HomeMy WebLinkAbout1989-04-18; City Council; 9975; ACCEPTANCE OF PUBLIC IMPROVEMENTS OF SEACLIFF VILLAGE (CT 73-24)I
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MTG. 4-18-89 ACCEPTANCE OF PUBLIC IMPROVEMENTS
OF SEACLIFF VILLAGE DEPT.ENC. CARLSBAD TRACT NO. 73-24 CITY
RECOMMENDED ACTION:
Accept improvements, authorize City Clerk to record the Notice of Compl release bonds, and direct the Utilities and Maintenance Department to c( maintaining the public streets associated with the subdivision.
ITEM EXPLANATION
The Developer has constructed a1 1 improvements required of this projc has requested the City to accept the Public Improvements itemized in I
3. City forces have inspected the public improvements and found then satisfactory.
FISCAL IMPACT
The Utilities and Maintenance Department will be required to maint; public street, sewer and storm drain improvements. The value improvement i s estimated at $536,785.00.
EXHIBITS
1. Location Map.
2, Notice of Completion.
3. Itemization of Pub1 ic Improvements.
L
i 0 a
LOCATION MAP
ALL ROADS IN THIS SUBDIVISION ARE
PRIVATE EXCEPT FOR POINSETTIA LANE,
BATIQUITOS LANE, AND A PORTION OF
PASEO DEL NORTE.
7~ PROJ. PROJECT NAME: NO.
SEACLIFF VILLAGE CT73-24 1 1
0 0
EXHIBIT 3
ITEMIZATION OF PUBLIC IMPROVEMENTS
SEACLIFF VILLAGE CT 73-24
Street Improvements
3" A.C. Pvmt./6" A.B. 55,862.00
3" A.C. Pvmt./Variable THK Base 12,267 .OO AC Overlay (Variable THK) 13,175.00 Street Fill 13,086 .OO Type "G" Curb & Gutter 14,553 .OO Type "B-1" Curb Only 1,534.00
Sidewalk P.C.C. 4" THK 22,967.00
Street Trees 3,600.00 Street Lights (16,OOOL) 15,200.00 Street Lights (9,OOOL) 6,800.00 Street Name Sign 330.00 Stop Signs 150.00 Guide Markers 200.00 Guard Posts 1,430.00 Guard Rail 5,552 .OO
Total Value of Street Improvements 178,350.00
A.C. Berm 644.00
Block Wall - 6' High 11,000 .oo
Sewer Improvements
8" ESVCP 119,550.00
4" ESVCP 59,500.00 8" CI Pipe, CLI50 960.00
Manhole 19,708.00 Dead Ends (8" V.C.P.) 1,743 .OO
Total Value of Sewer Improvements 201,461.00
Storm Drain Improvements
54" RCP (1800D) 20,400.00
54" RCP (1350D) 27,390.00
36" RCP (1350D) 1 , 248.00
24" RCP (2000D) 1,908.00
24" RCP (1350D) 4,550.00
21" RCP (2000D) 2,400.00
18" RCP (1500D) 690.00
18" RCP (1350D) 6,138.00
Curb Inlet W/Local Dep (L-7') 2,070.00 Curb Inlet W/Local Dep (L=3') 5,130.00
0 0
ITEMIZATION OF PUBLIC IMPROVEMENTS
SEACLIFF VILLAGE CT 73-24
Storm Drain Improvements (Continued)
C1 eanout 3,280.00
Headwall s 3,150.00
Inlet Apron 740.00
Energy Di ssipator (24” RCP) 10,800.00 Energy Dissipator (18” RCP) 4,650.00
Spl ash Wall s 1,054.00
Rock S1 ope Protection 26 , 000.00 Check Dams 8,176.00
156,974.00
178,350.00 201,461.00 156,974.00
536,785.00
Energy Di ssi pator (54’’ RCP) 27,200.00
Total Valueof Storm Drain Improvements
Total Value of Street Improvements Total Value of Sewer Improvements Total Value of Storm Drain Improvements
TOTAL VALUE OF PUBLIC IMPROVEMENTS
e e
NOTICE OF COMPLETION
FOR PROJECT IMPROVEMENTS
ENGINEERING
To all Laborers and Material Men and to Every Other Person Interest€
Engineering Project consisting of Seacliff Villdge, CT 73-24 on which Callfor Communities, Inc. was the Contractor, and Covenant Mutual Insurance Company the surety, was completed.
YOU WILL PLEASE TAKE NOTICE that on dhL 6 9 19+
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad; the City Council of said (
on IP , 19BB , accepted the above described work complete8 and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and corrc
Executed on &w.J 17 , 19a at Carlsbad, California.
CITY OF CARLSBAD
ALETHA L. RAUTENKRANZ City Clerk 1
EXHIBIT 2
a
November 8, 1990
Meeker Development
19100 Von Karman Ave., Suite 500
Irvine, CA 92715
Attn: Dennis Hendrickson
Re: Bond Release - CT 73-2L - Seacliff Village - ea1 Communities
Per instructions from our Engineering Department, we are hereby
releasing the following bond for the above-referenced subdivision:
Faithful Performance Bond No. 012719
Covenant Mutual Insurance Co.
Remaining 25% - $156,000
The bond is enclosed so that you may return it to your surety.
YeJ& Assistant City Clerk
Enc.
c: Yvonne M., Eng.
Covenant Mutual (c/o Transamerica)
- - ____ _ - - -_____ ----- _ ---_ ~~ __--. __-- _.
1200 Carlsbad Village Drive - Carlsbad, California 92008 - (61 9) 434-2E
1) ENGINEERING DEPARTMENT 0
SECURITY RELEASE
DATE: Ld -- 4 TO: CITY CLERK
FROM: ENGINEERING DEPARTMENT AUTHORIZED BY: ,( L+LL /.---
PROJECT ID @773-2$4 UNIT NO.
PROJECT NAME 520 & a b!!&+
The Engineering Department hereby authorizes the following Action for the below r
n Securi ty Reduction
// Project Completion Re1 ease
secured agreements:
,@f Warranty Re1 ease
Eff. Secur . Secur . Curnt. Security Type Date Form ID No. Amt.
$ Faithful Performance Securi ty4
// Labor and Materials Security** u Monumentation Security
/7 Faithful Performance Security*
// Labor and Materials Security**
// Grading/Erosion Control Security
/7
//
LIZ
Name of Surety:
Address :
Mail Copy of Release to: &-#
lh+&.zdB* &s .co. c* * &&&
3/ %A70hqL, DkflE, sh
c7c~/kQ, td’ 727/8
C.‘ A&-& * For project completion release - 25% of Security to be retained for ont
*x
warranty security
For project completion release - 100% of bond to be retained for 6 months recordation of Not i ce of Compl et i on
Prepared by: 4- h5
UPON APPROVAL PROVIDE COPY TO ENGINEERING TECHNICIAN
V-?ITE IT - DON’T SAY 7
- Date
File 0 Reply Wanted
___~l_-__l___
To ____~.________.
From UNO Reply Necessary
7/26/89
Covenant Mutual has been bought out by Fairmont Insurance, which
was bought out by Transamerica.
Copy of letter of release, dated July 25, 1989 to:
Transamerica Insurance
Attn:
P.O. Box 7750
Burbank, CA 91510
Harriett Lambell - Bond Dept.
AIGNER FORM NO. 55032 PR
OU WERE ClUT
03 AMPAD 23-016 CHEC< HERE F ADDlTI3NAL VOTES ON OTHER SIDE
a?ITE IT- DON’T SAYe!
Date +i-
k- a Reply Wanted
z, Assistant City Clerk UNO Reply Necessary
Re: Bond Release - 0- 73-24
Our records indicate that the 352 4-’- bond for the
above-referenced subdivisionlproject is eligible fcr release.
your written authorizationlapproval for release. Please let me know
the status, and if release is 0.k.
1
We need
Thanks, J+&.&%d LE 8/27’? +&-. TfiLl Y-
AIGNEA FORM NO 5032 PR
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)M sliu.0 $y .L%yd &d%+ rn y-6-89.
%&k, $ ;?L$-bI.L.c 1 I%? lbtv 3-
* .' @ ENGINEERING DEPARlMENT
I SECURED AGREEMENT TRANSMITTAL
AUTHORIZED B
-2 ii
TO: CITY CLERK
F ROM : EN G I N E E R I N G D E P ARTlY E N T
PROJECT ID e~73-2~/, P.G 2-8/.s~
PROJECT NAME Sea c/Xf l//XLqe
The Engineering Department hereby auth secured agreements:
the following Action for the below ref
anty Release
. Secur. Secur. Curn t . Form ID 140. Arnt.
Z-/q*8/ &AJ 0/~7/9 6Zcjl80~. y <
S-/96/ rE;7uJ 0/272/ /,?,ma. -
--
u Other (list) I
1 -x4 &J,37,7 S2pm /o-
u'- Faithful Performance Security*
/7 Labor and Materials Security** v Grading and Erosion Control Security Z-Z4-8/ BOP&! 0/2/28 38,000.
-
-
Name of Surety: Mail Copy of Release to: k%Mh/'
CdP-Md M&4 G5unNce G. Od&ua &m&
Address : 3.1 XLLH,/,,, Qr&~, s&
2fNh~, &? 92 7/8
For project completion release - 25% of Security to be retained for one
warranty security
For project completion release - 100% of bond to be retained for 6 nionths f
recordation of Notice of Completion
C.' YVUhNC 7 €45. *
**
Prepared by: 4, %t.
UI'OH APPROVAL PRUVIUE COPY TO ENGINEERING WOIJ,U PROCESSOR
0 w
1200 ELM AVENUE TELt
CARLSBAD, CALIFORNIA 92008 (619)
Office of the City Clerk aitg af aar1slrail
July 25, 1989
California Communities
31 Technology Drive, Suite 200
Irvine, CA 92718
Attn: Robert Wildey
Re: Bond Release - CT 73-24 - Seacliff Village
The Notice of Completion for the above-referenced subdivision has
recorded. Therefore, per instructions from our Engineering Departmc
we are releasing 75% of the Performance Bond. Please consider this
letter as your notification that $468,000 of Covenant Mutual Insurai
Co. Faithful Performance Bond is hereby released. We are required
retain the remaining 25% for a period of one year. At that time, i
no claims have been filed, it will be released.
Also, per instructions from Engineering, we are hereby releasing th
following bonds:
Subdivision Momumentation Bond No. 012721
Covenant Mutual Ins. Co.
$13,000
Grading & Erosion Control Bond no. 012128
Covenant Mutual Ins. Co.
Reduced Amount $30,000
The Monumentation and Grading & Erosion Bonds are enclosed so that
may return them to your surety. Also enclosed for your records is
a copy of the recorded Notice of Completion.
$si&-&&- eputy City Clerk
Encs.
c: Yvonne, Eng.
w m ENGINEERING DEPARTMENT
, SECURED AGREEMENT TRANSMITTAL
TO: CITY CLERK
FROM: ENGINEERING DEPARTMENT AUTHORIZED 6
PROJECT ID ~73-2~ PE 2.s/.sz
PROJECT NAME SeO C/ilf/' kf/&qe
The Engineering Department hereby authorizes the following Action for the below ref secured agreements:
/7 Security Reduction /7 Warranty Re1 ease
,@ Project Completion Release
Eff. Secur. Secur. Curnt.
Date Form ID NO. Arnt, Security Type
I ,$$ Faithful Performance Security* S-/G/-g/ &/id 0/27/9 6z?,GCO. -
fi Labor and Materials Security** - & Monumentation Security $-/4.5/ &d 0/272/ /3,DG&. -
/7 Faithful Performance Security* -
/7 Labor and Materials Security** /. i, -
fl Other (list) L
/'&U 1' p Grading and Erosion Control Security z/246$/ 5d D/z/28 - 38,0110. -
-
__
Name of Surety: Mail Copy of Release to: &bbdh/k
L!w@d Ma &Sk.1L%Zcr. 6. Lq& nca &&~&
31 ZLhH0/of, @&i., SA L Address:
zl- V/k, Cd. 92 718
e.' YvohMe - €48. * For project completion release - 25% of Security to be retained for one . warranty security
For project completion release - 100% of bond to be retained for 6 months fo
recordation of Notice of Completion
**
Prepared by: ~Y-ZFW-Z %
UPON APPROVAL PROVIDE COPY TO ENGINEERING WORD PROCESSOR
- c--..pc.I w 0
BUCCOLA
ENGINEERING, inc.
April 11, 1988 46-3
Mr. Lloyd Hubbs
City of Carlsbad
Engineering Dept.
2075 Las Palmas
Carlsbad, CA 92008
Re: Final Monumentation of Carlsbad Tract 73-24,
Map No. 7996.
Dear Mr. Hubbs,
Pursuant to section 66497 of the Subdivision Map Act, this is to report
that Buccola Engineering, Inc. has completed the setting of final monuments
for a portion of the subject subdivision. Monuments have been set at thc
positions indicated on the Tract Map recorded August 5, 1974 as recorder':
file No. 74-210822 or at adjusted positions indicated on adjustement plat Nos,
211, 216, and 232, as appropriate.
In February 1985, Buccola Engineering, Inc. contracted with the owners oJ
the subject subdivision, California Communities, (formerly Plaza Builders
Inc.) to perform certain Engineering and Land ' Surveying activities on thc
subject subdivision, including the completion of deferred monuments which hac
not been set prior to the contract agreement date. Lots 134-170, 172-174
268-276, 278-300, and 302-308 had been monumented by Loren C. Phillips, L.S
3173 prior to February, 1985. That portion of the subject subdivisior
monumented by Buccola Engineering includes the subdivision boundary corner:
and lot corners for Lots 1-16, 18-46, 48-79, 81-93, 95-133, 175-189, 191-250.
and 252-267.
Lots 94 and 251 of Map No. 7996 were the subject of Minor Subdivision No,
645 and will be monumented in conformance with Parcel Map No. 13911 thereoj
recorded August 15, 1985 as recorder's file No. 85-294404.
'31 A? \I..-C.. $A/..., C..:C, In1 n n,,,,,.A, r-1-6 ,.--, - n?n~,i n ~in~-r?q ?nr
0 w
Due to the change in the surveyor of record and other amendments as to
the character of monuments set, I will be submitting a certificate of
correction to your office for approval.
Sincerely,
DAB/sb
cc: California Communities
Attn: Tim Marquard
9-
e 1879 City Clerk 1200 Elm Ave:
Carlss&, CA' 92003 . *
NOTICE OF COMPLETION
FOR PROJECT IMPROVEMENTS
ENGINEERING
b
To all Laborers and Material Men and to Every Other Person Interested
YOU WILL PLEASE TAKE NOTICE that on 6hi L
Engineering Project consisting of Seacliff Village, CT 73-24 on which Californ
Communities, Inc. was the Contractor, and Covenant Mutual Insurance Company k
the surety, was completed.
, 19e- + , t
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad; the City Council of said Ci
on bd IB , 19 a(? , accepted the above described work complete8 and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correc
I Executed on u I , 19a at Carl sbad, Cal i fornia.
CITY OF CARLSBAD
J
d ($?- ALETHA L. RAUTENKRANZ
City Clerk
EXHIBIT 2
a 0
1200 ELM AVENUE TEL
CARLSBAD, CALIFORNIA 92008 (61 9)
Office of the City Clerk aitg LJf a#rlsll#?I
April 28, 1989
California Communities, Inc.
31 Technology Dr., Suite 200
Irvine, CA 92718
Attn: Robert Wildey
Re: Bond Release - CT 73-24 - Seacliff Village
Per instructions from our Engineering Department, we are hereby
releasing the following bond for the above-referenced subdivision:
Faithful Performance Bond No. 012720
Traffic Signal - Covenant Mutual Insurance
$80,000
The bond is enclosed so that you may return it to your surety.
SRGrk
Enc.
c: Yvonne, Eng.
a ENGINEERING DEPARTMENT 0
SECURED AGREEMENT 1MNSMITTAL
DATE: 2-1 I TO: CITY CLERK
e( L </ FROM: ENGINEERXNG DEPARTMENT AUTHORIZED BY: c4--+ .?-
r3 7- 7 2 - -> :i UNIT NO. PROJECT ID h( f =<
PROJECT NAME - -- I- *- 1 j 1' I
'4-fp',% &!;? ,T ; i // .&* & ..+
The Engineering Department hereby authorizes the following Action for the belob secured agreements:
L7 Security Reduction /7 Warranty Re1 ease
&fP roject Completion Release
#".@# &?&
p&a, _d_p Eff. Secur. Secur.
Security Type
Curnt. Date Form ID NO. Amt.
u Fai thfyl Pe_yfoyances 6ecur-i ty& $.+$' &fg$$K JP d 2 7i?c
<S;Tj+<-"l r j '3" "-A/: 0 Labor and Materials Security**
fl Monumentation Security
fl Faithful Performance Security*
fl Labor and Materials Security**
fl
L7 Other (llst)
Grading and Erosion Control Securi ty
Mail Copy of Release to: k-e 'Rf!+. J Name of Surety:
Address :
27 '* 1- - J-:L* r'ii {tl , +x 'f .Li 7i-f -
I' x c' : ,fyp?&&% &&q
* For project completion release - 25% of Security to be retained for 3
** For project completion release - 100% of bond to be retained for 6 montl
prepared by; (,,--q-j; 5. ,@
warranty security
recordation of Notice of Completion
t
,id
UPON APPROVAL PROVIDE COPY TO ENGINEERING WORD PROCESSOR
\' YITE IT - DON'T SAY T!
LZ)dw'4/- Qm& Date f&* 22
0 Reply Wanted
~NO Reply Necessary
-
/- -_ - Ye&+ L;'~/d;lc CT~S-ZC/ 7;
SW&P&W.
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& %A Uhh y@m. & $e @#Mud 9 &Abt
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&+tL&&w*. (k &wu5 &d {& i 1 m&ulst'* Ly *d.I'% v
AIGNER FORM NO. 55032
DATE
01 -3 1-89
4
DESCRIPTION
CT73-24 TRAFFIC SIGNAL BOND [2404]
e e
1200 ELM AVENUE TEL
(619) CARLSBAD, CALIFORNIA 92008
Office of the City Clerk @tu of OIatcl~ bab
April 20, 1989
Vera L. Lyle
County Recorder
P.O. Box 1750
San Diego, CA 92112
Enclosed for recordation is the following described document:
Notice of Completion - Engineering
Seacliff Village - CT 73-24
California Communities, Inc., Contractor
Notice of Completion - Engineering
Santa Fe Knolls, CT 75-9B, Unit 2
(Onsite and Offsite)
Anden Group, Contractor
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 assistance in this matter.
:g* Deputy City Clerk
Encs .
e 6 LILY LLt2L.K
1200 Elm Ave.
Carlsbad, CA 92008
NOTICE OF COMPLETION
FOR PROJECT IMPROVEMENTS
ENGINEERING
To all Laborers and Material Men and to Every Other Person Interest1
YOU WILL PLEASE TAKE NOTICE that on Engineering Project consisting of Seacliff Villdge, CT 73-24 on which Califo Communities, Inc. was the Contractor, and Covenant Mutual Insurance Company the surety, was completed.
<&~+j!, 6 9 19+
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad; the City Council of said I 18- , 19 g? , accepted the above described worC
I declare under penalty of perjury that the foregoing is true and corn
complete,cd On4 - ordered that a Notice of Completion be filed.
Executed on '&-J 19 , 19E at Carlsbad, California.
CITY OF CARLSBAD
ALETHA L. RAUTENKRANZ
City Clerk J
, EXHIBIT 2
t m a
1200 ELM AVENIJE TEL CARLSBAD, CAL.IFORNIA 92008 (61 91
Offlce of the City Clerk
Citp of Carls’bab
May 19, 1987
Jewett 6 Smith
1150 East Elm Ave.
Fullerton, CA 92631
$e: Bond Release - CT 73-24
Per instructions from our Engineering Department, we are releasing
the following bonds:
Faithful Performance Bond No. 3SM 569 36700
American Motorists Insurance Company
$4,000.00
Labor & Materials Bond No. 3SM 569 36700
American Motorists Insurance Company
$2 , 000.00
By a copy of this letter we are notifying your surety that we
have released these bonds to you.
L?fJT%/ # dL4-
1 REN R. G TZ
43eputy ity Clerk
lhcs.
cc: A1 Barker Bonds
CITY OF CARLSBAD e
4 e
INTER-OFFICE CORRESPONDENCE
TO: City CleFk
r FROM: Engi neeri ng OFFICE: --J/S&*/~ $,A-opm,
SUBJECT: E. -S?-ZY S*T / 76 DATE : -qiG Z)’// B 7
4-c-e77 camp+ /~&G.,.S A. 2&7,;-k
(i
MESSAGE: Please release the following Bonds on file in your office for subject
Bond No. Amount Date I nsurai
ArnCA#2IA
L-NJdaA
Effective
2,’ 2 ’3/ 8 pp Faithful Performance Bond (1 ) ,?SWI 5-6 9 -?67@, #x ~00. ‘2
Labor & Materials Bond (2) T2-w 567 T~~QQ,$<~QQ* Zi‘”+Z .+? 9 1
c_ GomFL.,T* * T*J LdNC ,5 bo7 tN &de Ad@ 42 UP/ /&,is O/V@U /5
,~s ~~~~~r.194~~ ~~
H~,~~ AMY #e A?.S~~~.
d d m. A*: ,mp~pjemevrS ,;-OR F~,S ~~~~~-~~5/~,~ .*A/* fleds
c , ~= ~~~, Gwk/4, /,~&,,@’NO L&XiX/z =--”-?. 7~;~ce-F~q pd,L
3# I, 87 _-
8 ,or PC 4s ,.& yn-4 *“7 0 ‘i .LsCIr G7.d;nCIAr;O-S gCp/%N & Rc &(?gmoHu P“@& d7
c@
6 k- {&& ..- %D It. , g 4ubllc Y’’1
+- 5,C-c.
released after re or tion of Notice o Cppletion. Gz,~u+efi 4g. 2 \ JyG-TofBondt
-kW0 of Bond to e retained for one y after recordation- f Notice of Completi
(2)100% of Bond to be retained for 6 months after recordation of Notice of Complet
1- (Wak-ranty 6ond). Final inspection required for Bond release.
./edc7i- + sfl/F~ /f/L-c- EAST Pd/. A/=
- Please mail a copy of the letter of release to:
/c7/<&LeAn/, ,fAc-< r:
9 247 I
977. E. ,,%?,sa
I1
Attachments: Reply Requested : Signature: (>&+A- f */ LLy //
REPLY:
DATE : S I GriATURE :
w 8
BUCCOLA r
ENGINEERING, inc.
THANSMIT TAl
JN: 9-2
To : CTTY OF llARl CRAn Date : 3-27-85
Engineering Dept. Subject: JEWETT
\
TR. 73-24
Attn: Lot 171
The following items are transmitted: HerewlthO
Under Separate Cover0
Via: MESSENGER
No. of
Copies 1 Description SEWER IMPROVEMENT PLAN
The above items are submitted: At your request0 For your revi
For your approvalG For your acti
For your information0 For your file
General remarks:
___
-
-
Enclosure 0
Copies to: By: PHI1 IP BUCCOI 4
/ f'
Oceanside, California 92054 d 61 91721 -20 3142 Vista Way, Suite 301 - I
. a e
TELf
(714)
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
Office of the Clty Clerk
aitp of CarIsfJab
March 20, 1985
R.C. Jewett Company
1150 E. Elm Avenue
Fullerton, CA 92631
Per instructions from our Engineering Department, we
are releasing the following bond:
Grading b Erosion Control Bond No. 3SM 569 035
American Motorists Insurance Company
$104,821.00
If you have any questions, please don't hesitate to
contact this office.
-J+2Y2De Deputy City Clerk
Enc.
@ CITY OF CARLSBAD i(l
INTER-OFFICE CORRESPONDENCE
TO: City Clerk ,-
Engi neeri ng - FROM:
MESSAGE: Please release the following Bonds on file in your office for subject SI
Bond No. - Amount Date Insurancl Ef fec ti ve
Fai thful Perfqfimce BondC’ ) !
Labor & Materials Bond (2) ;
‘ *__ L.- ,#*---A /.p -7 . &TA. “3 “>k + I l~~-Y&:A3
-&-/\*: $
I - f’ -A* 3 f.”
(’’>5% of Bond to be released after recordation of Notice of Completion. 25% of Bond to be retained for one year after recordation of Notice of Completion
(*’lOO% of Bond to, be retained for 6 months after recardation of Notice of Completior
(Warranty Bond). Final inspection required for Bond release.
_-
REPLY:
DATE : SIGNATURE:
e CITY OF CARLSBAD e
Inter-Office Correspondence
I
I
SUBJECT: . I I I I -
- Reply Requested: Signature: Attachments :
R~PLY:
Date: Signature:
10/83
c <c @ CITY OF CARLSBAD
Inter-office Correspondence
P - e, L~F I Of-f-ICt: g,q-* 30: "//*J I
I I I I I
F R 0 M : /?H/- - C/V /-eKZ+++-/ I DATE: z- zg-g4
SUBJECT: aaN9
bftSSAGt - /?: a .-, 2 -u2 ./-
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F~~~HJE p&> eAsj ',fe- A%%WL~ 5-e- t&F,c/EL
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2. F/WZH~OL P6""=c/z/yIqtiC_t' (3ckgJ
3. Lf?gQ+- % ;%RT*Ac &€q-+?
# 4kOQ \ -7 fp Zd8Q *' /'
Attachments: ycs Reply Requested: Si gnat ure: p gt-3 v
RtPLY:
Signature: Date:
10/83
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IVISION IMPROVEMElJT AGRE
DATE OF AGREEMENT:
NAME OF SUBDIVIDER:
NAME; OF SUBDIVISION:
R. C. Jewett Company / Cecil A. Smith
Lot 171, Ct. 73-24
RESOLUTION OF APPROVAL NO. :
IMPROVEMENT DRAWINGS NO :
ESTIMATED TOTAL COST OF IMPROVEMENTS:
ADOPTED :
216- 4
$4,000.00
ESTIMATED TOTAL COST OF MONUIENTATION: None
TIME LIMIT FOR COMPLETION OF IMPROVEMENTS: 6 moss
SURETY AND BOND NO.
This agreement is made and entered into by and between .
Cfty of Carlsbad, California, a Municipal Corporation of the
State of California, hereinafter referred to as city; and th
Subdivider named on Line 2 of Page 1 hereof, hereinafter ref
to as Subdivider.
RECITALS :
WHEFEAS, Subdivider has presented to City for approval
recordation, a final subdivision map of a proposed subdivisi
stated in Line 3 of Page 1 hereof pursuant to provisions
of the Subdivision Map Act of the State OF California, and j
comFliance with the provisions of Title 20 of the Carlsbad
c, Municipal Code, hereinafter referred to as Code, relating b~
filing, approval and recordation of subdivision maps; and
WHEREAS, a tentative map of the subdivision has been a]
subject. to the requirements and conditions contained in the
resolution listed on Line 4 of Page 1 hereof. Said resolutic
on file in the office of the City Clerk and is incorporated
by reference and made a part hereof; and
WHEREAS, the Code provides that before the final map i
i i +h
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approved by the City Council, Subdivider must have complied
the requirements of said resolution and must have either in
and completed all of the public improvements and land devel
work required by the Code and said resolution to be install
subdivisions before final maps of subdivisions are approved
City for purpose of recording in the office of the County R
of San Diego County, or as an alternative thereof, that Sub
shall enter into an agreement with City, secured by an appr
improvement security to insure the performance of the work
to the requirements of the Code, agreeing at its own expens1
install and complete, free of liens, all of the public impr
and land development work required in the subdivision withi
definite period of time prescribed by the Council; and
WHEREAS, Subdivider, in consideration of the approval
recordation of this map by the Council, desires to enter in
agreement wherein it is provided that Subdivider will insta
complete at its own expense, all the public improvement wor
required in connection with the proposed subdivision and wi
deliver to City an improvement security as approved by the
Attorney; and
WHEREAS, complete plans and specifications for the con:
tion, installation and completion of the public improvement
have been prepared and approved by the City Engineer, as shc
the drawings listed on Line 5, of ?age 1 hereof which have 1
filed in the office of the City Engineer and are incorporate
reference herein and made a part hereof; and
WHEREAS, it is necessary that certain monuments and st
as specified on the final map shall be installed within thi
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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 pub
improvements and necessary land development work in connecti
therewith according to said plans and specifications has bee
and has been approved by City Engineer in an amount stated o
Line 6 of Page 1 hereof, which estimate is attached hereto,
Exhibit A and made a part hereof; and
WHEREAS, an estimate of the cost for the installation of
monuments has been approved by City Engineer in an amount st
on Line 7 of Page 1 hereof, which estimate is attached heret
marked Exhibit B and made a part hereof;
NOW, THEREFORE, in consideration of the approval and
recordation by the City Council of the final map of this suk
division, and other valuable consideration, Subdivider and C
agree as follows:
1. Subdivider shall:
(a) Comply with all the requirements of said tental
map resolution, and any amendments thereto and
the provisions of the Code.
(b) Complete at its own expense, in accord with tht
and specifications and to the satisfaction and
of the City Engineer, all of the public improvc
and land development work required in and adjo
the subdivision.
(c) Furnish the necessary materials therefor, in cc
formity with the plans and specifications on f
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in the office of the City Engineer.
(d) Notify City Engineer in writing at least fiftc
days prior to the commencement of the work he:
so that City Engineer shall be able to providc
services of inspection.
Complete the improvements under this contract
or before the time limit stated in Line 8 of
hereof.
(e)
(f) Install all monuments required by law within .
days after the completion and acceptance of tl:
improvements by the City Engineer.
Install temporary street name signs if permanf
street name signs have not been installed.
(9)
2, If any of the public improvement and land developmf
work contemplated by this agreement is to be constructed or
led on land not owned by Subdivider, no construction or inst
shall be commenced prior to the dedication and acceptance bl
of appropriate easements.
3. The City Engineer or his duly authorized represent;
upon request of Subdivider, shall inspect at Subdivider's el
the improvements herein agreed to be constructed and install
Subdivider, and if determined to be in accordance with appli
City standards and the terms of this agreement, shall recom
the acceptance of such improvements by City. Subdivider sha
at all times maintain proper facilities, and provide safe ac
for inspection by City, to all parts of the work, and to the
wherein the work is in preparation.
4. Subdivider shall furnish to City good and sufficien
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security on forms approved by City, in the amount of 100% of
estimated cost of said improvements as stated on Line 6 of Pa
hereof, to assure faithful performance of this agreement in
regards to said improvements, and in the additional amount of
of said amount for securing payment to contractor, his subcor
tors and persons renting equipment or furnishing labor or mat
to them for the improvements required to be constructed or
installed hereby, and in the additional amount of 25% of sai(
amount t.o guarantee or warrantythe work done pursuant to thi
agreement for a period of one year following acceptance then
by City against any defective work or labor done or defectiv
materials furnished. Subdivider shall furnish to City such
security in the amount of 100% of the estimated cost of sett
subdivision monuments as stated on Line 7 of Page 1, hereof
as required by this agreement. The securities required by t
agreement shall be filed with the City Clerk and when so fil
shall be incorporated by reference herein.
5. Any changes, alterations or additions to the improt
plans and specifications or to the improvements, not exceedj
of the original estimated cost of the improvement, which arc
mutually agreed upon by City and Subdivider, shall not relic
the improvement security given for faithful performance of t
improvement. In the event such changes, alterations, or ad(
exceed 10% of the original estimated cost of the improvemen
Subdivider shall provide improvement security for faithful
formance as required by Paragraph 4 of this agreement for 1
of the total estimated cost of the improvement as changed,
or amended, minus any completed partial releases thereof as
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by Paragraph 6 of this agreement.
6. The securities required by this agreement shall be
released as follows:
(1) Security given for faithful performance of an!
act or agreement shall be released upon the f:
completion and acceptance of the act or work,
to the provisions of Subsection (2) hereof.
The City Engineer may release a portion of th
security in conjunction with the acceptance o
performance of the act or work as it progress4
upon application therefor by the Subdivider: 1
however, that no such release shall be for an
less than 25% of the total improvement securi‘
for faithful performance of the act or work ai
that the security shall not be reduced to an .
less than 50% of the total improvement securi
given for faithful performance until final COI
and acceptance of the act or work. In no eve
the City Engineer authorize a release of the
ment security which would reduce such securit
an amount below that required to guarantee thc
completion of the act or work and any other 01
imposed by the Code, the Subdivision Map Act ’
agreement.
Security given to secure payment to the contr
his subcontractors and to persons furnishing
materials or equipment shall, six months afte
completion and acceptance of the act or work,
(2)
(3)
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reduced to an amount equal to the amount of all
therefor filed and of which notice has been giv
the legislative body plus an amount reasonably
mined by the City Engineer to be required to as
performance of any other obligations secured th
The balance of the security shall be released 1;
settlement of all such claims and obligations f
which the security was given.
(4) No security given for the guarantee or warranti
work shall be released until the expiration of
period thereof and until any claims filed duri!
period have been settled.
7. Subdivider shall replace, or have replaced, or repa
have repaired, as the case may be, all pipes and monuments
the map which have been destroyed or damaged, and Subdivide
replace or have replaced, repair, or have repaired, as the
be, or pay to the owner, the entire cost of replacement or
of any and all property damaged or destroyed by reason of a
1 done hereunder, whether such property be owned by the Unite
or any agency thereof, or the State of California, or any a
political subdivision thereof, or by the City or by any puk
private corporation, or by any person whomsoever, or by any
nation of such owners. Any such repair or replacement shal
the satisfaction, and subject to the approval, of the City
I
8. Subdivider shall, at Subdivider's expenser obtain e
necessary permits and licenses for the construction of suck
improvements, give all necessary notices and pay all fees E
taxes required by law.
7.
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9. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider authorizes City to perform
obligation twenty days after mailing written notice of defa.
Subdivider and to Subdivider's Surety, and agrees to pay t
cost of such performance by city.
The sums provided by the improvement security may
by City for the completion of the public improvements withi
subdivision in accordance with specifications contained her
City may take over the work and prosecute the same
completion, by contract or by any other method City may deer
advisable, for the account and at the expense of Subdivider
Subdivider's Surety shall be liable to City for any excess (
or damages occasioned City thereby: and, in such event, Cit:
without liability for so doing, may take possession of, and
in completing the work, such materials, appliances, plant ai
property belonging to Subdivider as may be on the site of t;
and necessary therefor.
10. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider agrees to pay all costs an1
expenses incurred by City in securing performance of such
obligations, including costs of suit and reasonable attornej
fees.
11. Subdivider shall guarantee or warranty the work do1
pursuant to this agreement for a period of one year after f:
acceptance of said work against any defective work or labor
or defective materials furnished. If within said period an!
structure or part of any structure furnished and/or installt
constructed, or caused to be installed or constructed by
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Subdivider, or any of the work done under this agreement, fa
to fulfill any of the requirements of this agreement or the
and specifications referred to herein, Subdivider shall with
delay and without any cost to City, repair or replace or rec
struct any defective or otherwise unsatisfactory part or par
the work or structure. Should Subdivider fail to act prompt
in accordance with this requirement, Subdivider hereby authc
City, at City's option, to perform the work twenty days afte
mailing written notice of default to Subdivider and agrees t
pay the cost of such work by City. Should the exigencies of
case require repairs or replacements to be made before Subdi
can be notified, City may, at its option, make the necessarq
repairs or replacements or perform the necessary work and SL
divider shall pay to City the cost of such repairs.
12. Neither Subdivider nor any of Subdivider's agents (
contractors are or shall be considered to be agents of City
connection with the performance of Subdivider's obligations
this agreement.
I 13. Nothing contained in this agreement shall preclude
from expending monies pursuant to agreements concurrently o
previously executed between the parties, or from entering ii
agreements with subdividers for the apportionment of costs (
water and sewer mains pursuant to the provisions of the Car
Municipal Code providing therefor, nor shall anything herei
stated commit City to any such apportionment.
14. Until such time as all improvements required by th
agreement are fully completed and accepted by City, Subdivi
will be responsible for the care, maintenance of and any da
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traveling public fron such defective or dangerous conditions
The Subdivider hereh:? agrees to pay for such inspection of si
improvements as nay be required by the City Engineer of the
City.
15. Upon accpptance af the work on behalf of City arid
recordation of the Fotice of ComFletion, ownership of the
improvexents corrstructed pursuant to this' agreement shall ve
in City.
16. Acceptance of the work on behalf of City shall be j
by the City Engineer upon authorization of the City Couacil.
acceptance shall not constitute a waiver of defects by City.
I
/be liable for my injury to persons or property occasioned b
reason of the acts or omissions of Subdivider, its agents or
17. The City or any officer or enployee therzof shall
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ifurthcr agrees to protect and hold harmless City, its offici
land employees fron any and a11 chins, demands, causes of zc
liability or loss of any sort became of, cr arising out of
or omissions of Subdividcr, its agents or employees in the p
formance of this agreement, including claims, deriands, cause
of action, liability, or loss because of, or arising out of
design or construction of The improvements: provided, howev
that the approved improvenent security shall not be required
cover the pyovisions of this paragraph. Said indcmnificatic
agreement to hold harmless shall extend to injuries to persc
10.
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7'
maintenance of drainage systems, streets and other ii?rovemer
Acceptance by the City of the improvements shall not constitt
;In assumpticn by the City of any responsibility for such dami
8
9
\ or kaki-ng. City shall not be an insurer or surety for the dc I or construction of the subdivision pursuant to the approved
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full force and effect for 10 years following the acceptance 1
the City of the improvements.
18. Crity shall not, nor shall any officer or einployee
of, be liable or responsFble for any accident, ioss or damag
happening or occurring to the work or inprovements specified
this agreement prior kc the completion and acceptance of Sam
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shall said City, nor any officer or employee thereof, be lia
for any persons or property injured by reason of said work u
improvements, but all of said liabilities shall be assumed t
Subdivider.
19. Sale or other disposition of this property wi3.1 nc
relieve Subdivider from the obligations set forth herein.
20. Time is of the essence of this agreement. Subdivi
shall commence substantial construction of the improvements
required by this agreement not later than nine months prior
the time for completion. Provided that in the eve-nt good ci
is shown therefore, the City Council may extend the time foj
commencement of construction or completion of the. improveme]
11..
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1.
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hereunder. Any sud~ exf.ensioi? :my b2 yrantcd without notice
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good cause has been shcwn to entit.le.Subdlvider to an cxtens
As a condition of such extensions the City Council. ,nay rcyui
Subdivider to furnish new security quaranteei.r!g per5c)kmaricz
the agreement as exter:ded in an increased amount as necessar
compensate for any increase in construction costs as determi
by' the City Engineer.
I
Failure of Subdivider to comply with the terms of this
rnent sfiall constitute conserit to the filinl; by City of a not
of violation' against all the lots in the S!Abdi*vision.
21 I
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Of Carlsbad, acting by and through its City Manager, prsuar
, 1984 DATED this 2'7th - day of February '---- --
such execution, and by Subdivider.
12.
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21 I
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41
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! -\ d. ---- Bv: R.C,
I \ ! 'i
_A_- ----- SUBDIVlLlEII
'4 - >- By: i ; SUEDIVI Frances
*'
.5
yc
a 7 I
"
Subdivider Cecil A. Sr 1 (Eotarj-al acl~n~wledgemcnt of execution of Subdivider must attached I 1
8.
Corporation of the State of
l2
* 3.3
2.4.
-JS
3-6 I
APPROVED AS TO F3X4: CITY OF CARLSBAD, a Xunicipa
California
- -__ --- VIPJCC!.I'T F. BIOiilDO, JR. -7. quA-- City AtLorney
- FA AK D . ALESHIRE, CiLl ;\Ianc
17 STATE OF CALIFORNIA )
19
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28 4
9
1 ss.
",:JTY GE SAX DIEGO )
, in the year -- , before 4*- the undersigd-, a Notary Public in and for said State, PC
the City of Carlsbad, .municipal cor2oration of the Stat< California known to me to t he person vho cxecutecl*the i
instrument on behalf of said mu1 . ipal corcoration, and a(
ledged to me that such City of Carl d, California, exec1
the same.
\--% On this""-, day of 7-
appeared Frank D.>K&shire, z known to me to be t3e City Mar
I
--*\ r, 1
I\\,
WITNESS ny hand and official seal.
NOTARY PL~J~L~C
I
-
,7 3, , ss F COUNTYOF- Orange- - I m February:27,1984 oefore me the uncerslgned a Notary Public in ald ‘or : - On - 8 said State personally appeared- Re c* -Jewett and Frances v* Jewett - I -
k
L m - 0
<
-- - -
_ - - --- - --
- E
u_ ? a instruinentas-- _a11 ofthe_ - - - - partner(s)
f
- -
personally knowr to me lor proved io me on the oas s of satis
factory evidence] to te the oerson *hat execbted *he withir
+
-
S
on behalf of R, C. -Jewett Co_mpany -
C
m L c
- - - _ - - - - - _ - - the7aqnershlp a -.
? executed it 2.
p
thereln named and ackrowledged ic me tha’ the paenership N
WITNESS my hand and offlcla’ seal m
^< j/*,,. 9ZAJd
6>
SS p STATE OF CPL VORb IP
q COUYT‘,’OF Orange p -
0 on February 27, 1984 be c t -a “ne urde-s gre? 8 20
- ,” said State 3t‘s~rz 1y ac;;ezcz Cecil A. -Smith c
- -
L - - c.
E Q -
- ?
T
- - a _ - --
-_ -- -
1
personail) w-obn to rre (or p-oded 13 me c- +be bas s of sa+is-
fzctoryevidexe) ‘3 oethe pelsor SI j Pose lane s is aresub-
ii
F - m
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01 ? E
3
scr,beci tc he VJ thin ips’rhnert ard ac<13+ ed;ed io me :ha+
heisheithey executed the same
WlTlvESS my hand and off!ciel seal
- -
-d’ - 0
0 4dL& i‘ZS+- <:5 J
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
c ~ /’ On f,+fi,pkml/ .Zj /; /f!? , before me the undersigned, a Nota Public in and for said gtate, personally appeared Frank N. PIannen, knowr
to me to be the Acting City Manager of the City of Carlsbad, a Municipa.
Corporation of the State of California, known to me to be the person
who executed the within instrument on behalf of said Plunicipal Corporat:
and acknowledged to me that such City of Carlsbad, California, executed
the same.
WITNESS my hand and official seal.
P
0 0
Rpr-7 1 3 - .--,/-j
JULY 28, 1983
TO : -CITY MANAGER
FROM: Assistant City Manager/Developmental Services
LOT 17, TRACT 73-24/QUITCLAIlI
The City Council, on June 21, 1983, approved relinquishing city interests in lot 17 in return for the payment of park-in-lieu fees.
Copies of the agenda bill face, Resolution No.
7258 and the quitclaim deed are attached.
The quitclaim has been signed by the Mayor and sent to the County Recorder.
quitclaim and the original Corporate Grant
to the escrow agent.
The escrow instructions, as they pertain to the city, look O.K. for your signature. The
way I read them, it looks like we should get the check for $139,200 park-in-lieu fees at the same time we give them the deeds.
A copy of the
- Deed for lot 17 (attached) should be forwarded
-- - --
*% RONALD A. BECKFIAN
RAB : pab
copy w/o attachments: Engineering File CT73-24
City Clerk Parks G Recreation Director
.
0 e
1200 ELM AVENUE TELEP
CARLSBAD, CALIFORNIA 92008-1989 (619) 4
Olhce of the City Manager .
Qitp of Cartgbab
July 29, 1983 RECEIVEO ~$1.2 2 1983
John Vars, Escrow Officer
Safeco Title Insurance Company
Third at 'A' Street
P.O. Box 1590
San Diego, CA 92112
Escrow 30200
Dear Mr. Vars:
In accordance with our telephone conversation this
morning, I am h;(ving the signed documents in connection
with ESCrGX 30200 hand delivered to you today.
Enclosed yo= -..iiil find the original Corporation Grant
2eed (OccFtienzal Land, Inc.) for Lot 17, signed escrow
instructions, copy of the executed Quitclaim Deed,
which has alreaZy been forwarded to the County Recorder,
and other documents in connection with the relinquishing
of city interests in Lot 17 in return for the payment of
park-in-lieu fees.
At the close of escrow it is my understanding that you
will be forwarding a check in the amount of $139,200.00,
Very tnly yours,
. y; .-
5 ,f c LA,-/ !/c4.+ 6 01s P. DZGROOT
Executive Assistant
LDG
Enc.
cc: Engineering File CT73-24
to the attection of Frank Aleshire, City Manager.
,. ./
c-
City Clerk
Parks and Recreation Director /
- L 0 _>- ~ L/ c -4 Y LLI - ' <-.' - I). 8 ,I fk
JUNE 20, 1983
T9 : CITY MANAGER
VIA:
FROM: City Engineer 6 Ass i st ant City 14 an agerl Dev e 1 o pment a1 Serv i ce s
SATISFACTION OF CONDITION 15 ON FINAL MAP CT 73-24
Attached is a letter for your signature assuring Occidental Lar Inc. that upon payment of 9139,200 by Pacesetter and the issuances of a quitciaim deed by the City for Lot 17, Conditiui
15 for the dedication of a park site per Resolution 3170, datec August 7, 1973, would be satisfied.
A copy of 2esolution 3170, a map showing Lot 17, and a letter from AGATE? Corporation requesting such assurances are attachec
/ ,: '--' " 1 , I ) / LJ.11, ROY +L&?LEY, &-/ JR.
RLK:hmj
At t ac hrren t s
e c
June 16, 1983
Mr, Roy Kackley
City Engineer
City of Carlsbad 1200 Elm Avenue
Carlsbad, CA 92008
SUBJECT: Parks requirement letter regarding
Occidental Land, as a condition of releasing its interest in lot 17 of the 73-24 map, is requPsting a letter fron the City absolving it of further parks obligations relative
We have attached a draft letter for your consideration whic we feel will satisfy Occidental, The requirement for this
letter will be an integral part of the escrow instructions
currently being drafted for distribution to all parties,
If you have any questions or desire additional information
please contact me.
Very truly urs,
Bathquitos desiltation site
to the original 73-24 approval,
i pc% JEH/dh
2956 Roosevelt Street Post Ofice Box 590 Carlsbad Calrfornia 92008 16191 434-1056
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shall be lettered along the road adjacent to the lots affected on the map proper.
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12. Street names shall be subject to approval
the standards and policies adopted by the
Planning Commission on file in the
Planning Department.
If required by the City Engineering Offifi the improvement plans shall include a
geological and hydrological investigation and a complete grading plan of the entire site. The report and plan shall be
State of California, and experienced in erosion, and seepage control, who will be acceptable to the City Engineer, and they
will certify that they have investigated the site and prepared data with full consideration of the consequeQces to the
and shall be designated in accordance wit1
73.
prepared by civil engineers licensed by tl
included and neighboring properties,
14. The developer shall construct full frontac improvements along Poinsettia Lane and Batiquitos Lane. Said improvements shall include the proposed park site and the designated commercial site to be hereafter designated as Lot 308.
Prior to the issuance of any permits the applicant shall dedicate the proposed park site to the City.
Lane on the basis of 51 ft. half street, to City Standards.
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16. The Developer shall improve Poinsettia
17. The Developer shall improve Batiquitos
Lane on the basis of 42 ft. half street,, to City Standards.
18. The propQsed public entrance street shall be improved on the basis of a 60 ft. wide street, to City Standards.
the Carlsbad Union School District to
provide for future school requirements tha will result from the proposed development.
actuated traffic control signal at the intersection of Poinsettia Lane and the entrance street (not named) to the develop
19. The Developer is encouraged to work with
20. The Developer shall construct a fully
C, That said Tentative Hap together with the provis
for its design and improven?nt and subject to the above
conditions, is consistent with all applicable general and
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TELi
(71 41 CAR!.StjACI, ‘,;,i 4 92038
Off/ce of !/:, i;gti C;erk
Cltp o€ $wrls’bab
July 12, 3963.
Plaza Builders, Inc. 16600 Devcnshire Street
Granada Hills, CA 91344
Re: CT 73-2.k Carl s~.Ic~L~ Lake Cowunity
xering Department, we are releasing and returning
afeco Insurance Co. $ 40,000
$230,009
$115,000 3. -j-~-~-?,483 Safeco Insurance Co.
4 . 429482 Safeco Iixurar,ce Co. $ 6,500
-? c J48I Safeco Insiirance Co. L.
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lls @ CITY OF CARLSBAI)
Inter-Office Correspondence
I_.- -- -- --- -
TO : CITY CLERK i OFFICE : CURRENT DEVELOPMEI 1 i F'P,O~G: ENGINEERING -
July 1, 1982 DATE : SUBJECT: BOND RELEASE - CT 73-24
3
NESSAGE :
PLEASE RELEASE THE FOLLOWING BONDS:
1. 2429490: Safeco Insurance Co. $40,000 Effective Date: 7/16/74
2. 2429484: Safeco Insurance Co. $~3,000 Effective Date: 7/9/74
3. 2429483: Safeco insurance Co. $115,000 Effective DAte: 7/9/74
4. 2429482: Safeco Insurance Co. $6,500 Effective Date: 7/9/74
These Bonds have been replaced.
---- -"
Attachments: Reply requested: Signature:
Jim Cent 0
_I_-
REPLY :
I Date: - Signature: --
, s
TELE
(714)
12138 ELM AVENUE m a
CA~LSBAD, CALIFORNIA 92008
Ofke of the City Clerk
aitp of VCariGbab
November 12, 1981
Re: CT 73-24
CarLsbad Lake, Cornmi ty
Plaza Builders, Inc,
16800 Devonshire Street
Granada Hills, CA 91344
Attention: Mr, Ed Hanley
The City Engineer has determined that the Covenant Mutual. Insurance
Company Grading & Erosion Control Bond No. 012128 may be reduced from
$409,000 to $30,000.
In that we do not have an address for the above named insurance company,
I am enclosing a copy of this notification letter for your forwarding
to them.
If you have any questions, please do not hesitate to call us.
Sincerely, $*T-dpzT -P
L E 3-&bT3?;lG?AXZ
City 2lerk
enc,
210: Lrry c LEK K
FROM: ENblNEE/2ln/6 OEPT.
SUBJECT: cC7 73-29 GRAD/NL 8 E)ZDS~’DW
Gon/moc BoflJd <GflLICT/Qd/.
OFFICE:
DATE :
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@XAFFI C SIGNAL, IJIPROVE>IEIu’ !m .GREEFlEh‘T ---
I
DATE OF AGREEMENT: 7 (98( U NAME OF DEVELOPER: PLAZA BUILDERS, INC.
NAME OF DEVEL0PFIENT:CARLSBAD TRACT 73-24, CARLSBAD LAKE CC
TRAFFIC SIGNAL(S) LOCATION: INTERSECTION PASEO DEL NORTE W/
ESTIMATED COST OF TRAFFIC SIGNAL(S):
SURETY AND BOND NO. :
$80,000.00
COVENANT MUTUAL INSURANCE COMPANY BOND #Ol:
THIS AGREEMENT is made and entered into by and betwel
City of Carlsbad, California, a Muncipal Corporation of t
of California, hereinafter referred to as CITY, and the D(
named on Line 2 of Page 1 hereof, hereinafter referred to
DEVELOPER.
- RECITALS! - - - - - - - -
WHEREAS, DEVELOPER has presented to CITY for approva
and ap;lication for the Development named on Lines 3 and
Page 1 hereof, hereinafter referred to as DEVELOPMENT, wh
VELOPMENT is hereby referred to and incorporated herein;
WHEREAS, DEVELOPER has requested approval of DEVELOP1
prior to the construction of certain traffic signal impro
to be located as stated on Line 5 of Page 1 hereof, which
purtenant to said DEVELOPMENT and is in part necessary to
the traffic generated by said DEVELOPMENT.
NOW, THEREFORE, for and in consideration of the appr
said DEVELOPMENT by CITY and in order to insure satisfact
formance by DEVELOPER of DEVELOPER’S obligations in regar
said signal(s), CITY and DEVELOPER agree as follows:
1. DEVELOPER shall pay CITY the cost to CITY, not tl
the amount stated on Line 6 of Page 1 hereof, of providin
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traffic signal (s) .
1,l Upon receipt of notice from CITY that const'
of said signal(s) is required, DEVELOPER shall withii
days deposit the maximum payment required by this ag-
for that signal (s) with the CITY.
1.2 CITY shall cause the completion-of all nece:
and installation drawing on DEVELOPER'S deposit for i
incidental thereto.
1.3 Upon completion of all work and upon final i
by CITY thereof, CITY shall make a final accounting c
costs. Any balance.remaining in DEVELOPER'S deposit
payment of all c0st.s shall be refunded to DEVELOPER.
2. Concurrently with the execution hereof to secure
OPERIS obligation hereunder, DEVELOPER shail provide to CI
surety bond or bonds in favor of CITY in the total amcun*
stated on Line 6 of Page' 1 hereof.
said bond shall be satisfactory to the City Attorney.
The surety and the for
3. Upon deposit by DEVELOPER of the payment or payme
quired hereby, CITY shall deliver to DEVELOPER necessary d
for releasing the security corresponding to the payment re
by CITY.
4. This agreement shall be binding upon and shall in
the benefit of, and shall apply to, the respective success
and assigns of DEVELOPER and CITY, and references to DEVEL1
CITY herein shall be deemed to be reference to and include
respective successors and assigns without specific mention
successors and assigns. If DEVELOPER should cease to have
interest in the property, all obligations of DEVELOPER her1
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shall terminate: providc>d, however, that any successor of
OPERIS interest in the prcperty shall have first assumed i
the DEVELOPER'S obligations hereunder and shall have compl
the security requirements set out in Paragraph 2 hereof.
5. CITY shall make reasonable efforts to obtain cont
tions for said traffic signal(s) from the owners of the pr
located adjacent to said traffic signal(s) when and if sai
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,
shall reimburse DEVELOPER in an amount not to exceed said
butions after appropriate deductions therefrom for costs o
cessing and administration.
IN WITNESS WHEREOF, this agreement is executed by the
CARLSBAD, acting by and 1:hrough its City Manager, pursuant
Carlsbad hhnicipal Code authorizing such execution and by 1
OPER.
/ I
J'-+ I s , , 9 19 1; !* 1 DATED this ;*, day of
,, / \
I. -A_-- or,. bes
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DEVELOPER Richard A. Carl ton, Senior Vice Preside1
(Notarial acknowledgement of execution of DEVELOPER must be
attached.)
-3-
t S'ATE OF 2. -Oi\IA
z c COUNTY OFL?A&es-.----- i s5
Q 6 On August 19,- 1981 _____, before me tCie undersigned a Notary Public in and for
V - o said State, personally appeared-Ad). _Jo&LL'nS O_rl-----_ -I
c - I- known to me to he the--- President, and -~~ Richard _~-- A. ____- Carlton
Preside t : ! known to me to he theSr* Vice
Q and known to me to be the persons who 3xecuted the within
!? instrument on behalf of the corpora* on therein named, and ac
c knowledged to me that such corporation axe:uted the within !?
g 2 directors
Lhttary of the corporation that executed the within instrument,
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instrument pursuant to its by laws or a reso
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2 WITNESS my hand and official seal - 0 0
q\ < .-" -- . ' -- 1, Y 9 Signature - Jeane Camp-
- ~~- ~
in i CCL -,
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City Attorney
CITY OF CARLSBAD, a Munic
Corporation of the State California
B Z&#?L ar.&pjLi i*
NK D. ALESHIRE, City I
STATE OF CALIFRONIA )
COUNTY OF SAN DIEGO )
) !js.
On this 4Ttk day of , in the ye
before me the undersigned, a Not!ry Public in and for th
State, personally appeared Frank D. Aleshire, known to m
be the City Manager of the City of Carlsbad, a Municipal
ati'on of the State of California, known to me to be the
who executed the within instrument on behalf of said Mun
Corporation, and acknowledged to me that such City of Ca
California, executed the same.
WITNESS my hand and official seal.
R& NOldKVRPURLiC Q
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@! BD IVI S I C,Lr IMP ROVEr-lEr?T AG iP??EI'J T I
GATE OF AG?XEE:?ENT: 1 qr I i
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NAPE 0' SUBDIVIDER: P
ZJANE OF SUBDIVISION:CARLSBAD TRACT 73-24, CARLSBAD LAKE CON
RESOLUTION OF APPROVAL NO, : 31 70 ADOPTED: AUGUST
IMPROVEMENT DRAV7INGS NO. : 175-4
ESTIMATED TOTAL COST OF ::flPROVES.IEI?TS :
ESTIMATED TOTAL COST OF I4ONUIIE?lTATION: $1 3,000.00
TIME LIMIT FOR COMPLETION OF IMPROVEMENTS: ONE YEAR
SURETY AND BC" NO. COVENANT MUTUAL INSURANCE COMPANY BOND 11012719
$6 2 4,O 00.0 0
This agreement is made and entered into by and betwee
City of Carlsbad, California, a Municipal Corporation of tl
State of California, hereinafter referred to as City; and
Subdivider named on Line 2 of Page 1 hereof, hereinafter r
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to as Subdivider.
RECITALS :
WHEREAS, Subdivid-er has presented to City for approvi
recordation, a final subdivision map of a proposed subdivi
stated in Line 3 of Page 1 hereof pursuant to provisions
of the Subdivision Map Act of the State of California, and
compliance with the provisions of Title 20 of the Carlsbad
Municipal Code, hereinafter referred to as Code, relating
filing, approval and recordation of subdivision maps; and
WHEREAS, a tentative map of the subdivision has been
I
subject to the requirements and conditions contained in th
resolution listed on Line 4 of Page 1 hereof. Said resolut
on file in the office of the City Clerk and is incorporate
by reference and made a part hereof; and
WHEREAS, the Code provides that before the final map
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approved by the City Council, Subdivider nust have compliec
the requirements of said resolution and must have either ii
and completed all of the public improvements and land deve
work required by the Code and said resolution to be instal
subdivisions before final maps 05 subdivisions are approve1
City for purpose of recording in the office of the County
of San Diego County, or as an alternative thereof, that Su
shall enter into an agreement with City, secured by an app
improvement security to insure the performance of the work
to the requirements of the Code, agreeing at its own expen
install and complete, free of liens, all of the public inp
and land development work-required in the subdivision with
definite period of time prescribed by the Council; and
WHEREAS, Subdivider, in consideration of the approval
recordation of this map by the Council, desires to enter i
agreement wherein it is provided that Subdivider will inst
complete at its own expense, all. the public improvement wo
reqilired in connection with the proposed sub2ivision and ~i
deliver to City an improvement security as approved by the
Attorney; and
WHEREAS, complete plans and specifications for the cc
tion, installation and completion of the public improvemer
have been prepared and approved by the City Engineer, as I
the drawings listed on Line 5, of Page 1 hereof which haw
filed in the office of the City Engineer and are incorpor?
reference herein and made a part hereof; and
WHEREAS, it is necessary that certain monuments and E
as specified on the final map shall be installed within tk
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days after completion of the required improvements and the.
acceptance by City, and that street signs be placed at intt
sections, as required by the Code; and
WHEREAS, an estimate of the cost of constructing the pi
improvements and necessary land development work in connec
therewith according to said plans and specifications has bc
and has been approved by City Engineer in an amount stated
Line 6 of Page 1 hereof, which estimate is attached hereto
Exhibit A and made a part hereof; and
WHEmAS, an estimate of the cost for the installation
monuments has been approved by City Engineer in an amount
on Line 7 of Page 1 hereof, which estimate is attached her
marked Exhibit B and made a part hereof:
NOW, THEREFORE, in consideration of the approval and
recordation by the City Council of the final nap of this s
divisic,i, and other valuable consideration, Subdivider and
agree as follows:
1. Subdivider shall:
(a) Comply with all the requirements of said tent
map resolution, and any amendments thereto an
the provisions of the Code.
(b) Complete at its own expense, in accord with t
and specifications and to the satisfaction ar
of the City Engineer, all of the public imprc
and land development work required in and adj
the subdivision.
(c) Furnish the necessary materials therefor, in
formity with the plans and specifications on
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in the office of the City Engineer.
(d) Notify City Engineer in writing at least fifit
days prior to the commencement of the work hc
so that City Engineer shall be able to prov~,c
services of inspection.
Complete the improvements under this contrad
or before the time limit stated in Line 8 of
hereof.
(e)
(f) Install all monuments required by law within
days after the completion and acceptance of
improvements by the City Engineer.
Install temporary street name signs if perma
street name signs have not been installed.
(9)
2. If any of the public improvement and land develop
work contemplated by this agreement is to be constructed o
led on land not omed by Subdivider, no construction or in
shall be commenced prior to the dedication and acceptance
of appropriate easements.
3. The City Engineer or his duly authorized represen
upon request of Subdivider, shall inspect at Subdivider's
the improvements herein agreed to be constructed and inst.a
Subdivider, and if determined to be in accordance with apF
City standards and the terms of this agreement, shall recx
the acceptance of such improvements by City. Subdivider c
at all times maintain proper facilities, and provide safe
for inspection by City, to all parts of the work, and to t
wherein the work is in preparation.
4. Subdivider shall furnish to City good and sufficj
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security on forms approved by City, in the arnount of 100%
estimated cost of said improvements as stated on Line 6 of
hereof, to assure faithful performance of this agreement ir
regards to said improvements, and in the additional amount
of said amount for securlng payment to contractor, his suhc
tors and persons renting equipment or furnishing labor or n
to them for the improvements required to be constructed or
installed hereby, and in the additional amount of 25% of sz
amount to guarantee or warrantythe work done pursuant to tl
agreement for a period o:E one year following acceptance thc
by City against any defective work or labor done or defeci::
materials furnished. Subdivider shall furnish to City sucl
security in the amount of 100% of the estimated cost of sei
subdivision monuments as stated on Line 7 of Page I, herefa
as required by this agreement. The securities required by
agreement shall be filed with the City Clerk and when so f
shall be incorporated by reference herein.
5. Any changes, alterations or additions to the impr
plans and specifications or to the improvements, not excee
of the original estimated cost of the improvement, which a
mutually agreed upon by City and Subdivider, shall not re1
the improvement security given for faithful performance of
improvement. In the event such changes, alterations, or a
exceed 10% of the original estimated cost of the improveme
Subdivider shall provide improvement security for faithful
formance as required by Paragraph 4 of this agreement for
of the total estimated cost of the improvement as changed,
or amended, minus any ccmpleted partial releases thereof a
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by Paragraph 6 of this agreement.
6. The securities required by this agreement shall bc
released as follows:
(1) Security given for faithful performance of a1
act or agreement shall be released upon the j
completion and acceptance of the act or work
to the provisions of Subsection (2) hereof.
(2) The City Engineer may release a portion of tl
security in conjunction with the acceptance (
performance of the act or work as it progres!
upon application therefor by the Subdivider;
however, that no suck, release shall be for ai
less than 25% of the total improvement secur
for faithful performance of the act or work <
that the security shall not be reduced to an
less than 50% of the total improvement secur
given for faithful performance until final CI
.and acceptance of the act or work. In no ev
the City Engineer authorize a release of the
ment security which would reduce such securi
an amount below that required to guarantee t
completion of the act or work and any other
imposed by the Code, the Subdivision Map Act
agreement.
(3) Security given to secure payment to the cont
his subcontractors and to persons furnishing
materials or equipment shall, six months aft
completion and acceptance of the act or work
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reduced to an amount equal to the amount of a
therefor filed and of which notice has been g
the legislative body plus an amount. reasonabl
mined by the City Engineer to be required to
performance of any.other obligations secured
The balance of the security shall be released
settlement of all such claims-and obligations
which the security was given.
(4) No security given for the guarantee or warrar
work shall be released until the expiration c
period thereof and until any claims filed dux
period have-been settled.
7. Subdivider shall replace, or have replaced, or reg
have repaired, as the case may be, all pipes and monuments
the map which have been destroyed or damaged, and Subdivic
replace or have replaced, repair, or have repaired, as tlic
be, or pay to the owner, the entire cost of replacement 01
of any and all property damaged or destroyed by reason of
done hereunder, whether such property be owned by the Unit
or any agency thereof, or the State of California, or any
political subdivision thereof, or by the City or by any pi
private corporation, or by any per.son whomsoever, or by ai
nation of such owners. Any such repair or replacement shi
the satisfaction, and subject to the approval, of the Cit!
8. Subdivider shall, at Subdivider's expense, obtain
necessary permits and licenses for the construction of SUI
improvements, give all necessary notices and pay all fees
taxes required by law.
7.
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9. In the event that Subdivider fails to perform any
obligation hereunder, Subdivider authorizes City to perform
3tobligation twenty days after mailing written notice of defa
Subdivider and to Subdivider's Surety, and agrees to pay t
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cost of such performance by City.
The sums provided by the improvement security may
by City for the completion of the public improvements withi
subdivision in accordance with specifications contained he1
City may take over the work and prosecute the same
completion, by contract or by any other method City may de€
advisable, for the account and at the expense of Subdivide1
Subdivider's Surety shall be liable to City for any excess
or damages occasioned City thereby: and, in such event, Cit
without liability for so doing, may take possession of, anc
in completing the work, such materials, appliances , plant i
property belonging to Subdivider as may be on the site of .
and necessary therefor.
10. In the event that Subdivider fails to perform any
1 obligation hereunder, Subdivider agrees to pay all costs ai
expenses incurred by City in securing performance of such
obligations, including costs of suit and reasonable attorn(
fees.
11. Subdivider shall guarantee or warranty the work d
pursuant to this agreement for a period of one year after
acceptance of said work against any defective work or labo
or defective materials furnished. If within said period a
structure or part of any structure furnished and/or instal
constructed, or caused to be installed or constructed by
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Subdivider, or any of the work done under this agreement, i
to fulfill any of the requirements of this agreement or the
and specifications referred to herein, Subdivider shall wil
delay and without any cost to City, repair or replace or rf
struct any defective or otherwise unsatisfactory part or pi
the work or structure. Should Subdivider fail to act prom]
in accordance with this requirement, Subdivider hereby aut1
City, at City's option, to perform the work twenty days afi
mailing written notice of default to Subdivider and agrees
pay the cost of such work by City. Should the exigencies (
case require repairs or replacements to be made before Sub(
can be notified, City may, at its option, make the necessa:
repairs or replacements or perform the necessary work and !
divider shall pay to City the cost of such repairs.
12. Neither Subdivider nor any of Subdivider's agents
contractors are or shall be considered to be agents of Cit
connection with the performance of Subdivider's obligation
this agreement.
13. Nothing contained in this agreement shall preclud
from expending monies pursuant to agreements concurrently
previously executed between the parties, or from entering
agreements with subdividers for the apportionment of costs
water and sewer mains pursuant to the provisions of the Ca
Municipal Code providing therefor, nor shall anything here
stated commit City to any such apportionment.
14. Until such time as all improvements required by t
agreement are fully completed and accepted by City, Subdiv
will be responsible for the care, maintenance of and any d
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"darning to the trat.eling piiblic of each and evcqi dangzrous
jconditiori existent i.n said 'ixprovcments, a.nd will protect th
traveling public from such defective or dangerous conditions
'he Subdivider h?.,reb:{ agregs to pay for such insp:xtion of E
i
improveinents as nay be required by the City Engineer of the
City. I I 15. Upon acceptance 05 the work on behalf of City arid
1ecordatj.on of the Yotice of Completion, ownership of the
l/.mprovements constructed pursuant to this' agreeinent shall vc
in City.
16. Acceptance of the work on behalf of City shall be
by the City Enqineer upon authorization of the City Com.cil.
acc'eptazce shhli not constitlute a waiver of defects by City,
17. The City or any officer or employee thereof shall I be iiable for any injury to persons or property occasioned f
(reason of the acts 'or omissions of Subdivider, its agents 03
!exglo.jees in the performance of chis agreement. SuSdivider
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lfurther agrees tc protect and hold harmless City, its offic:
and employees from any andl a11 claixs, demands, caxses of a
liabiliky or loss of any sort because of , cr arising out of
or omissions of Subd.ividcr, its agents or employees in the 1
formance of this agreement, including claims , demands, causf
of action, liability, or loss because of, or arising out of
design or construction of the improvements: provided, how
that the approved irnprovcnent security shall not be requi.re1
cover the provisions of this paragraph. Said indmnificati(
agreement to hold harmless shal.1 extend to injuries to pcrsl
10.
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provi?ed herein, to ad j acgnt property owners as a consequen
of the diversion of waters frcm the design construction or
maintenance of drainage systems, strests and other iriqrovem
Acceptance by the City of the improvementz shall not consti
an assumpticn by the City of any responsibility far SEC~ da
UT taki-ng. City shall Rot be an insurer or surety for. the
or construction of the suSdivision pursumt to the aFproved
Provisions of this paragraph shall rema
full force and effect for 10 years following the acceptance
the City of the improvenents.
I impro;ement plans - i
18. Cj-ty shall not, nor shall any officer or e;i;ployec
of I be liable or responsible for any accidelit, loss or dam
happening or occurring to the work or inprovemcnts specif<€
this agreement prior to the completion and acceptance of st
shall said City, nor any officer or employee thereof, be 1;
for any persons or property injured by reason of said work
improvements, but all of said liabilities shall be assumed
Subdivider.
li
19. Sale or other disposition of this property c?r.i,I.l I
relieve Subdivider from the obligations set forth herein.
20. Time is of the essence of this agreement. SubdiT
shall conunence substantial construction of the improvement!
required by this agreement not later than nine months prio.
the time for completion. Provided that in the eve.nt good (
is shown therefore, the City Council may extend the time fc
cornmcnccment of construction or completion of the improvem
11..
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0;
3
F
I
hereupder.
Subdivider's Siirety a~.d shall in ilo day affect the valiJS.ty
this acjreement 31 reJ.ease the-Surety or Si2retie.s on any bonc
Any sue11 ex?.ensis:i :-my be granted wj.thot!t notice
I 4
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a 5-
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given for the faithful performance of this agreeInci!t. . The I
council- shall be the s01.c and final -judge as to whether or 1
good cause has been shcwn to entit~e-Subdivi-d.~r to an exten:
As a condition of such extensions the City Council. ,1~ta>7 reyu.
Subdivider to furnish new securrity yuaraxitee?rq per5akmarlcc?
the agreemelit as exteiided in an increased amount as necessa.
cornpensate for any increase in construction costs as dete,m
by' the City Engineer.
Failure of SubdiQidcr to comply. with the terns cf this
rent sfiall- constitute conscrit to the ,fil-inq by City of a 110
of violation' against all the lots iii the Sdxlivision.
I1 21. In the event that suit is brouqht by City to enfo
terms of this conkrcct., City shall be entitled to process s
suit and' a reasonable sum as attorney's fees, I
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to Section 20.15.060 of the Carlsbad Muni.cipal Code auiihLri
such execution, and by Subdivider.
DATED this - day of / .: I i \. &.>, .. . ,I . - , I 19 - *I
L-_-__-
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\/ .Glt ” i. ----I.-- -PLh,l* +&&--.L- S~RDIylDZll ‘K. E. Johnsou, Pr25
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-.----..- __I-
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6
Senior Vice Presidf
-. . (NotarLzl acknGwZedgemcnt cr‘ execution of Subdivider nwst attached. )
_. 15
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‘b$!#&&LQ ~ &7d,
VIPJCZNT F. BIGGDC, JR.
City Attorney dlL I -- ’ FRP” D. ALESHIRE, City Xar
STATE OF CALIFORNIA )
CS L
> c COUNTY OF2Ange1es ~__ ~~ ____! E On- u
August 19, 1981 ~~__~ ~_- before me, the undersigned, a Notary Public in and :3r
u said State, personally appeared K* D* Johns%?!? ~~~ - ____~ _____
E"
- c - c :
Q and known to me to be the persons who executed the within
!! instrument on behalf of the co-poration there n named, and ac
c knowledged to me tnat such corporation executed the wi 0
'u instrument pursuant to its by laws or a resolut on of its boar
P o directors
known to me to be the-
known to me to be the-sr *
P esident and %cha~dA('.arkonp-
Vice Pre%&&ery of the corporation that execjted the within instruwent,
c
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7
N, WITNESS my hand and official seal
0
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e Camp k
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c -p 5i 5 i e' 5 a sea'
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I CSrrrrdALJQB CAt?L5/yAO 7R, .--- x-.-.. AJ= __y_ 79-24 .--__I .. 10s hn.2
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=/Am JOB QRL3 PA- 7?-. 0"- -J?<zL$L~~~~z%~=-JaE 1?3*f
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Tustin, Cdlifomit %&.EO /7148324!@:1
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I.xwJWS . -t-.:-.T=.--L.,: .<-,- i ,~“,~,smT tK1
CARLSAA La 7k. dz 73- zd &
--_____c_ ..-.w---.--.-.-.-f =__ --%JOE. r.,‘e.L CXiZ-L~AAL-dQB
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IVtL
SGINEEKH
sc'.
Our Job No. 5-B.
505 East First %F Street, Suite G, Tustin, California 92680 /714 832.4100
August 15, 1981
City of Carlsbad
Engineering Department
1200 Elm Avenue
Carlsbad, CA 92008
ATTN: David Hauser
Associate Civil Engineer
CARLSBAD TRACT NO. 73-24
The bond estimate for monumentation in the subject tract is $13,000.00.
CIVIL ENGINEERS, INC.
-,2- ~ I_-- - -.".
Karl B. Brown
President '
KBB/ Sam
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NAME OF DEVELOPER: PLAZA BUILDERS, INC.
DATE OF AGREEMENT: 27 rfk I J k-4
TITLE OF AGREEMENT: I 14 P R 0 V E ME N T A G R E E M E N T
NAME OF DEVELOPMENT: CARLSBAD TRACT 73-24, CARLSBAD LAKE COMMUNI
NAME OF SURETY: C 0 V E !{Ai4 T MUTUAL I N S U RAN C E CO M PAY1 Y
AMOUNT OF BOND: $312,000.00
BOND NUMBER: 01271? EFFECT I VE DATE : 8/19/81
PREMIUM; ij/& *.
WHEREAS, the City of Carlsbad, Stat? of California, hereinafter rc
to as CITY, and the Developer named on Line 1 of Page I hereof, herein?
ferred to as DEVELOPER, have entered into an agreement whereby DEVELOP
to instal I and complete certain designated pub1 ic improvements, which
ment, dated as shown on Line 2 of Page I hereof and entitled as shown I
of Page I hereof, for pub I ic improvements appurtenant to the Deveiopme
on Line 4 of Page 1 hereof, is’ hereby referred to and made a part here
WHEREAS, under the terms of said agreement, DEVELOPER is requirec
entering upon the performance of the work, to f i le a good and suff icie
ment bond with the CITY to secure the-claims to which reference is mar
Title 15 (commencing with Section 3082) of Part 4 of Division 3 of thc
Code of the State of Ca I i forriia;
-
NOW, THEREFORE, said DEVELOPER and the Surety named on Line 5 of
hereof, hereinafter referred to as SURETY, are held firmly bound untc
and all contractors, subcontractors, laborers, material suppliers and
persons employed in the performance of the aforesaid agreement and re
in the aforesaid Code of Civi I Procedure in the sum of the amount st?
Line 6 of Page I hereof, for materials furnished or labor thereon of
or for annunts due under the Unemployment Insurance Act with respect
work or labor, that said SURETY wi I1 pay the-same in an amount not e:
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bond, will pay, in addition to the face amount thereof, costs and reas
expenses and fees, including reasonable attorney’s fees, incurred by C
successfully enforcing such obligation, to be awarded and fixed by the
and to be taxed as costs and to be included in the judgment therein re
It is hereby expressly stipulated and agreed that this bond shall
the benefit of any and ai I persons, companies and corporations entitlt
claims under Tiile-I5 (commencing with Section 3082) of Part 4 of Divi
of the Civil Code, so as to give a right of action todhem or their a:
any suit brought upon this bond.
Should the condition of this bond be fully performed, then this ot
shall become null and void; otherwise it shall be and remain in full -
effect.
The SURETY hereby stipulates and agrees that no change, extension
alteration or addition to the terms of said agreement or the specific
accompanying the same shall in any manner affect its obligations on t
and it does hereby waive notice of any such change, extension, altera
addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the l9 II
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J -* I ,
J , ‘ ,!-#- .I, .-
P1 aza Blrivders , IKc.
DEVELOXR K. I)., Jdhnson, President
DEVELOPER Richard A. Carl ton,
APPROVED’AS TO FORM: iJ Senior Vice President Arthur J. Cle@nt Jr. Attor
VINCENT F. B~ONDO, JR.
City Attorney
(Notarial acknowledgement of execution by DEVELOPER and SURETY must t
3 A-E OF CALLORI.I?P I
> i ss
U K D. Johnson -___I
- Richard A Carlton
C Pres i dent
c COUNTY OFAS!!ngeles ~-- -~
E, on- August 20 L 1981
~ said State, personally appeared:-- -- --~~ -~---
Io a __~~- before me, the tinsersigned, a Notary Public In and for -
c -
President and -----2 ____ ~-~ - known to me to be the-- +-
p known to me to br the Sr . Vice ___~FcT+~ of the corporat 01 that executed the within tnWUtnent,
$
i
c o_ 2 E o directors
and known to me to be the persons wio execLted tke 'VJ thin
instrument on behalf of the corporation therein rramed, and ac
knowledged :o me thst such corporatlon executed the within
lnstrvment parsuant to its b/ laws or a resolution of its board of
U. -
Y g WITNESS my hand and official seal
0, 5 Y o Signature -ai;-\--- -
J
~~._~ ~
Jeane Camp - ._~__ -_-- ---
juzr-e (Tysec or P
) ss. State of California
County of Los Angeles
/p &z i 1 , l9A, before me personall On this
to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)-in-Fact of Covenant
Insurance Company, the Corporalion described in and which executed the foregoing instrument; that he 1
the seal of said Corporation; that the seal affixed to said iiistrument is such corporate seal; that it was SO
ccordance with the By-Laws of the !,aid Corporatjon, and that he signed h
c
" L.. dm9 {LL'&( r/ L L[ 7/ {L L DL
(Nofary Public =
9 CO 0 r=MANT MUTUAL INSURANCE CCM AMY
H arrford, Connecticut
POWER OF ATTORNEY
I.,
KNOW ALL MEN BY THESE PRESENTS:
ThatCOVENANT MUTlJAL INSURANCE COMPANY, a corporztion of the Stare of Connecticut, does her
make, constitute and appoint Arthur .1. Clement, Jr.
its rrue and lawful AttorneyM-in-Fact, with full power and authority, for and on behaif oi the Company as sur
to execute and deliver ana affix the seal of the Company thereto, if a seal is required, bonds, undertakings, re
nizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of wren/ or olher written obligations in the na
thereof in an unlimited amount.
and to bind COVENANTMUTUAL INSURANCE COMPANY thereby, and all of the acxs of said Attorney(s)-in-i
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following provisions of section 12 of the by-la\
From time io time the board may impose such additional duties and confer such further authority upor
or all af the officers az it may in its discretion determine including, without limitation or characteriza
authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any
appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, underta
consent of surety, recognizance, general or special power of attorney, certification, attestation, or other in
ment, all with or without the seal of the corporation, but if under seal fa evidence such seal by physica
pression or by facsimile or by any other appropriate method.
This power of attorney is signed and sealed by facsimile under and by the authority of the following resolu
adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and he1
March 12, 1973:
RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the ni
thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice Presi
or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secreta
when signed by the President or any Senior Vice President or Vice President and countersigned and seal(
aseal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizi
consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company i
duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant tc
within the limits of the authority granted by his or their power or powers of attorney.
FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Cornpan> may be affixed by facsimile to any power of attorney or special power of attorney or certification off
given for the execution of any bond, undertaking, recognizance or other written ohligation in the nature 1
of; such signature and seal, when so used being hereby adoptd by the Company as the original signan
such officer and the original seal of the Compmy, to be valid and binding upon the Company with the
force and effect as though manually affixed.
the Company, which are now in full force and effect:
IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to 'be s
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973.
COVENANT MUTUAL INSURANCC, COMP
BY
Attest:
STATE OF CONNECTICUT 1 SJ:
CCUNTY OF HARTFORD \
On this 22nd day of ,March in the year 1973 before me personally came Francis W. Palfrey, Jr., and Jar
Witkins to me known, who being by me du!v sworn, did depose and say; that they reside in the State of Connec
that rhey are respecrively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COhlP
t:,e corporation described in and which executed the above instrument; that they know the seal of said torpor
mat the seal affixed to said instrument is such cxporatP seal; that it was so affixed by authority of their office
rfie bv-laws of said corporation, and that tney signed their names thereto bv like authority. ..............
.. \..I' *'.... u .-..!,t"..., ....
:. 1 t*@U&'L~*....~;
-533. /&%&ct -rwa-& y'*\.. . . rl '.,
I i;r:. OtdS),:r,j Norary P~J~~Ic :*;e iW: e.- :n; My commission expires March 31, 19:
e e. .... Pi; ....... .';% ..e* ... 4tm:....>. CE RTI F i CAT ION
I, Vera C. Spitko, Assistant Secretaty of COVENANT MUTUAL INSURANCE COMPANY cxtify th
foregoing power of attorney, the above-quoted provisions of Secrion 12 of the by-laws and :he resolutions
Board of Directors of March 72, 1973 have no1 been abridged or revoked dnd are now ill full force and ;
.............
Signea and scaled at Hartford, Connecticut, this /TL": day of &&T~~~T-~ !9 Pi
?L&"c.c f c/ *. 44
\-*:e.--+ c .-,---.- Y_*
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TO: crrjr CLEZfcK I CFFICE:
-*. -.- I Ti;- - 2 * 7. L.. c f 2 :'i c: e c sr re sp:i(>fis, (2 11 c-e
.___, ____ __-.-- ~... _.-, --.--".-.-I.--- --,_.__ "_-__.- .__ --.I __ ___I,____.__s_l....Il__._-l-pl--_l. ----------- ___.___l_l_l.____I__-I.-~"..--I_I -__._.________-__ ~ __.____l__l_.___l_____l.l_ __.l.ll__ .x---.--- ---- _.-* -
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FKOX: EMLR. D.5P-T.
S'Lr^LI,j.E[-;'," ; cf 73- 24>L&z,4 --------__----_I &vjLQEaS
_,--,,--,--- .,-_. ". .,..-.. _-.-*-711--1-___1_ -111- ----"----
ir .p; 2-1 !st -?-7 y...--I-Ix.I* -e-
rsnrI3 : 1 _-_ "_,__~.*.,~~.~~.~~."-.... I
/DL0 ~ocrr N4+TDC/ 1- l_______l.__l "-. L.. .-,--,..------" .--- --.-I_-- L__
_._-__-_ 1- ,_..__-------I -... _.. .._." ,-.*- .... . -... ----a- ---- I__ ___.e-. -I---.. -- I.--- l-__-_", -- .. .. ,,", . .. I. ,. . ,,, .., .. -,. .,,&*- I- . .... . ,.U, .,"- IU,I.I.C.".-.-IYU --- .. -. X.*....... .. /... -l.-m,LY_n.j. -1-.--a-1 W.w.-.rr^.r.c-aruirrCnrC
I4E:SSAG'E :
pleate p/a cc 5 s fi~g~5~ I you" . oJ%ce jiL $;L/oo;y ..
b - 1
I. Sub 1 L.hp Atfee. 624bso
4 24 .OOa
312.0O.pi
2. 6I;A PP,. 3omd i
3- Lid. 6t J%d. OCJ I?
9. 524 M0b.l. Go-$ lyfJ00
$0 009 5#. ~~-4d.c svj,,*,/ ~a-4
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Reply requested: Signature: L,d! -i-. /d . At.CLaClll.'leillt.S : k
--^
J
A-KOC. CIVIL
I~~ ..- I_ ---- ___1..- __--_ _I__
--_l__l ___
I REPLS! J i
i
1 I.
1 Date: Siqna t-urc :
SUBJECT: c7 73- 24 {Co~,,,qjOr? ./ gro; \ I
PLAZA Bu IL VCR S JMC.
I DATE: 5: bi/7)j3{
I
\ April 30, 7975
Occidental Land, Inc, RE: CT 73-24 P. 0. Box "B" (CT 73-58) Newport Beach, Cal i fornia 92660
Gentlemen:
of Carlsbad, the following improvement bonds far construc- tion of sewer mafn and appurtenances in connection with Carlsbad Tract 73-58 (N.E. of 1-5 and Poinsettia Lane) are
hereby released and are being returned to you:
Firemen's Insurance Company of MewarK, New.'Jersey
Per the instructions of the City Englneer of the City
a) Faithful Performance Bond in the amount of $30,0110
b) Labor and Material Bond in the amount of $15,000
c) Faithful Performance Bond in the amount of $9,000
d) Labor and Material Bond in the amount of $4,500
Bond #1979959.
Bond #1979959.
Bond t1979960,
Bond 111979960.
I e) Faithful Performance Bond in the amount of $4,300 1 Bond 81979961.
I f) labor and Material Bond in the amount of $2,150 Bond 81979961.
I
1
Thank you very much for your cooperation with the City of Carlsbad,
Sincerely,
NORA K. GARDINER Deputy City Clerk
ng Enclosures (6) ------" - __l_i
? e . 1‘
TELEI (714) 7 1200 ELM AVENUE
CARLSBAD, CALIFORNIA 920C8
Cltp of Carl&&
April 21, 1975
Occidental Land, Inc. P. 0. Box B
Newport Beach, CA 92660
Subject: Release of bonds for construction of sewer main and
appurtenances (N.E. of 1-5 and Poinsettia Lane)
CT 73-58
Dea r S i rs :
A final inspection was conducted by the City of Carlsbad on
subject construction work. Sewer main and appurtenances have
been constructed in accordance with approved plans and specifi-
cations and are accepted for maintenance by the City of Carls-
bad.
The improvement bonds posted for subject sewer construction are
hereby released as tabulated below:
Effc Type Ins. Co. Bond No.. - Dai
Faithful 7erformance Firemen’s Ins. of
bond $3O,OX Newark, New Jersey 1979959 4-2s Labor E7 b~erial bond = $15,000 II II 11
Faithful Derformance bond = SS,ZOO I1 1979960 11
Labor & Mazerial
Fa i thfu 1 performance
Labor & Material
bond = $4,500 II 11 !I
bond = $4,300 I1 197996 1 II
~cnd = $2,150 iI it I
Very truly yours,
Tim Jk&+ Fianagan.
City Engineer
TCF/RM/s! n <-c. >: E’; -.
‘j P , T?:?nl?S 17s. LO.
*
i OFFICE:
c3:'i'Y OF CARL:;SXD a
I nke r - 0 5 f ice Csz. r e spo~d e rice
I __I_.__--_ -...., _.-_ ----..ll_--.--..-- - --.I-.^ ~ ------.I __ -.----" -_-----_^-_-_.I______.___
-___-I_-- .... I ~-...~ 1--_-1-- ~ _I- - 1_-.-1.-- ___.^ - --.----------. -II --I-.- I____ ll_____l
-. I----.- I ---I City Clerk - _.-___1-1_-I____
FMOI..: : - _.E_~~~~-~~~e~t-~.--~---~ _-_-__
'i': -_I".-- CT 73-24 -1-1 "I--__- (Carlsbad ... "1 .-...I__ Lake -- -.-,____ Cornrnunitpl) -
TO :
f
JU1~24 1974 - DATE: I_- -.-L-
--~ ., 111 .--, __1.-11.-- I.--.._-.- __._ ___.__ ____- -.____ "- - ._____-_ FI
.-.....IC " ~
i ALreement I Bond .-. 111 .- ^".___ -I-----i.._.--_-- - --_.- _l__l_l
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T"IESS\:.;y; ;
Please have the City Attorney review, Mayor and Clerk execute and
Clerk file. the following:
1. Secured Agreement fcr traffic signals - $40,000
2. Subdivision improvement bond - $40,000
These should be added to the four documents sent July 11.
c
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nz.rjj.1' pq~(3~+y]: -_--.____ Signztiire:
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REPLY:
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l!atc: Signci- ure : -I-.- .-._ -__-_---- ..-_- -_^-.-
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m LLTY OF GARLSBAD w
X n t e ,r -. 3 f I" i c: e' .c: o r'~:? s p onc~ e n c e
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Fm'!~; - .-... Enqineerinuegaartment - ..,---- -,- .-I-p-_ I_
DATE: July 11, 1974 SUB -r-?r-n .
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LIL\ 1.. CT 73-24 (Carlsbad Lake Community) ~--,--,-----~----...--- .--_ ^u_yI
agreements and bonds - ---.-~~I_II1^-------------
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MES,Qp,GE :
Please have the City Attorney review, Mayor and Clerk execute
and Clerk file the following:
1. improvement aqreement = $230,000
2. faithful performance bond - $230,000
3. labor and materials bond = $i15,000
4. monumentation bond - $6,500
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REPLY :
----41_ Ilat. 2 : Sic;:nakure : -- ..----. -- -... -__".---_l-..--_"
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