLY: Date: Signature: 1 A' 1 1 2 3 4 5 6 7 8 9 10 11 12 a a m v) m 13 i8N E4 d) 14 g-L$Z z:$o ska% 15 yr2 U +p 5284 6 16 082$ $L 2 17 44 >-o c- 0 18 ow< 19 0 e DEVELOPMENT IMPROVEMENT AGREEMENT /I .'' /Y/7 -- DATE OF AGREEMENT: Ai,, y NAME OF DEVELOPER: Davis/Walters/Gadco - Carlsbad Gatewav NAME OF DEVELOPMENT: S.D.P. 84-5 Carlsbad Gateway Center / TIME LIMIT FOR COMPLETION OF IMPROVEMENTS: 12 months IMPROVEMENT DRAWINGS NO.: 273-3, 273-3B, 273-3C ESTIMATED TOTAL COST OF IMPROVEMENTS: $637,000.00 SURETY AND BOND NO. : 7f,e Aeencttn ~OS~L~C~ Lo. 7315976 THIS AGREEMENT is made and entered into by and betwee City of Carlsbad, California, a Municipal Corporation of t State' of California, hereinafter referred to as City; and Developer named on Line 2 of Page 1 hereof, hereinafter re to as Developer. RECITALS WHEREAS, Developer has presented to City, for approvi issuance, plans and application for entitlement(s) as stal i 2o 21 22 23 24 25 26 27 28 Lines 3 and 4 of Page 1 hereof, hereinafter referred to a Development, pursuant to provisions of the Carlsbad Munic Code, hereinafter referred to as Code, relating to the ap and issuance of discretionary and ministerial entitlement WHEREAS, the Code provides that before the Developme approved and issued by the City, Developer must have comg with the requirements of said Code and must have either' i and completed all of the public improvements and land del work required by the Code, or as an alternative thereof, I I .I 1 2 3 4 5 6 7 8 9 10 11 12 4 m m 13 -4: a Suxi vwq 14 zk<- $$? 15 0x2 U. ;=o '1; 8s 16 0 =2 E a+l $5 E! 4 17 VI >o k l8 0 0 0 Developer shall enter into an agreement with City, secured approved improvement security to insure the performance of work, pursuant to the requirements of the Code, agreeing, own expense, to install and complete, free of liens, all o public improvements and land development work required as condition of approval and issuance of Development within a definite period of time as stated on Line 5 of Page 1 here WHEREAS, Developer, in consideration of the approval issuance of Development by City, desires to enter into thi agreement wherein it is provided that Developer will insta complete at its own expense, all public improvement work I in connection with the said Development and will deliver t an improvement security as approved by the City Attorney; WHEREAS, complete plans and specifications for the construction, installation and completion of the public improvement work have been prepared and approved by the C Engineer, as shown on the drawings listed on Line 6 of Pa( hereof which have been filed in the office of the City Enc I 201 21 22 23 and WHEREAS, an estimate of the cost of constructing the improvements and necessary land development work in conne therewith according to said plans and specifications has 25 24 26 27 28 made and has been approved by City Engineer in an amount on Line 7 of Page 1 hereof, which estimate is attached he marked Exhibit A and made a part hereof; I NOW, THEREFORE, in consideration of the approval and issuance of Development by City, and other valuable 2. I 1 2 3 4 5 e t consideration, Developer and City agree as follows: 1 . Developer shall: a. Comply with all the requirements of said Development and any amendments thereto and wit provisions of the Code. b. Complete at its own expense, in accord with th 6) 7 a 9 10 11 12 rn a 13 28 52 2 gU2, vwa 14 ZQUZ g;<g 15 6 16 1-t;" Zz8a va2m zo I? D U uv3: '5 5 17 I.8 >o k v plans and specifications and to the satisfacti and approval of the City Engineer, all of the public improvement and land development work required in and adjoining the development. c. Furnish the necessary materials therefor, in conformity with the plans and specification or in the office of the City Engineer. , d. Notify City Engineer in writing at least fiftt days prior to the commencement of the work hereunder so that City Engineer shall be able provide services of inspection. gP e. s Complete the improvements under this contract I 19 20 21 22 23 24 25 26 27 28 before the time limit stated on Line 5 of Pagc hereof. ,I f. Install temporary street name signs if perman street name signs have not been installed. 2. If any of the public improvement and land develoF work contemplated by this agreement is to be constructed c installed on land not owned by Developer, no construction installation shall be commenced prior to the dedication' ar acceptance by City of appropriate easements. 3. The City Engineer or his duly authorized represer 3. I1 1 2 3 4 5 6 7 a 9 10 11 12 4 B 00 13 -4 5% uws cn 14 g-dz z05= 15 >>$ e+<- “Gr< u. ‘JU 16 pw. uYzz on?; ZE 2 17 l8 19 20 21 22 23 24 25 26 27 20 0 44 >o 0 k 0 0 upon request of Developer, shall inspect at Developer’s ex1 the improvements herein agreed to be constructed and instal Developer, and if determined to be in accordance with applj City standards and the terms of this agreement, shall recor the acceptance of such improvements by City. Developer Shi all times maintain proper facilities, and provide safe acct inspection by City, to all parts of the work, and to the SI wherein the work is in preparation. 4. Developer shall furnish to City good and sufficiei security on forms approved by City, in the amount of 100% ( estimated cost of said improvements as stated on Line 7 of 1 hereof, to assure faithful performance of this agreement regard to said improvements, and in the additional amount 1 of said amount for securing payment to contractor, his subcontractors and persons renting equipment or furnishing or materials to them for the improvements required to be constructed or installed hereby, and in the additional am0 25% of said’ amount to guarantee or warranty the work done pursuant to this agreement for a period of one year follow acceptance thereof by City against any defective work or 1 done or defective materials furnished. The securities req by this agreement shall be filed with the City Clerk and w filed, shall be incorporated by reference herein. I I 5. Any changes, alterations or additions to the improvement plans and specifications or to the improvement exceeding 10% of the original estimated cost of the impirov which are mutually agreed upon by City and Developer, shal relieve the improvement security given for faithful perfor 4. If 1 2 3 4 5 6 7 a 9 10 11 12 4 Y a~ m 13 a= E 76 g4z owa 14 zoza SE<~ 15 mGz< ,*io 0°C: 3 2 17 <a k 18 l9 20 21 22 23 24 25 26 27 28 0 LL $y8$ 16 to u e 0 of the improvement. In the event such changes, alteration2 additions exceed 10% of the original estimated cost of the improvement, Developer shall provide improvement security faithful performance as required in Paragraph 4 of this agi for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases thereof as allowed by Paragraph 6 of this agreeme 6. The securities required by this agreement shall bc released as follows: a. Security given for faithful performance of an or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of Subsection (b) h b. The City Engineer may release a portion of th security in conjunction with the acceptance o performance of the act or work as it progress applicaton therefor by the Developer provided no such release shall be for an amount less t of the total improvement security given for f performance of the act or work; and provided such release shall be for an amount less than Thousand Dollars ($10,000). In addition, the I I security shall not be reduced to an amount le 50% of the total improvement security given f faithful performance until final completion a acceptance of the act or work. In no event s the City Engineer authorize a release of the improvement security which would reduce such 5. 1 2 3 4 5 6 7 8 9 10 11 12 4 m (0 13 0 9: %2 m buys 14 (.$z~ g>90 sc_<u- 15 LA oz;: ,>dU wz zW8o- 16 o=Gj E? i: 17 44 >o k 0 18 0 0 security to an amount below that required to guarantee the completion of the act or work an other obligation imposed by the Code or this agreement. cI 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, reduced to an amount equal to the amount of a1 claims therefor filed and of which notice has given to the legislative body, plus an amount reasonably determined by the City Engineer to required to assure the performance of any othe obligations secured thereby. The balance of t security shall be released upon the settlement all such claims and obligations for which the security was given. d. No security given for the guarantee or warrant I/ 20 21 22 23 24 25 26 27 28 I period thereof and until any claims filed duri said period have been settled. 7. Developer shall replace or have replaced, repair o repaired, as the case may be, or pay to the owner, the enti cost of replacement or repairs, of any and all property dam or destroyed by reason of any work done hereunder, whether property be owned by the United States or any agency thereo the State of California, or any agency or political subdivi thereof, or by the City or by any public or private corpora 6. I 1 2 3 4 5 6 7 8 9 10 11 12 13 5% 0) 81.25 OWq 14 z;$ Gl-q:Lfr "aI< 15 1. .-lo go 0) >s $ 17 18 19 20 21 22 23 24 a U m q $LgQ- gzzs 16 >o t 0 25 26 27 28 e 6 or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval of the City Engin 8. Developer shall, at Developer's expense, obtain a1 necessary permits and licenses for the construction of such improvements, give all necessary notices, and pay all fees taxes required by law. 9. In the event that Developer fails to perform any obligation hereunder, Developer authorizes City to perform obligation twenty days after mailing written notice of defa to Developer and to Developer's Surety, and agrees to pay t entire cost of such performance by City. The sums provided by the improvement security may be L by City for the completion of the public improvements requf as a condition of approval and issuance of Development in accordance with specifications contained herein. City may take over the work and prosecute the same to completion, by contract or by any other method City may de€ advisable, for the account and at the expense of Developer, Developer's Surety shall be liable to City for any excess ( damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, anc utilize in completing the work, such materials, appliances, and other property belonging to Developer as may be on the of the work and necessary therefor. 10. In the event that Developer fails to perform ,any obligation hereunder, Developer agrees to pay all costs an( expenses incurred by City in securing performance of such 7. 1 1 2 3 4 5 6 7 8 9 1o 11 12 m a 13 4 oUs 14 205 otgg 15 "GI< 5zs$ 16 oa2m 17 zo y 18 19 a a 52 8 gU32 :p >5 9 >.o L= 0 e 0 obligations, including costs of suit and reasonable attornel fees. 11. Developer shall guarantee or warranty the work dol pursuant to this agreement for a period of one year after f acceptance of said work acjaingt any defective work ~r labor or defective materials furnished. If within said period an: structure or part of any structure furnished and/or install constructed, or caused to be installed or constructed by Developer, or any of the work done under this agreement, fa fulfill any of the requirements of this agreement or the pi and specifications referred to herein, Developer shall witt delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part parts of the work or structure. Should Developer fail to i promptly or in accordance with this requirement, Developer authorizes City, at City's option, to perform the work twer days after mailing written notice of default to Developer < agrees to pay the cost of such work by City. Should the exigencies of the case require repairs or replacements to 1 20 21 22 23 24 25 26 27 2% 1 before Developer can be notified, City may, at its option, the necessary repairs or replacements or perform the neces work and Developer shall pay to City the cost of such repa 12. Neither Developer nor any of Developer's agents contractors are or shall be considered to be agents of Cit connection with the performance of Developer's obligations this agreement. 13. Nothing contained in this agreement shall precl from expending monies pursuant to agreements concurrently a. I, 1 2 3 4 5 6 7 8 9 10 11 12 v) m 13 D m 4 -4 %2 m 0 0 previously executed between the parties, or from entering j ayreements with developers for the apportionment of costs c water and sewer mains pursuant to the provisions of the Car Municipal Code providing therefore, nor shall anything here stated commit City to any such apportionment. 14. Until such time as all improvements required by 1 agreement are fully completed and accepted by City, Develox will be responsible for the care, maintenance of and any dz to such improvements. Developer shall give good and adequ: warning to the traveling public of each and every dangerou condition existent in said improvements, and will protect traveling public from such defective or dangerous conditio The Developer hereby agrees to pay for such inspection of improvements as may be required by the City Engineer of thl 1 2 3 4 5 6 7 8 9 10 11 12 U rn m 13 L3 v$z 14 ZGZk 15 ?I< LL do gL 0 cis 8 g-%$B ,282 16 17 oE:m g $ Q >Qo k 0 e or omissions of Developer, its agents or employees in the performance of this agreement, including all claims, demanc causes of action, liability, or loss because of, or arisin! of, in whole or in part, the design or construction of the improvements: provided, however, that the approved improve] security shall not be required to cover the provisions of paragraph. Said indemnification and agreement to hold har~ shall extend to injuries to persons and damages or taking ( property resulting from the design or construction of said subdivision and the public improvements as provided herein adjacent property owners as a consequence of the diversion waters from the design, construction or maintenance of dra systems, streets and other improvements. Acceptance by thc of the improvements shall not constitute an assumption by City of any responsibility for any damage or taking coverec this paragraph. City shall not be responsibie for the des construction of the subdivision or the improvements pursua the approved improvement plans regardless of any action ta ,. b. 1 2 3 4 5 6 7 8 9 10 11 12 13 5% a OL2Z Ow( 14 g02, 15 OG? =ka- ?I< lL iv :zcm zo (3 '5 5 17 18 D 4 m 38 $G 82 16 >O r- 0 19 * 0 specified in this agreement prior to the completion and acceptance of same, nor shall said City, nor any officer 01 employee thereof, be liable for any persons or property in: by reason of said work or improvements, but all of said liabilities shall be assumed by Developer. 19. Sale or other disposition of this property will I relieve Developer from the obligations set forth herein. 20. Time is of the essence of this agreement. Develc shall commence substantial construction of the improvement: shall diligently pursue construction of the improvements tc insure completion within the time limit stated on Line 5 0: 1 hereof. Provided that in the event good cause is shown therefor, the City Engineer may extend the time for complel the improvements hereunder. Any such extension may be grai without notice to Developer's Surety and shall in no way al the validity of this agreement or release the Surety or SUI on any bond given for the faithful performance of this agrc ' The City Engineer shall be the sole and final judge as to ~ whether or not good cause has been shown to entitle Develo] an extension. As a condition of such extensions the City ,i 21 22 23 24 25 26 27 20 Engineer may require Developer to furnish new security guaranteeing performance of the agreement as extended in ai increased amount as necessary to compensate for any increa: construction costs as determined by the City Engineer. The time limit stated on Line 5 of Page 1 hereof or a extensions thereof not withstanding, no occupancy permi't, temporary or permanent, shall be issued for any structure constructed pursuant to said Development until the improve] 11. .. 1 2 3 4 5 6 7 8 9 10 11 12 2 m a 13 ,% 3i 74 m gdz vwa 14 zozc CZZE 15 maz< LL io ,=$go oat!$ 16 $[ng 17 >o Y t la e e required by this agreement are completed to the satisfactic the City. 21. In the event that suit is brought by City to enf< the terms of this contract, City shall be entitled to procf such suit and a reasonable sum as attorney’s fees. IN WITNESS WHEREOF, this agreement is executed by the of Carlsbad, acting by and through its City Manager, pursu; Section 20.16.060 of the Carlsbad Municipal Code authorizir execution, and by Developer. day of 2) Fc. I 196 *V/-$/L?L~S /G/tb 60 -LA DATED this 24 @ GAi , 6&3/@AL fmmc DEVELOPER’ DEVELOPER (Notarial acknowledgement of execution of Developer must bc attached.) ‘ I 22 23 24 25 26 27 28 a R(iR1~1 9 R ~AL: VINCENT F. BIONDO, JR. City Attorney 3- MARTIN ORENYAK Community Development Direct0 j 12. I PARTNERSHIP ACKNOWLEDGMENT On this the 29 day of December 1986, bef California State of 1 ss. County of Sari Diego Joan M. Hebeler the undersigned Notary Public, personally appeared R. Fred Walters E personally known to me - proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on beha partnership, and acknowledged to me that the partnership execu WITNESS my hand and official seal. - lcJf4 M. HZBELER NOTARY P3SLlC- CALi'OGNIA SAN CECO C9UVPf - %G>-l 7130 122 NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd PO BOX 4625 Woo c -. 1. 1 2 3 4 5 f3 ' a 9 10 11 12 m a 13 !3z %% * gLL3z vw4 14 I' E>>O . mG2< +-x!& 15 16 I ,$do. Zz8O OaN; zg i 17 0 4 05a ut >-0 k 0 18 e 0 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) / ) ss. On this day of in the year before me, the undersigned, a Notary Public in and for-- State, personally appeared Frank S. Aleshire, known to me tc the City Manager of the City of Carlsbad, a municipaL1 corporation for the State of California known to w to be t person who executed the within instrument on bepdf of said municipal corporation, and acknowledged to ,w that such Ci Carlsbad/California, executed the same. ,/ WITNE/&'my hand and official seal. i ,- / ,' / i / / / /" ,/ / NOTARY PUBLIC i/ I j I / *e - .- Ir* 6 L_ / -1 e. * -- c REVISED COST ESTIMATES FOR 'THE CARLSBAD GATEWAY CENTER FOR PLAN CHECK FEE CALCULATIONS These quantities and cost estimates reflect revisions to the public improvement plans as of Sept. 16, 1986. In addition, onsite public water improvements have been included. Per the Costa Real Municipal Water District, those off-site water im- provements to be built on El Camino Rea1,Palmer and "Barber" are to be handled under seperate Agreements with the District for construction,inspection and plan checking of transmission facilities. Therfor, those transmission facilities are now excluded from the revised cost estimate and plan check fee calculations. STREET IMPROVEMENTS ITEM QUANTITY UNIT PRICE TOTAL 6" curb and gutter 2580 L.F. $ 12.00 $ 30,960 6" curb only 137 L.F. 6.00 822 4" sidewalk, incl. ramps 2425 S.F. 2.70 6,548 4" a.c. pavement 77500 S.F. 1.45 112,375 10" a.b. 77500- S.F. 1.25 96,875 6" a.c. berm 150 L.F. 7.20 1,030 2"x6" redwood header 1013 L.F. 1.00 1,013 9500 H.P.S.V. street lights 5 EA. 2900.00 14 , 500 .50 860 Remove sidewalk 1720 S.F. Remove curb 344 L.F. 1.20 413 Remove pavement 4200 3.F- 1-00 4,200 Remove tree 6 EA 300.00 1,800 Remove catch basin 1 EA 545.00 545 Relocate street light 1 EA 2000.00 2,000 Grade ditch 500 L.F. 11.00 5,500 Metal Barricade L.S. 3000.00 3,000 SUBTOTAL $282,491 SAY $282,500 T JM Our Job No. 84136 Paw 7 st 3, 1986 (Revised Sept. 16, 1986) (.e (9 SEWER IMPROVEMENTS - OFFSITE QUANTITY UNIT PRICE TOTAI Accessholes 6 Ea. $1750.00 $10,50C 8" V.C.P 1532 L.F. 25.00 38,30( Break into existing MH 1 Ea. 500.00 50C Shoring 1332 L.F. 10.00 13 I 32C ITEM 6" V.C.P. 36 L.F. 22.00 792 SUBTOTAL $63,50C SAY $64 I 500 WATER IMPROVEMENTS3FlSITE PUBLIC WATER SYSTEM ITEM QUANTITY UNIT PRICE TOTAL 8" A.C.P. 1690 L.F. $ 20.00 $33,500 6" A.C.P. 774 L.F. 18.70 14,474 8" gate valve 4 Ea. 740.00 2,960 Fire hydrant 9 Ea. 2030-00 18,270 9 Ea. 950.00 8,550 2" water service Hot tap connection to 12" 6" gate valve 4 Ea. 600.00 2,400 A.C.P. on Palmer 1 Ea. 1000.00 1,000 Remove and replace a.c. 50 S.F. 4.00 200 2" air release valve 3 Ea. 2000.00 6,000 2" air vaccum assembly 1 Ea. 2140.00 2,140 SUB TOTAL $89,794 SAY $89,000 T JM Our Job No. 84136 August 3,1986 (Revised Sept. 16, 1986) Page 2 .t t9 P STORM DRAIN IMPROVEMENTS ITEM QUANTITY UNIT PRICE TOTAL 15" R.C.P. 15 L.F. $ 40.00 $ 600 ',, 24" R.C.P. 116 L.F. 60.00 6 , 960 23 , 000 36" R.C.P. 230 L.F. 100.00 1,440 42" R.C.P. 12 L.F. 120.00 Pipe anchors 18 Ea. 300.00 5,400 Trans. structure No. 3 1 Ea. 4000.00 4,000 Conc. collar 2 Ea. 575.00 1,150 18" R.C.P. 44 L.F. 50.00 2,200 58,720 . 30" R.C.P. 734 L.F. 80.00 Type B curb inlet 3 Ea. 3000.00 9,000 Type B C.S.P. inlet 1 Ea. 1000.00 1,000 Type A-4 cleanout 4 Ea. 3000.00 12 , 000 Conc. energy dissipator 1 Ea. 6000.00 6,000 250.00 750 Brick & mortar plug 3 Ea. Type A-4 cleanout (mod.) 2 Ea. 3500.00 7 I 000 Rip rap (300 S.F.) Concrete ditch 12 C.Y. 135.00 1,620 100 L.F. 11.00 1,100 SUBTOTAL $141,940 SAY $l42,000 TOTAL $577,000 \u(cuc)s 4,QD ficciu Kflvcf~ 10% CONT. $ 57,700 GRAND TOTAL $634,700 SAY . $635,000 T JM Our Job No. 84136 August 3, 1986 (Revised Sept. 16, 1986) Page 3 OFFICE: CLIP RE^^ PE 3 1 2 3 1 4 GRADING AND EROSION CONTROL CASH SECURITY NAME OF DEVELOPER: DAVIS/MALTERS/GADCO - CARLSBAD GATEvJAY NAME OF DEVELOPMENT: S.D.P. 84-5 CARLSBAD GATEWAY CEtJTER E A.P.N. 209-040-34 10 11 12 1 hereinafter referred to as DEVELOPER, has applied, pur Chapter 11.06 of the Carlsbad Municipal Code, for a permit to perform excavation or fill work, or both, wi I i 21 22 23 24 25 I WHEREAS, DEVELOPER is required under the term permit and said Chapter 11.06 to furnish a bond for the performance of his or her obligations thereunder; and I WHEREAS, the CITY ENGINEER may require, pi I Subsection (f) of Section 11.06.080 of the Carlsbad I 2 3 WHEREAS, the CITY ENGINEER has determined tha deposit in the amount stated on Line 6 of Page 1 th 4 ~ necessary; and, 51 I 61 7l WHEREAS, DEVELOPER has submitted herewith, cas amount stated on Line 6 of Page 1 hereof; NOW, THEREFORE, DEVELOPER agrees as follows: 11 I terms of said grading permit, the City may utilize any I 15 16 17 grading site. 2. Upon the determination of the CITY ENGINEER grading site has been adequately stabilized with respe 20 21 22, 1 the City. I 3. The City shall pay interest on any monie deposit as security pursuant to the provisions of I I 231 24 53079(b) of the California Government Code, but not othe 4. That this agreement is in addition to a 25 26 27 I lieu of any other agreement or bond relating to sai 1 permit. The condition of this obligation is such th 2 I stand to and abide by, and well and truly keep and perfa work and fulfill the conditions of said permit and said [ 12 executed by the DEVELOPER above named, on /&\rk_~Qa u/ 13 i 1986. 17 l6 I