HomeMy WebLinkAbout1996-05-07; City Council; 13643; FINAL MAP CARLSBAD TRACT NO. 85-15 PARK VIEW WESThn,p >
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AB# )3,GV3 TITLE: FINAL MAP DEP
MTG. 5/07/96 CARLSBAD TRACT NO. 85-15 CITY
CITI
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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
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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\
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PARK VIEW WEST
e GROWTH MANAGEMENT PROGa
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
*With payment of CFD No. 2 fee.
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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.
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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
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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
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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
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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‘’