Loading...
HomeMy WebLinkAbout1996-05-07; City Council; 13643; FINAL MAP CARLSBAD TRACT NO. 85-15 PARK VIEW WESThn,p > 8 a, 93- 2 z 0 F 0 a d 2 ;> 0 0 Y UF GAHLSBAU - AGWA BILL '+'vu' AB# )3,GV3 TITLE: FINAL MAP DEP MTG. 5/07/96 CARLSBAD TRACT NO. 85-15 CITY CITI - PARK VIEW WEST DEPT. FNG RECOMMENDED ACTION: Adopt Resolution No. % * 16 6 approving the final map for Carlsbad Tract N Park View West. ITEM EXPLANATION: Engineering staff has completed checking the final map of Carlsbad Trac Park View West. This subdivision is located on the east side of Rancho Santa between La Costa Avenue and Camino de las Coches in Local Facilities Man Zone 11. The final map conforms substantially with the Tentative Map as approved by Cit] on September 10, 1985 per Resolution No. 8168. The final map also conforn General Plan and all the applicable requirements of the Municipal Code Standards. This map has been found to be consistent with the Growth Management Ordinal project density is 4.9 dwelling units per acre which is below the growth contro 6.0 dwelling units per acre. The findings required to approve the project were part of Planning Commission Resolution No. 2459 adopted on July 10, 1985 and ( by City Council on September 10, 1985. This map has also been found to comply with the requirements of LFMP ; Currently, not all public facilities within or impacted by Zone 11 meet the performance standards. Specifically, improvements to Rancho Santa Fe and C Roads are required. City Council has required that the funding of Rancho Santa and Olivenhain Road must be guaranteed before any development takes place ir bounded by LFMP Zones 11, 12 and portions of Zone 6. After the unsuccessfL to form an assessment district, City Council directed staff to proceed with the fori a second Community Facilities District (CFD No. 2) to finance said required impro The applicant, however, has proposed an alternative financing during the prese up to the formation date of CFD No. 2 in satisfaction of their obligation, usir payment agreement. Resolution No. 96-50 adopted by City Council on February 20, 1996 approved th the pre-payment agreement between the City and West Coast Land Fund, the t The applicant has signed the agreement and has paid the proportionate amount o per unit required as financial guarantee for the construction of said required impro For a more complete analysis of the public facilities impact for this project, pleas attached Local Facilities Impact Assessment Form. Facility Zone 11 Local Facilities Management Plan Complete Growth Control Point 6.0 Dwelling Units/Acre Net Density 4.9 Dwelling Units/Acre Special Facilities Fees Zone 11 Fee, CFD No. 1 and Pre-Pay Agreement per Resolution No. 96-50 + 0 0 Page 3 of Agenda Bill No. j3: & q.3 The parkland dedication requirement for CT 85-1 5 is 1.1 82 acres (based on 131 DU x 3s feet/DU). Pursuant to the 1982 La Costa Master Plan Parks Agreement, this project is ( receive a parkland credit against the prior dedication of Stagecoach Park. The cur balance for the Stagecoach Park dedication is 12.716 acres. In accordance with the ter 1982 Agreement, staff has attached a revised Stagecoach Community Park Parkland C Inventory (see Exhibit) sheet which indicates a credit balance of 1 1.534 acres after subtri CT 85-1 5 parkland dedication requirement. EXHIBITS: 1. Location map. 2. Local Facilities Impact Assessment Form. 3. Resolution No. 96 - CL?G Park View West. 4. Stagecoach Community Park Parkland Dedication Inventory dated 5/7/96. approving a Final Map for Carlsbad Tract I\ 0 0 PARK VIEW WEST e GROWTH MANAGEMENT PROGa LOCAL FACILITIES IMPACTS ASSESSMENT FORM *With payment of CFD No. 2 fee. EXHlt 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e RESOLUTION NO, 96-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FINAL MAP FOR CARLSBAD TRACl NO. 85-15, PARK VIEW WEST. WHEREAS, West Coast Land Fund, a Delaware Limited Partnership has subr map known as Carlsbad Tract No. 85-15 to the City of Carlsbad for approval; and WHEREAS, the Tentative Map of Carlsbad Tract No. 85-15 with conditions, w1 by the Planning Commission on July 10, 1985 pursuant to Resolution No. 2459; ai WHEREAS, the City Council approved Planning Commission Resolution Nc meeting of September 10, 1985, pursuant to Resolution No. 8168; and WHEREAS, the City Engineer has determined that said map substantially con1 conditionally approved tentative map; and WHEREAS, the conditions of approval for said final map have been completec and WHEREAS, the developer has offered public streets and public easements fc to the City of Carlsbad; and WHEREAS, the final map conforms to the City of Carlsbad General I requirements of City Codes and Standards; and WHEREAS, the City Council of the City of Carlsbad determined it to be interest to approve said final map. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City California, as follows: 1. That the above recitations are true and correct. 2. That said Final Map known as Carlsbad Tract No. 85-1 5 from West Coa which is on file with the City Engineer and is incorporated herein by reference, is 3. That the City accepts dedications of streets and public easements. Ill i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 4. That the City Clerk is authorized to sign the Certificate of Acceptance map. 5. That the City Clerk is authorized to cause the original final map to be rec Office of the County Recorder of San Diego County, State of California. 6. That the City Clerk is authorized to release the map to Commonweall Insurance Company for recording in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad held onthe 7th day of MAY , 1996 by the following vo AYES: Council Members Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: Council Member Lewis i ATTEST: (SEAL) stant City Clerk *(D h n e -5 -r a * YE EO az u1 z- 32 HO Ei= oa 02 In (u (ua (u ow 4Q oQ 02 w4 a bZ a& Q a+ i!r <si C9vwvmwmww mraOrCUOOOOPc(0 eeeeeeqqq QQQCQQQQQ rorr 338Y555zZ May 21, 1996 West Coast Land Fund 1999 Avenue of the Stars Eos Angeles, CA 90067 Re: The Carlsbad City Council, at its meeting of May 7, 1996, adopted Resolution 96-166, approving the final map for Carlsbad Tract No. 85-15, Park View West. Enclosed is a copy of Resolution No. 96-166 for your Ues. Finall Map - Carlsbad Tract No. 85-15 - Park View West CMC KRR:ijp Enclosure -----~ -.-__ _____-- ---- - - - - ____ 1200 Carlsbad Village Drive - Carlsbad, Callfornla 92008-1 989 - (61 9) 434-2 0 City of Carlsbad Engineering Department Secured Agreement Transmittal Form BONDS/CASH r m To: City Clerk Date: 7 /3,/7L From: \QCL,W~/ P!O"Ke- - +Oh ;tu I 1. Principal Civil Engineer rJ.!!?k 2. Community Development Director 3. Engineering Management A&y& Via: A 55 1 &i"k REQUEST FOR APPROVAL AND FILING OF SECURED AGREEMENT(S) (PROJECT ID NO.(S) e7 fg+g -B&& #za uEsr 1 INSTRUCTIONS: ComDev Director - Please sign the attached agreement document(s) where then forward this transmittal and attached bond/cash pz to the Engineering Department Management &ladyst A% SAL Please make the copies noted below and forward to th Management Adyst-- ,&zx&Q~ Clerk. City Clerk - Please route the bond/cash package for City At signature and file as appropriate. SPECIAL INSTRUCTIONS; Attachments: Secured Agreements Information Sheet (SAIS) Bonds and Agreements as noted on SAIS cc . File Management Analyst (Transmittal only) Planchecker (Transmittal only) Cl CMWD (when indicated) Attn: Associate Eng. Whitley ('Transmittal & SAIS F PNK)CS\MISFORMS\FRM00037 RE Work Coveredl Faithful Performance Security Labor and Materials Security GRADING & EROSION CONTROL AGREEMENT Drawing No. 269-5A 1 Grading Security J Grading Cash Deposit J PARK-IN-LIEU FEE AGREEMENT Faithful Performance Security OTHER (LIST) 960,000 6/19/96 3SM88777100 6/19/96 Re# 30233 72,000 kDIVISION IMPROVEMENT AG dE MENT .** ', ,- CT 85-15 DATE OF AGREEMENT: u -z//9~6 NAME OF SUBDIVIDER: Greystone Homes, Inc. NAME OF SUBDIVISION: Park View West (CT 85-15) TENTATIVE MAP RESOLUTION AND DATE OF APPROVAL: 93-75, April 6, 1993 (referred to as llSUBDIVI (referred to as llSUBDIVIS (referred to as llResolution of Appro (referred to as llImprovement P1 IMPROVEMENT PLAN NO(S) . : DWG 269-5 ESTIMATED TOTAL COST OF IMPROVEMENTS: $1,980,000 ESTIMATED TOTAL COST OF MONUMENTATION: $15,000.00 SURETY/FIN~CIAL INSTITUTION: American Motorists Insurance Companj ~~DRES~: 7470 N. Figueroa St., L.A., CA. 90041 FORM OF SECURITY: Surety Bonds SECURITY ID NOS. : 3SM 887 770 00 / 3SM 887 772 00 This agreement is made and entered into by and betwee City of Carlsbad, California, a Municipal Corporation oj State of California, hereinafter referred to as CITY, an( SUBDIVIDER. RECITALS A. Subdivider has presented to City for approval recordation, a final subdivision map of a proposed subdiv pursuant to provisions of the Subdivision Map Act of the of California and City's ordinances and regulations relati the filing, approval and recordation of subdivision maps. Subdivision Map Act and the City's ordinances and regula relating to the filing, approval and recordation of subdiv maps are collectively referred to in this agreement a: "Subdivision Laws". B. A tentative map of the Subdivision has been appr The Resolution of Approval is on file in the Office of the Clerk or the Secretary to the Planning Commission and is h incorporated into this agreement by reference. C. The Subdivision Laws establish as a cond precedent to the approval of a final subdivision map Subdivider must have complied with the Resolution of App and must have either (a) completed, in compliance with Standards, all of the improvements and land development required by the Subdivision Laws or the Resolution of App REV. 10129P 1 AGREEMENTS AG-9.fm ca 9 .'. 8. or, (b) have tered into a secured a Leement with Cit complete the construction and installation of improvement: land development within a period of time specified by De In consideration of approval of a final subdiv map for the Subdivision by the Planning Commission or Council (hereinafter referred to as "Legislative Bo Subdivider desires to enter into this agreement, wh Subdivider promises to install and complete at Subdivider' expense, all the public improvement work required by Cil connection with the proposed subdivision. Subdivider secured this agreement with improvement security required b Subdivision Laws and approved by the City Attorney. E. Improvement plans for the construction, install and completion of the improvements have been prepare Subdivider and approved by the City Engineer and incorporated into this agreement by this reference. references in this agreement to the improvement plans include any specifications for the improvements as approvi the City Engineer. F. An estimate of the cost of constructing the p improvements and performing land development work in conne with the public improvement requirements according to improvement plans has been made and approved by the Engineer. The estimated amount is stated on Page 1 oj agreement and the basis for this estimate is attached as Ex "A" . G. An estimate of the cost of installing all req Subdivision monuments has been made and approved by the Engineer. The estimated amount is stated on Page 1 oj agreement and the basis for this estimate is attache Exhibit "B". H. Subdivider recognizes that by approval of the subdivision map for Subdivision, City has conferred substa rights upon Subdivider, including the right to sell, leas finance lots within the Subdivision, and has taken the fina necessary to subdivide the property within the Subdivision. NOW, THEREFORE, in consideration of the approval authorization for recordation of the final map of Subdivision by the City Council, Subdivider and City agrl follows : 1. Subdivider's Obligations to Construct Improvemei Subdivider shall: a. Comply with all the requirements of Resolution of Approval, any amendments thereto, and wit1 provisions of the Subdivision Laws. AGREEMENTS AG-Sfm 2 REV. 1Oi291 .>' '\ b. Complete at Subdivider v s en expense, all public improvement work required on the Tentative Map Resolution of Approval in conformance with approved improv plans and the City standards as follows: IMPROVEMENTS DEADLINE DATE Street Improvements (including: June 1, 1997 paving, curb & gutter, sidewalk, street lights, etc. ) Storm Drain Improvements (including! pipes, manholes, curb, inlets, etc.) The Subdivider acknowledges that the improvement have been prepared in conformance with the City standarc effect on the date of improvement plan submittal, but Subdivider shall be subject to the City standards in effel the date the improvements are actually constructed. c. Furnish the necessary material for completic the public improvements in conformity with the improvement and City standards. d. Acquire and dedicate, or pay the cos1 acquisition by City, all rights-of-way, easements and interests in real property required for constructior installation of the public improvements, free and clear 0' liens and encumbrances. The Subdivider's obligations regard to acquisition by City of off-site rights-of easements and other interests in real property shall be su to a separate agreement between Subdivider and City. Subdi shall also be responsible for obtaining any public or pr drainage easements or other authorization to accommodate Subdivision. e. Notify City Engineer in writing at least working days prior to the commencement of the work so that Engineer will be able to schedule inspections. f. Complete the improvements under this contra1 or before the time limit stated in Section 1, Subsecti hereof, unless a time extension is granted by the City Ma as authorized by Section 20, g. Install all Subdivision monuments required b within thirty days after the completion and prior to accep of the public improvements by the City. AGREEMENTSMG-21 .FRM 3 REV. 1010 @stall street name sign ?) conforming to standards. If permanent street name signs have not installed before acceptance of the improvements by the 1 Subdivider shall install temporary street name signs acco to such conditions as the City Engineer may require. action shall not, however, relieve Subdivider of the oblig to install permanent street signs. ., h. 2. Acquisition and Dedication of Easements or Right Way. If any of the public improvement and land development contemplated by this agreement is to be constructed or inst on land not owned by Subdivider, no construction or install shall be commenced prior to: a. The offer of dedication to City of approp rights-of-way, easements or other interest in real property appropriate authorization from the property owner to construction or installation of the improvements or work; o b. The dedication to, and acceptance by Cit appropriate rights-of-way, easements or other interests in property, as determined by the City Engineer. c. The issuance by a court of comp jurisdiction, pursuant to the state eminent domain law, ( order of possession. Subdivider shall comply in all res with the order of possession. d. Subdivider acknowledges their responsibilit comply with the requirements of Carlsbad Municipal Code Se 20.16.095 and acknowledges further that the City Engineer not be in a position to process a final map without the t submittal of information to obtain off-site property inte required for the construction of off-site improvements. Nothing in Paragraph 2 shall be construed as authorizi granting an extension of time to Subdivider. 3. Security, Subdivider shall at all times guar Subdivider's performance of this agreement by furnishir City, and by maintaining, good and sufficient securit required by the Subdivision Laws on forms approved by Cit the purposes and in the amounts as follows: a. To assure faithful performance of this agre in regard to the improvements in an amount of 100% of estimated costs of the improvements; and, b. To secure payment to any contra subcontractor, persons renting equipment, or furnishing lab materials for the improvements required to be constructc installed pursuant to this agreement in the additional amou 50% of the estimated cost of the improvements; and, AGREEMENTSLAG-21 SRM 4 REV. 1 ON d ,, . C. e guarantee or warranty t e work done pur to this agreement for a period of one year following accep thereof by City against any defective work or labor dor defective materials furnished in the additional amount of 2 the estimated cost of the improvements. The Warranty Sec shall be included with, and made a part of the fai performance security until release of the faithful perfor security as specified in Paragraph 5, Subsection a hereof; d. Subdivider shall also furnish to City goo( sufficient security in the amount of 100% of the estimated of setting subdivision monuments as stated previously in agreement to secure the setting of such monuments and payments associated with the setting. The securities required by this agreement shal kept on file with the City Clerk. The terms and conditio: the security documents referenced on Page 1 of this agre are incorporated into this agreement. If any securit replaced by another City approved security, the replac shall be filed with the City Clerk and, upon filing, sha. deemed to have been made a part of and incorporated into agreement. Upon filing of a replacement security with the Clerk, the former security may be released. Guarantee or Warranty for One Year. In additic any other remedy in law or equity, Subdivider shall guarant warranty the work done pursuant to this agreement for a p of one year after final acceptance by the City Council 0: work and improvements against any defective work or labor or defective materials furnished. If within the warranty p any work or improvement or part of any work or improvement furnished, installed, constructed or caused to be furnished, installed or constructed by Subdivider fails fulfill any of the requirements of this agreement or improvement plans and specifications referred to he Subdivider shall without delay and without any cost to repair or replace or reconstruct any defective or othe unsatisfactory part or parts of the work or structure. S Subdivider fail to act promptly or in accordance with requirement, Subdivider hereby authorizes City, at C option, to perform the work twenty (20) days after ma written notice of default to Subdivider and to Subdivi Surety, and agrees to pay cost of such work by City. Shoul City determine that an urgency requires repairs or replace to be made before Subdivider can be notified, City may, i sole discretion, make the necessary repairs or replacemei perform the necessary work and Subdivider shall pay to Cit cost of such repairs. City shall take all steps reaso possible to notify Subdivider of such urgency, but failu receive notification, shall not relieve the Subdivider or surety from the obligation to pay for the entire cost of urgency work. Notwithstanding any other provision of this agree securities for warranty work shall not be released unti REV. lo/( AGREEMENTSAG-21 .FRM 5 warranty perio d has elapsed and Subdivi dk r has completec *. warranty work in a manner acceptable to the City. withstanding any other provision of this agreement, any war work performed must be warranted for the same warranty p original work. If warranty work is performed at any time, warranty will arise according to the terms of this agree and securities shall not be released until the new war period has elapsed and Subdivider has completed the work manner acceptable to the City. and, in the same manner, as provided in this agreement fo: Notwithstanding any other provision of this agreement City is not required to notify Subdivider during the war period for any claims under the warranty and Subdivider a to honor claims presented after the warranty period for c which arose during the warranty period. Securities shall n released if there are pending claims of any kind associated the warranty work, including but not limited to, claim2 labor and materials. 5. Release of Securities. The securities requirc this agreement shall be released as follows: a. Security given for faithful performance oj act, obligation, work or agreement shall be released up01 final completion and acceptance of the act or work and afte expiration of the time limits for filing claims against City, subject to the provisions of subsection 5 b here Release is made provided that 25% of the original sec amount given for Faithful Performance shall be retaine security for guarantee and warranty of the work performed. b. The City Engineer may release a portion oj security given for faithful performance of improvement wo: the improvement progresses upon application by the Subdiv provided, however, that no such release shall be for an a less than 25% of the total improvement security given faithful performance of the improvement work and that total improvement security given for faithful performance o improvement work until final completion and acceptance 0: improvement work. In no event shall the City Engineer auth a release of the improvement security which would reduce security to an amount below that required to guarantee completion of the improvement work and any other oblig imposed by this agreement. security shall not be reduced to an amount less than 50% o c. Security given to secure payment to contractor, his or her subcontractors and to persons furni labor, materials or equipment shall, six months after completion and acceptance of the work, be reduced to an a equal to 125% of the total amounts claimed by all claimant whom liens have been filed and of which notice has been giv the City, conditioned upon the payment of said claims tog with costs of suit plus reasonable attorney's fees, pli REV. 1 O/( 6 AGREEMENTSAG-21 .FRM e d .. amount reasonably determined by the City E gineer to be req to assure the performance of any other obligations secure the security. The balance of the security is to be relf upon the settlement of all claims and obligations for whicl: security was given. d. The warranty period shall not commence 1 final acceptance of all work and improvements by the Council, and no security given for the guarantee or warranl work shall be released until the expiration of the war: period as described in Section 4. e. Security given to secure the setting subdivision monuments shall be released upon receipt by the Engineer of written notice by the Subdivider, stating monuments have been set in accordance with Subdivision Law: upon receipt of evidence the Subdivider has paid the Engine, Surveyor for the setting of subdivision monuments. f. The City may retain from any security rele, an amount sufficient to cover costs, reasonable expenses, fees, including reasonable attorneys' fees. Subdivider safe access f pectors and to the on completion of the inspection by the resentative. If the sentative, determines ance with this agree: they shall certify the completion of the public improvemen. the City Council. If the City Council that improvements have been completed as requir agree it shall accept the improvements within thirty days aftei City Engineer certifies that the improvements have completed. No improvements shall be accepted unless all as of the work have been inspected and determined to have completed in accordance with the Improvement Plans and standards. Subdivider shall bear all costs of inspectior certification. 7. Final Acceptance of Work. Acceptance of the wo: behalf of City shall be made by the City Council recommendation of the City Engineer after final completioi inspection of all improvements. Such acceptance shall not constitute a waiver of defects by City, nor of the appli statutes of limitation. 8. Alteration to Improvement Plans. a. Any changes, alterations or additions to improvement plans and specifications or to the improve which are mutually agreed upon by City and Subdivider, exceeding 10% of the original estimated cost of the improv REV. 1 OK AGREEMENTSWG-21 .FRM 7 0 or $50,000 whi @ ever is less, shall not change the amour security required under Section 3. In the event such cha: alterations, or additions exceed such amounts, Subdivider provide additional security as required by Paragraph 3 of agreement based on the total estimated cost of the improve: as changed, altered, or amended, minus any completed pa releases allowed by Paragraph 5 of this agreement. .*. b. The Subdivider shall construct the improve in accordance with the City standards in effect at the til their construction. City reserves the right to modify standards applicable to the. Subdivision and this agreement, necessary to protect the public safety or welfare or comply applicable state or federal law or City zoning ordinances, Subdivider requests and is granted an extension of time completion of the improvements, City may apply the standarc effect at the time of the extension. 9. Injury to Public Improvements, Public Propert Public Utility Facilities. Subdivider shall replace or r rovements, public utilities and surveyin ents which are destroyed or damaged as a r r this agreement. Subdivider shall beai placement or repairs of any and all pub1 lity property damaged or destroyed by reason 0: under this agreement, whether such ates or any agency thereof, any agency, district or poli the City or any public or any combination of such owners, Any be to the satisfaction, and subje approval of, the City Engineer. 10. Injury to Work. Until such time as the improve are accepted by City, Subdivider shall be responsible to the risk of loss to any of the improvements construct€ installed. Until such time as all improvements required by agreement are fully completed and accepted by City, Subdi will be responsible for the care, operation of, maintenanc and any damage to such improvements. City shall not, nor any officer or employee thereof, be liable or responsibli any accident, loss or damage, regardless of cause, happeni occurring to the work or improvements specified in agreement prior to the completion and acceptance of the wo improvements. All such risks shall be the responsibility o are hereby assumed by Subdivider ., 11. Default of Subdivider. a. Default of Subdivider shall include, but nc limited to, Subdivider's failure to timely commence constru of the improvements under this agreement; Subdivider's fa to timely complete construction of the improvem Subdivider's failure to cure any defect in the improvem Subdivider's failure to perform substantial construction REV. 1 OM AGREEMENTSAG-21 .FRM 8 m r!B ..' for a period o 0 calendar days after co ncement of the P Subdivider's insolvency, appointment of a receiver, or filing of any petition in bankruptcy either voluntarl involuntary which Subdivider fails to discharge within 30 ( or a portion thereof, or any conveyance in lieu or in avoic of foreclosure; or Subdivider's failure to perform any ( obligation under this agreement. the commencement of a foreclosure action against the Subdiv: b. The City reserves to itself all rem( available to it at law or in equity for breach of Subdivic obligations under this agreement. In the event Subdivider : to perform any of the terms or conditions of this agreement, City will be damaged to the extent of the costs of install; of the improvements which Subdivider failed to install. 1 specifically recognized that the determination of wheth reversion to acreage or rescission of the Subdivision app: constitutes an adequate remedy for default of the Subdi. shall be reserved to the sole discretion of City. The he right, to draw upon or ut mitigate City's damages in The right of City to draw security is additional to, and not in lieu of, any other ri available to City. It is specifically recognized that estimated costs and security amounts may not reflect the ai cost onstruction or installation of the improvements there , City's damages for Subdivider's default shal measured by the actual cost to City of completing the req improvements. The sums provided by the improvement security mi used by City for the completion of the public improvemenl accordance with the improvement plans and specifica contained herein. In the event of Subdivider's default this agreement, Subdivider authorizes City to perform obligation twenty (20) days after mailing written notic default to Subdivider and to Subdivider's Surety, and agrec pay the entire cost of such performance completion, by contract or by any other method City may advisable, for the account and at the expense of Subdivider Subdivider's Surety shall be liable to City for any excess or damages occasioned thereby; and, in such event, City, wi liability for so doing, may take possession of, and utili completing the work such materials, appliances, plant and property belonging to Subdivider as may be on the site 0: work and necessary for performance of the work. Subdi agrees not to remove such property from the site. City may take over the work a cute the sal c. Failure of Subdivider to comply with the ter this agreement shall constitute consent to the filing by Ci a notice of violation against all lots in Subdivision, ( rescind the approval or otherwise revert the Subdivisic acreage e REV. IO/( AGREEMENTSWG-21 .FRM 9 d. q the event that Subdivide ? fails to perforr obligation hereunder, Subdivider agrees to pay all costs expenses incurred by City in obtaining performance of obligations, including costs of suit and reasonable attori fees. e. The failure of City to take an enforcement ac with respect to a default, or to declare a breach, shall nc construed as a waiver of that default or any subsequent de of Subdivider. 12. Permits. Subdivider shall, at Subdivider's expc obtain all necessary permits and licenses for the construc and installation of the improvements, give all necessary no' and pay all fees and taxes required by law. 13. Subdivider Not Agent of City. Neither Subdivide: any of Subdivider's agents or contractors are or shal considered to be agents of City in connection with performance of Subdivider's obligations under this agreemen 14. Other Agreements. Nothing contained in this agre shall preclude City from expending monies pursuant to agree] concurrently or previously executed between the parties, or entering into agreements with other subdividers or devell for the apportionment of costs of water and sewer main2 other improvements, pursuant to the provisions of the ordinances providing therefore, nor shall anything in agreement commit City to any such apportionment. 15. Subdivider's Obligation to Warn Public D Construction. Until final acceptance of the improvem for each and every dangerous condition present in improvem whether brought to his or her attention by the Cit otherwise, and will take all reasonable actions to protecl public from such dangerous conditions. Subdivider shall give good and adequate warning to the p 16. Vesting of Ownership. Upon acceptance of the wo behalf of City and recordation of the Notice of Comple ownership of the improvements constructed pursuant to agreement shall vest in City. 17. Indemnity/Hold Harmless. The City or any offici employee thereof shall not be liable for any injury to pe or property occasioned by reason of the acts or omissior Subdivider, its agents or employees, in the performance of agreement. Subdivider further agrees to protect and harmless City, its officials and employees from any anc claims, demands, causes of action, liability or loss oj sort, because of, or arising out of, acts or omissic Subdivider, its agents or employees in the performance of agreement, including all claims, demands, causes of ac liability, or loss because of, or arising out of, in whole part, the design or construction of the improvements; prov REV. lo/( AGREEMENTSWG-21 .FRM 10 however, that @I e approved improvement d ecurity shall nc required to cover the provisions of this paragraph. indemnification and agreement to hold harmless shall extei injuries to persons, and damages to or taking of prop resulting from the design or construction of said subdivi and the public improvements as provided herein, and addition, damage to adjacent property as a consequence 0: drainage systems, streets and other public improvemen Acceptance by the City of the improvements shall not const an assumption by the City of any responsibility for any d or taking covered by this paragraph. City shall no responsible for the design or construction of the subdivisi the improvements pursuant to the approved improvements pla map, regardless of any action or inaction aken by the Ci approving the plans or map, unless the t icular improv design was specifically required by City over written obje by Subdivider submitted to the City Engineer before approv the particular improvement design, which objection indi that the particular improvement design was dangerou# defective and suggested an alternative safe and feasible de After acceptance of the improvements, the Subdivider remain obligated to eliminate any defect in design or dang condition caused by the design or construction defect, ho Subdivider shall not be responsible for routine maintenai Provision of this paragraph shall remain in full force effect for ten years following the acceptance by the Cii improvements. It is the intent of this section that Subdi construction of the improvements installed or work done pur to this agreement and that City shall not be liable foi nonfeasance, misfeasance or malfeasance in approving, revie checking, or correcting any plans or specifications o approving, reviewing or inspecting any work or construction shall be responsible for all liability for design 18. Sale or Disposition of Subdivision. Sale or disposition of this property will not relieve Subdivider the obligations set forth herein. If Subdivider sell: property or any portion of the property within the subdiv to any other person, the Subdivider may request a novatir this agreement and a substitution of security. Upon approv the novation by City and substitution of securities approv City, the Subdivider may request a release or reduction o securities required by this agreement. Nothing in the nov shall relieve the Subdivider of the obligations under Para 17 for the work or improvement done by Subdivider. 19. Time is of the Essence. Time is of the essenl this agreement. 20. Time for Commencement of Work; Time Extensic Subdivider shall commence substantial construction of improvements required by this agreement not later than months prior to the time for completion. In the event cause exists, as determined by the City Manager, the tim commencement of construction or completion of the improve RN. loll AGREEMENTSWG-21 .FRM 11 may be extena. The extension shal ir) be made in wr executed by the City Manager. Any such extension may be gr without notice to Subdivider's Surety and shall in no way a the validity of this agreement or release the Surety or Sur from the obligations on any bond. A denial of extension m appealed to the City Council within 10 days. .. Delay, other than delay in the commencement of resulting from an act of City, or by an act of God, Subdivider could not have reasonably foreseen, or by stoi inclement weather which prohibits the conducting of work, ( strikes, boycotts, similar actions by employees or organizations, which prevent the conducting of work, and were not caused by or contributed to by Subdivider, , constitute good cause for.an extension. As a condition of extension, the City Manager or City Council may re( Subdivider to furnish new security guaranteeing performanc this agreement as extended in an increased amount as nece: to compensate for any increase in construction cost: determined by the City Engineer, 21. No Vesting of Rights. Performance by Subdivide this agreement shall not be construed to vest Subdivider's 1 with respect to any change in any zoning or building la ordinance. 22. Notices. All notices required or provided for 1 this agreement shall be in writing and delivered in persc sent by mail, postage prepaid and addressed as provided in paragraph. Notice shall be effective on the date it delivered in person, or, if mailed, on the date of deposi the United States Mail. Notices shall be addressed as fol unless a written change of address is filed with the City: Notice to City: City Engineer 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Notice to Subdivider: Greystone Homes, Inc. 495 E. Rincon Carona, CA 91719 American Motorists Insurance Cornpan: 7470 N. Figueroa St., Los Angeles, CA. 90041 Notice to Surety: 23. Severability. The provisions of this agreement severable. If any portion of this agreement is held invali a court of competent jurisdiction, the remainder of agreement shall remain in full force and effect unless ame or modified by the mutual consent of the parties. RN. 10/06/' 12 AGREEMENTSWG-21 .FRM 24. Capt a s. The captions of t@ agreement are convenience and reference only and shall not define, exp modify, limit, exemplify, or aid in the interpreta construction or meaning of any provision of this agreement. 25. Litigation or Arbitration. This agreement ma enforced by litigation or arbitration at City's election ai that event, the prevailing party shall be entitled to cost reasonable attorney's fees in enforcing the tesms of agreement. I. 26. Incorporation of Recitals. The Recitals to agreement are hereby incorporated into the terms of agreement. 27. Entire Agreement. This agreement constitutes entire agreement of the parties with respect to the su matter. All modifications, amendmen r waivers of the t /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// AGREEMENTSAG-21 .FRM 13 RN. 1010 of this agreem @ It must be in writing and s 9 ned by the appropriate representatives of the parties. In the case o City, the appropriate party shall be the City Manager. .. day of e , 19 6 Executed by Subdivider this SUBDIVIDER: CITY OF CARLSBAD, a Munic Corporation of the State California for City Manager ROBERT W. GARCIN, SECRETARY (print name here) f :PETER KIESECKER, Y ICE PRESIDENT (print name here) (title and organization of signatory) (Proper notarial acknowledgement of execution by SUBDIVIDER be attached) (President or vice-president and secretary or assi: secretary must sign for corporations. If only one officer s: the corporation must attach a resolution certified by secretary or assistant secretary under corporate seal empowt that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: /WA ’ Q~pa4.J” City Attorney REV. 10/06 AGREEMENTSWG-21 .FRM 14 State of California 1 CAPACITY CLAIMED BY County of Los Angeles ) SIGNER: On June 19, 1996, before me Sandra K. Mantik, Notary Public in and for said State, personally appeared Robert W. Garcin personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the within instrument. WITNESS my hand and official seal Individuals - x Corporate Officer Vice President Partners Corporation as a Partner Other I IC * SIGNER IS REPRESENTING: Greystone Homes, Inc. SANDRA K. MANIB€ COMM. 9 993263 N0fat-i Public - Califm LOS ANGELES COUW THIS CERTIFICATE Title or Type of Document >&diu iflm (w w MUST BE ATTACHED Number of Pages 17 Date of Document 'L TO THE DOCUMENT Signer(s) Other than Named Above DESCRIBED AT RIGHT Other Info MUST BE ATTACHED TO THE DOCUMENT DESCFUBED AT RIGHT Number of Pages Signer(s) Other than Named Above Other Info Date of Document 0 0 PRELIMINARY COST ESTIMATE FOR BONDING PURPOSES PARK VIEW WEST CARLSBAD TRACT# 85-15 CITY OF CARLSBAD ............................................................... COST SUMMARY -------------- TOTAL STORM DIIAINAGE....................... $848,539 TOTAL ROADWAY IMPROVEMENT .................. $1,131,842 -----------. GRAND T 0 T A L................... $1,980,381 ------------ --- --------- 05-G I' 980'00~ HUNSAKER & ASSOCIATES, INC 10179 Huennekens Street San Diego, Ca 92121 Tel: (619) 558-4500 Revised: December, 8, 199 W. 0. #143 1-19 iparkvw3 Date: September 28, 19 Prepared by: Terry Allbritain Revised: November 20, 199 ~~1317 "A" 5H-T I oi=- 3 . 0 0 PRELIMINARY COST ESTIMATE FOR BONDING PURPOSES PARK VIEW WEST CARLSBAD TRACT# 85-15 CITY OF CARLSBAD ............................................................... UNIT ITEM QUANTITY PRICE TOTAL STORM DRAINAGE ------------ ---- -------- ----- ------_------- 18" RCP 1,928 LF@$ 73 = $140,744 24" RCP 754 LF@$ 84 = $63,336 36" RCP 2,514 LF@$ 130 = $326,820 42" RCP 274 LF@$ 150 = $41,100 REMOVE 18" RCP 282 LF@$ 15 = $4 , 230 REMOVE 24" RCP 185 LF@$ 15 = $2 , 775 REMOVE 36" RCP 155 LF@$ 15 = $2 , 325 CLEANOUT TYPE "A-4" 14 EA@$ 3,610 = $50,540 SPECIAL MANHOLE (G'DIA) 4 EA@$ 3,800 = $15,200 CATCH BASIN TYPE "F" 7 EA@$ 3,280 = $22 , 960 CONCRETE LUG 6 EA@$ 640 = $3 , 840 CURB INLET "A" OR "B" 8 EA@$ 3,270 = $26,160 CURB INLET "B-1" 6 EA@$ 3,270 = $19 , 620 CURB OUTLET (D-25) 1 EA@$ 2,230 = $2 , 230 CUTOFF WALL 2 EA@$ 470 = $940 PIPE COLLAR (D-62) 1 EA@$ 650 = $650 SLOPE ANCHORS 7 EA@$ 650 = $4 , 550 CHAIN LINK FENCE 400 LF@$ 13.60 = $5,440 SUB-TOTAL $737,860 CONTINGENCY (15%) $110,679 TOTAL STORM DRAINAGE $848 , 539 REMOVE CATCH BASIN 1 EA@$ 1,000 = $1,000 HEADWALL GRAVITY TYPE 1 EA@$ 2,200 = $2,200 CMP INLET 1 EA@$ 1,200 = $1,200 -_____------ ------------ EYl-jIl317 %" 5H7 z OF3 * e * PRELIMINARY COST ESTIMATE FOR BONDING PURPOSES PARK VIEW WEST CARLSBAD TRACT# 85-15 CITY OF CARLSBAD ............................................................... SANITARY SEWERS (Leucadia County Sewer District) --------------- WATER DISTRIBUTION (Olivenhain Municiple Water District) ------------------ ROADWAY IMPROVEMENTS .................... 6" CURB & GUTTER TYPE "GI1 11,628 LF@$ 13.10 = $152,327 6" CURB ONLY 1,255 LF@$ 13.10 = $16,441 GUTTER W = 4.5' 262 LF@$ 20.25 = $5,306 CROSS GUTTER 3,755 SF@$ 4.70 = $17 , 649 BOMANITE PAVING 2,893 SF@$ 3.00 = $8 , 679 4" AC/ 4" AB 125,149 SF@$ 2.20 = $275,328 4" AC/ 6" AB 46,250 SF@$ 2.45 = $113,313 174,292 SF@$ 0.40 = $69 , 717 SUBGRADE PREPARATION SIDEWALK 48,170 SF@$ 3.00 = $144,510 STREET LIGHT 29 EA@$ 3,500 = $101,500 RELOCATE STREET LIGHT 1 EA@$ 1,500 = $1,500 STREET NAME SIGN 10 EA@$ 180 = $1,800 STREET NAME & STOP SIGN 4 EA@$ 180 = $720 STOP SIGN 9 EA@$ 180 = $1,620 SURVEY MONUMENT 6 EA@$ 400 = $2 , 400 BARRICADE (M-9) L=6' 8 EA@$ 400 = $3 , 200 METAL BEAM GUARD RAIL 881 LF@$ 45 = $39,645 GUARD POST 2 EA@$ 220 = $440 REMOVE & REPLACE AC PMT. 2,000 SF@$ 2.50 = $5 , 000 REMOVE CURB & GUTTER 120 LF@$ 5.40 = $648 $240 REMOVE BARRICADE 30 LF@$ 8.00 = SUB-TOTAL $984 , 210 CONTINGENCY (15%) $147 , 632 TOTAL ROADWAY IMPROVEMENTS $1,131,842 PEDESTRIAN RAMP 32 EA@$ 660 = $21,120 BRASS PLAQUE 6 EA@$ 185 = $1,110 ------------ ------------ EXHI617 %'I 5)! 3 OF 3 v e * Hunsaker G Associates San Diego, i m - Planning Engineering Surveying GPS EXHIBIT “B” January 23, 1996 City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Re: Carlsbad Tract 85-1 5 Parkview West To whom it may concern: The deferred monumentation bond amount for the above referenced Tract is $1 5,000. Sincerely, Hunsaker & Associates San Diego, Inc. I y& @/&,* /-23-9& Jog W. Hill, Jr. L.S. 5669 DA:kk mswordk:\l431 hl9.doc wo 1431-19 101 79 Hztennekens Styeet @ Jan Diego, CA 92121 @ (619) 558-4500 @ FAX: (619) 558-1414 Offlces: Sun Diego Imine Kiuerside/Sun Bernardino David Hummur - Juck Hill ~xV7817 “6‘’