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HomeMy WebLinkAbout2023-06-20; City Council; ; Declare Carlsbad Coastal Views, LLC in default of the subdivision improvement agreement for Project CT 16-04, Highland View HomesCA Review GH Meeting Date: June 20, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Babaq Taj, Engineering Manager babaq.taj@carlsbadca.gov, 760-637-0006 Valerie Airey, Municipal Projects Manager valerie.airey@carlsbadca.gov, 760-450-4101 Subject: Declare Carlsbad Coastal Views, LLC in default of the subdivision improvement agreement for Project CT 16-04, Highland View Homes District: 1 Recommended Actions Adopt a resolution declaring Carlsbad Coastal Views, LLC in default of the subdivision improvement agreement for Project CT 16-04, Highland View Homes. Executive Summary The Highland View Homes Project is a subdivision of eight single-family homes on Highland Drive, with a private stormwater basin and a private common driveway that was approved for construction and issued permits in May 2017. The subdivider is required to complete certain specified public improvements in the city’s right-of-way, including water and sewer upgrades, monumentation1 and roadway paving. Staff have notified the subdivider, Carlsbad Coastal Views LLC, of incomplete and deficient improvements on numerous occasions over the past 11 months, but Carlsbad Coastal Views has been nonresponsive. To ensure the completion of required public improvements for major subdivisions,2 Carlsbad Municipal Code Section 20.16.100 - Improvement security – Forfeiture, provides that “upon the failure of the subdivider to complete any improvement, acts or obligations within the time specified, and upon certain written notice, the city council may … determine the subdivider is in default” and the City Council may cause the forfeiture of the improvement security for the city to complete the work. Staff recommend the City Council adopt a resolution declaring Carlsbad Coastal Views, LLC, in default of the Subdivision Improvement Agreement for Project CT 16-04, 1 A monument, sometimes referred to as survey monument, is a permanent marker set by a land surveyor to mark or reference a point on a property. 2 “Major subdivision” is defined to mean a subdivision of five or more lots. June 20, 2023 Item #9 Page 1 of 42 Highland View Homes and authorizing the City Manager, or designee, to draw upon the improvement security to complete the required public improvements. Explanation & Analysis Carlsbad Coastal Views executed a subdivision improvement agreement with monumentation with the city on Nov. 30, 2017 (Exhibit 2). The subdivision improvement agreement was secured by a faithful performance warranty bond in the amount of $172,300. (Carlsbad Coastal Views also executed a Grading and Erosion Control Agreement with the city, secured by a separate bond, which is not the subject of this staff report.) The subdivision was foreclosed upon in September 2020, and the property was purchased through auction by MFG Highland Partners, LLC. Carlsbad Coastal Views did not execute an agreement with MFG Highland to allow MFG Highland to substitute as the subdivider. Because of that, the subdivision improvement agreement, grading and erosion control agreement and all associated bonds are still in Carlsbad Coastal Views’ name, and it remains the subdivider’s responsibility to fulfill to the terms of the agreements and bond. Under the terms of the subdivision improvement agreement, the subdivider was required to complete the improvements before Oct. 31, 2020. Staff have directed Carlsbad Coastal Views to complete the remaining work detailed in the project’s improvement drawings (DWG 504-3), which identify all the work and features that are to be installed in the public right-of-way, and in the subdivision improvement agreement. Carlsbad Coastal Views has not responded. The city sent the final punch list of the required work to Carlsbad Coastal Views by certified mail on Feb. 27, 2023, and a subsequent 20-day notice of default was sent by registered mail on March 20, 2023, as required by Carlsbad Municipal Code Section 20.16.100. (Exhibit 3). Carlsbad Coastal Views has not replied to any of the letters, notices and requests that were sent by the city. The remaining final punch list items for Highland View Homes (Exhibit 4) consists of: • Completion of the as-built drawings, which show any changes from the improvement drawings • Execution of an extension for the secured agreement • Set, certify and record the required survey monuments with the County of San Diego • Remove and replace damaged concrete panel(s) on a driveway approach in the public right-of-way • Raise utility valve cans, which cover drinking water valves, to the finished grade of the roadway • Restore asphalt on Highland Drive damaged by the project • Repair a damaged asphalt curb in the public right-of-way Carlsbad Municipal Code Section 20.16.100 requires the City Council to declare the subdivider in default so that the improvement security can be forfeited to the city, so that the city can complete the work. Under the terms of the subdivision improvement agreement, the June 20, 2023 Item #9 Page 2 of 42 subdivider is considered to have defaulted if it has failed to complete construction of the improvements by the agreed-upon deadlines. Any work completed by the city as a result of the subdivider’s default under the agreement will be at the subdivider’s expense. Specifically, the city may, in accordance with the terms of the subdivision improvement agreement, use the improvement security to complete the public improvements in accordance with the improvement plans. The subdivision improvement agreement provides that the “City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's Surety shall be liable to City for any excess cost or damages occasioned thereby.” Fiscal Analysis Staff estimate the cost to complete the improvements in the remaining punch list work at approximately $70,000. Under the subdivision improvement agreement, the subdivider’s surety, SureTec Insurance Company is not required to retain a contractor to complete the work.3 Accordingly, the city will have to do so and submit the costs to SureTec for reimbursement. Staff recommend using up to $70,000 from the Pavement Management Program, Capital Improvement Program Project No. 6001, to complete the final items. Upon completion of the work, staff will seek reimbursement of all costs associated with completing the improvements from SureTec, under the terms of the project’s subdivision improvement agreement A final accounting of costs will be provided to the Finance Department after the work has been completed and the reimbursement funds will be deposited back into to the Pavement Management Program fund. Summary of estimated costs and available funds Pavement Management Program Capital Improvement Program Project No. 6001 Total appropriations to date $53,799,889 Total expenditures/encumbrances to date -$44,698,448 Total available funds Project No. 6001 $9,101,441 Highland View Homes Project final punch list items work Construction contract(s) (estimated) -$50,000 Engineer of work services (estimated) -$10,000 Staff construction management and administrative costs (estimated) -$10,000 Total estimated construction costs -$70,000 Remaining balance after final punch list items project $9,031,441 Additional appropriation needed $0 3 A surety guarantees that a developer will perform the work required for completion of a project pursuant to agreed-upon terms. June 20, 2023 Item #9 Page 3 of 42 Options Staff provide the following options for the City Council’s consideration: 1. Adopt a resolution declaring the Carlsbad Coastal Views, LLC, in default of the Subdivision Improvement Agreement for Project CT 16-04, Highland View Homes and authorizing the City Manager, or designee, to draw upon the improvement security. Pros • Mitigates potential damage to the city’s potable water system and safety hazards associated with vehicular, cycling and pedestrian travel on Highland Drive by completing the agreed-upon public improvements in accordance with city standards • Provides better and safer vehicle and pedestrian mobility • Limits potential liability claims upon the city related to these unfinished public improvements • Reimbursement is available to the city from the bond holder’s surety for costs to complete the work • Even if the costs are not reimbursed, the city’s out-of-pocket costs may be offset by the value of mitigating the future risk and potential liability associated with the incomplete public improvements Cons • SureTec may not agree to reimburse the city for all costs associated with completing the work. 2. Do not approve a resolution declaring Carlsbad Coastal Views, LLC in default of the subdivision improvement agreement Pros • None identified Cons • The deficient and incomplete work on the outstanding final items would remain incomplete, and the city could be exposed to claims related to the incomplete work Staff recommend Option 1. Next Steps With the City Council’s approval, staff will request bids to construct the final punch list items. Staff will evaluate the bids received and identify the lowest responsive and responsible bidder. Staff will engage the project’s engineer to complete the administrative final punch list items. Staff will execute an agreement with the lowest responsive and responsible bidder to complete the construction items. After the work has been completed, staff will seek reimbursement of all costs incurred from SureTec under the terms of the subdivision improvement agreement. Environmental Evaluation The City Planner, through the process outlined in Carlsbad Municipal Code Section 19.04.060, has determined that this project is exempt under California Code of Regulations Section 15321- June 20, 2023 Item #9 Page 4 of 42 Enforcement by Regulatory Agencies, in that the action is enforcing rules and standards adopted by the city in its regulatory capacity. Exhibits 1. City Council resolution 2. Subdivision improvement agreement (SAGT-17-342) 3. 20-Day notice of default 4. Improvement final punch list 5. Location map June 20, 2023 Item #9 Page 5 of 42 RESOLUTION NO. 2023-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING CARLSBAD COASTAL VIEWS, LLC IN DEFAULT OF THE SUBDIVISION IMPROVEMENT AGREEMENT FOR PROJECT CT 16-04, HIGHLAND VIEW HOMES WHEREAS, the City Council of the City of Carlsbad, California has determined Carlsbad Coastal Views, LLC, or Subdivider, is in default of the Subdivision Improvement Agreement for Project CT 16- 04, Highland View Homes; and WHEREAS, the Highland View Homes Project, or Project, is a subdivision of eight single-family homes, a private stormwater basin and a private common driveway located on Highland Drive, which was approved for construction and issued permits in May 2017; and WHEREAS, the Subdivider has failed to complete the public improvements associated with the Project; and WHEREAS, Carlsbad Municipal Code Section 20.16.100 requires the City Council to declare the Subdivider in default in order for the improvement security to be forfeited to the city for the city to complete the work and seek reimbursement from the Subdivider's surety; and WHEREAS, the city may take over the work and prosecute the same to completion, by contract or by any other method the city may deem advisable, at the expense of the Subdivider, per the Subdivision Improvement Agreement; and WHEREAS, adequate funds are available in the Pavement Management Program, Capital Improvement Program, or CIP, Project No. 6001, to fund the work identified in the final punch list; and WHEREAS, staff will seek reimbursement to the CIP project account from the Subdivider's surety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That Carlsbad Coastal Views, LLC is declared in default of the Subdivision Improvement Agreement for Project CT 16-04, Highland View Homes and the City Manager, or designee, is authorized to draw upon the improvement security to complete the public improvements associated with the Project. Exhibit 1 June 20, 2023 Item #9 Page 6 of 42 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20th day of June, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) June 20, 2023 Item #9 Page 7 of 42 Exhibit 2 June 20, 2023 Item #9 Page 8 of 42 SUBDIVISION IMPROVEMENT AGREEMENT WITH MONUMENTATION PROJECT ID# CT 16-04 DATEOFAGREEMENT: Navtlflf:(J(, :k:=>/ 20n NAME OF SUBDIVIDER: Carlsbad Coastal Views, LLC, a California limited liability company (referred to as "SUBDIVIDER") NAME OF SUBDIVISION: Highland View Homes ---=------------------------(referred to as "SUBDIVISION") TENTATIVE MAP RESOLUTION AND DATE OF APPROVAL: PC Res No.: 7242 Approval Date: 5/17/17 (referred to as "Resolution of Approval") IMPROVEMENT PLAN NO(S).: DWG 504-3 (ROW2017-0397) (referred to as "Improvement Plans") ESTIMATED TOTAL COST OF IMPROVEMENTS: $172,300.00 ---------------- ESTIMATED TOTAL COST OF MONUMENTATION: $10,000.00 ---------------- SURE TY/FIN AN CI AL INSTITUTION: SureTec Insurance Company ADDRESS: 3131 Camino del Rio N. Ste 1450, San Diego, CA 92108 FORM OF SECURITY: Surety Bond --~----------------------- SECURITY ID NOS.: Lflf O / 40 I CitM q4 O) L\ 02,, This agreement is made and entered into by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. Subdivider has presented to City for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this agreement as the "Subdivision Laws". B. A tentative map of the Subdivision has been approved. The Resolution of Approval is on file in the Office of the City Clerk or the Secretary to the Planning Commission and is hereby incorporated into this agreement by reference. C. The Subdivision Laws establish as a condition precedent to the approval of a final subdivision map that Subdivider must have complied with the Resolution of Approval and must have either (a) completed, in compliance with City Standards, all of the improvements and land develop~nt work required by the Subdivision Laws or the Resolution of Approval or, (b) have entered into a secured agreement with City to complete the construction and installation of improvements and land development within a period of time specified by City. D. In consideration of approval of a final subdivision map for the Subdivision by the Planning Commission or City Council (hereinafter referred to as "Legislative Body"), Subdivider 1 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&A\SUBDIVISION IMPROVEMENT AGREEMENT WITH MON.doc City Attorney Approved Version 01/25/13 June 20, 2023 Item #9 Page 9 of 42 desires to enter into this agreement, whereby Subdivider promises to install and complete at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision. Subdivider has secured this agreement with improvement security required by the Subdivision Laws and approved by the City Attorney. E. Improvement plans for the construction, installation and completion of the improvements have been prepared by Subdivider and approved by the City Engineer and are incorporated into this agreement by this reference. All references in this agreement to the improvement plans shall include any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost of constructing the public improvements and performing land development work in connection with the public improvement requirements according to the improvement plans has been made and approved by the City Engineer. The estimated amount is stated on Page 1 of the agreement and the basis for this estimate is attached as Exhibit "A". G. An estimate of the cost of installing all required Subdivision monuments has been made and approved by the City Engineer. The estimated amount is stated on Page 1 of the agreement and the basis for this estimate is attached as Exhibit "B". H. Subdivider recognizes that by approval of the final subdivision map for Subdivision, City has conferred substantial rights upon Subdivider, including the right to sell, lease, or finance lots within the Subdivision, and has taken the final act necessary to subdivide the property within the Subdivision. NOW, THEREFORE, in consideration of the approval and authorization for recordation of the final map of the Subdivision by the City Council, Subdivider and City agree as follows: 1. Subdivider's Obligations to Construct Improvements. Subdivider shall: a. Comply with all the requirements of the Resolution of Approval, any amendments thereto, and with the provisions of the Subdivision Laws. b. Complete at Subdivider's own expense, all the public improvement work required on the Tentative Map and Resolution of Approval in conformance with approved improvement plans and the City standards as follows: IMPROVEMENTS Public water, sewer mains and appurtenances DEADLINE DATE 10/31/20 The Subdivider acknowledges that the improvement plans have been prepared in conformance with the City standards in effect on the date of improvement plan submittal, but that Subdivider shall be subject to the City standards in effect on the date the improvements are actually constructed. c. Furnish the necessary material for completion of the public improvements in conformity with the improvement plans and City standards. 2 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&A\SUBDIVISION IMPROVEMENT AGREEMENT WITH MON.doc City Attomey Approved Version 01/25/13 June 20, 2023 Item #9 Page 10 of 42 d. Acquire and dedicate, or pay the cost of acquisition by City, all rights-of-way, easements and other interests in real property required for construction or installation of the public improvements, free and clear of all liens and encumbrances. The Subdivider's obligations with regard to acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private drainage easements or other authorization to accommodate the Subdivision. e. Notify City Engineer in writing at least five working days prior to the commencement of the work so that City Engineer will be able to schedule inspections. f. Complete the improvements under this contract on or before the time limit stated in Section 1, Subsection b hereof, unless a time extension is granted by the City Manager as authorized by Section 20. g. Install all Subdivision monuments required by law within thirty days after the completion and prior to acceptance of the public improvements by the City. h. Install street name signs conforming to City standards. If permanent street name signs have not been installed before acceptance of the improvements by the City, Subdivider shall install temporary street name signs according to such conditions as the City Engineer may require. Such action shall not, however, relieve Subdivider of the obligation to install permanent street signs. 2. Acquisition and Dedication of Easements or Rights-of-Way. If any of the public improvement and land development work contemplated by this agreement is to be constructed or installed on land not owned by Subdivider, no construction or installation shall be commenced prior to: a. The offer of dedication to City of appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work; or b. The dedication to, and acceptance by City of appropriate rights-of-way, easements or other interests in real property, as determined by the City Engineer. c. The issuance by a court of competent jurisdiction, pursuant to the state eminent domain law, of an order of possession. Subdivider shall comply in all respects with the order of possession. d. Subdivider acknowledges their responsibility to comply with the requirements of Carlsbad Municipal Code Section 20.16.095 and acknowledges further that the City Engineer will not be in a position to process a final map without the timely submittal of information to obtain off-site property interests required for the construction of off-site improvements. Nothing in Paragraph 2 shall be construed as authorizing or granting an extension of time to Subdivider. 3. Security. Subdivider shall at all times guarantee Subdivider's performance of this agreement by furnishing to City, and by maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by City for the purposes and in the amounts as follows: a. To assure faithful performance of this agreement in regard to the improvements in an amount of 100% of the estimated costs of the improvements; and, b. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 50% of the estimated cost of the improvements; and, c. To guarantee or warranty the work done pursuant to this agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished in the additional amount of 25% of the estimated cost of the improvements. The Warranty Security shall be included with, and made a part of the faithful performance security until release of the faithful performance security as specified in Paragraph 5, 3 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&A\SUBDIVISION IMPROVEMENT AGREEMENT WITH MON.doc City Attorney Approved Version 01/25/13 June 20, 2023 Item #9 Page 11 of 42 Subsection a hereof; and, d. Subdivider shall also furnish to City good and sufficient security in the amount of 100% of the estimated cost of setting subdivision monuments as stated previously in this agreement to secure the setting of such monuments and all payments associated with the setting. The securities required by this agreement shall be kept on file with the City Clerk. The terms and conditions of the security documents referenced on Page 1 of this agreement are incorporated into this agreement. If any security is replaced by another City approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Guarantee or Warranty for One Year. In addition to any other remedy in law or equity, Subdivider shall guarantee or warranty the work done pursuant to this agreement for a period of one year after final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subdivider's Surety, and agrees to pay cost of such work by City. Should the City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs. City shall take all steps reasonably possible to notify Subdivider of such urgency, but failure to receive notification, shall not relieve the Subdivider or their surety from the obligation to pay for the entire cost of such urgency work. Notwithstanding any other provision of this agreement, securities for warranty work shall not be released until the warranty period has elapsed and Subdivider has completed all warranty work in a manner acceptable to the City. Not withstanding any other provision of this agreement, any warranty work performed must be warranted for the same warranty period and, in the same manner, as provided in this agreement for the original work. If warranty work is performed at any time, a new warranty will arise according to the terms of this agreement, and securities shall not be released until the new warranty period has elapsed and Subdivider has completed the work in a manner acceptable to the City. Notwithstanding any other provIsIon of this agreement, the City is not required to notify Subdivider during the warranty period for any claims under the warranty and Subdivider agrees to honor claims presented after the warranty period for claims which arose during the warranty period. Securities shall not be released if there are pending claims of any kind associated with the warranty work, including but not limited to, claims for labor and materials. 5. Release of Securities. The securities required by this agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work and after the expiration of the time limits for filing claims against the City, subject to the provisions of subsection 5 b hereof. Release is made provided that 25% of the original security amount given for Faithful Performance shall be retained as security for guarantee and warranty of the work performed. b. The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application by the 4 \\FILES01V\Departments\CED\LandDev\PROJECTS\Cl\CT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&A\SUBDIVISION IMPROVEMENT AGREEMENT WITH MON.doc City Attorney Approved Version 01/25/13 June 20, 2023 Item #9 Page 12 of 42 Subdivider; provided, however, that no such release shall be for an amount less than 25% of the total improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total improvement security given for faithful performance of the improvement work until final completion and acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to 125% of the total amounts claimed by all claimants for whom liens have been filed and of which notice has been given to the City, conditioned upon the payment of said claims together with costs of suit plus reasonable attorney's fees, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the security is to be released upon the settlement of all claims and obligations for which the security was given. d. The warranty period shall not commence until final acceptance of all work and improvements by the City Council, and no security given for the guarantee or warranty of work shall be released until the expiration of the warranty period as described in Section 4. e. Security given to secure the setting of subdivision monuments shall be released upon receipt by the City Engineer of written notice by the Subdivider, stating that monuments have been set in accordance with Subdivision Laws and upon receipt of evidence the Subdivider has paid the Engineer or Surveyor for the setting of subdivision monuments. f. The City may retain from any security released, an amount sufficient to cover costs, reasonable expenses, and fees, including reasonable attorneys' fees. 6. Inspection and Acceptance. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City inspectors and to the shops wherein any work is in preparation. Upon completion of the work the Subdivider shall request a final inspection by the City Engineer, or his/her authorized representative. If the City Engineer, or his/her authorized representative, determines that the work has been completed in accordance with this agreement, they shall certify the completion of the public improvements to the City Council. If the City Council determines that the improvements have been completed as required by this agreement, it shall accept the improvements within thirty days after the City Engineer certifies that the improvements have been completed. No improvements shall be accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards. Subdivider shall bear all costs of inspection and certification. 7. Final Acceptance of Work. Acceptance of the work on behalf of City shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. Such acceptance shall not constitute a waiver of defects by City, nor of the applicable statutes of limitation. 8. Alteration to Improvement Plans. a. Any changes, alterations or additions to the improvement plans and specifications or to the improvements which are mutually agreed upon by City and Subdivider, not exceeding 10% of the original estimated cost of the improvement or $50,000 whichever is less, shall not change the amount of security required under Section 3. In the event such changes, alterations, or additions exceed such amounts, Subdivider shall provide additional security as required by Paragraph 3 of this agreement based on the total estimated cost of the improvements as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 5 of this agreement. b. The Subdivider shall construct the improvements in accordance with the City standards in effect at the time of their construction. City reserves the right to modify the standards 5 \\FILES01V\Departments\CED\LandDev\PROJECTS\C1'CT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&A\SUBDIVISION IMPROVEMENT AGREEMENT WITH MON.doc City Attorney Approved Version 01/25/13 June 20, 2023 Item #9 Page 13 of 42 applicable to the Subdivision and this agreement, when necessary to protect the public safety or welfare or comply with applicable state or federal law or City zoning ordinances. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension. 9. Injury to Public Improvements, Public Property or Public Utility Facilities. Subdivider shall replace or repair all public improvements, public utilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this agreement, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency, district or political subdivision thereof or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval of, the City Engineer. 10. Injury to Work. Until such time as the improvements are accepted by City, Subdivider shall be responsible to bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this agreement are fully completed and accepted by City, Subdivider will be responsible for the care, operation of, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. 11. Default of Subdivider. a. Default of Subdivider shall include, but not be limited to, Subdivider's failure to timely commence construction of the improvements under this agreement; Subdivider's failure to timely complete construction of the improvements; Subdivider's failure to cure any defect in the improvements; Subdivider's failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within 30 days; the commencement of a foreclosure action against the Subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or Subdivider's failure to perform any other obligation under this agreement. b. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider's obligations under this agreement. In the event Subdivider fails to perform any of the terms or conditions of this agreement, the City will be damaged to the extent of the costs of installation of the improvements which Subdivider failed to install. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the Subdivision approval constitutes an adequate remedy for default of the Subdivider shall be reserved to the sole discretion of City. The City shall have the right, to draw upon or utilize the appropriate security to mitigate City's damages in event of default by Subdivider. The right of City to draw upon or utilize the security is additional to, and not in lieu of, any other remedy available to City. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, City's damages for Subdivider's default shall be measured by the actual cost to City of completing the required improvements. The sums provided by the improvement security may be used by City for the completion of the public improvements in accordance with the improvement plans and specifications contained herein. In the event of Subdivider's default under this agreement, Subdivider authorizes City to perform such obligation twenty (20) days after mailing written notice of default to Subdivider and to Subdivider's Surety, and agrees to pay the entire cost of such performance by City. City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's Surety shall be liable to City for any excess cost or damages occasioned thereby; and, in 6 \\FILES01V\Departments\CED\LandDev\PROJECTS\C1\CT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&A\SUBDIVISION IMPROVEMENT AGREEMENT WITH MON.doc City Attorney Approved Version 01/25/13 June 20, 2023 Item #9 Page 14 of 42 such event, City, without liability for so doing, may take possession of, and utilize in completing the work such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for performance of the work. Subdivider agrees not to remove such property from the site. c. Failure of Subdivider to comply with the terms of this agreement shall constitute consent to the filing by City of a notice of violation against all lots in Subdivision, or to rescind the approval or otherwise revert the Subdivision to acreage. d. In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in obtaining performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of City to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or any subsequent default of Subdivider. 12. Permits. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 13. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this agreement. 14. Other Agreements. Nothing contained in this agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers or developers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the City ordinances providing therefore, nor shall anything in this agreement commit City to any such apportionment. 15. Subdivider's Obligation to Warn Public During Construction. Until final acceptance of the improvements, Subdivider shall give good and adequate warning to the public for each and every dangerous condition present in improvements, whether brought to his or her attention by the City or otherwise, and will take all reasonable actions to protect the public from such dangerous conditions. 16. Vesting of Ownership. Upon acceptance of the work on behalf of City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this agreement shall vest in City. 17. Indemnity/Hold Harmless. The City or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, in the performance of this agreement. Subdivider further agrees to protect and hold harmless City, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omission of Subdivider, its agents or employees in the performance of this agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Said indemnification and agreement to hold harmless shall extend to injuries to persons, and damages to or taking of property, resulting from the design or construction of said subdivision, and the public improvements as provided herein, and, in addition, damage to adjacent property as a consequence of the drainage systems, streets and other public improvements. Acceptance by the City of the improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved improvements plans or map, regardless of any action or inaction taken by the City in approving the plans or map, unless the particular improvement design 7 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&A\SUBDIVISION IMPROVEMENT AGREEMENT WITH MON.doc City Attorney Approved Version 01/25/13 June 20, 2023 Item #9 Page 15 of 42 was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the improvements, the Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however Subdivider shall not be responsible for routine maintenance. Provision of this paragraph shall remain in full force and effect for ten years following the acceptance by the City of improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this agreement and that City shall not be liable for any nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. 18. Sale or Disposition of Subdivision. Sale or other disposition of this property will not relieve Subdivider from the obligations set forth herein. If Subdivider sells the property or any portion of the property within the subdivision to any other person, the Subdivider may request a novation of this agreement and a substitution of security. Upon approval of the novation by City and substitution of securities approved by City, the Subdivider may request a release or reduction of the securities required by this agreement. Nothing in the novation shall relieve the Subdivider of the obligations under Paragraph 17 for the work or improvement done by Subdivider. 19. Time is of the Essence. Time is of the essence in this agreement. 20. Time for Commencement of Work: Time Extensions. Subdivider shall commence substantial construction of the improvements required by this agreement not later than nine months prior to the time for completion. In the event good cause exists, as determined by the City Manager, the time for commencement of construction or completion of the improvements may be extended. The extension shall be made in writing executed by the City Manager. Any such extension may be granted without notice to Subdivider's Surety and shall in no way affect the validity of this agreement or release the Surety or Sureties from the obligations on any bond. A denial of extension may be appealed to the City Council within 10 days. Delay, other than delay in the commencement of work, resulting from an act of City, or by an act of God, which Subdivider could not have reasonably foreseen, or by storm or inclement weather which prohibits the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and which were not caused by or contributed to by Subdivider, shall constitute good cause for an extension. As a condition of such extension, the City Manager or City Council may require Subdivider to furnish new security guaranteeing performance of this agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 21. No Vesting of Rights. Performance by Subdivider of this agreement shall not be construed to vest Subdivider's right with respect to any change in any zoning or building law or ordinance. Ill Ill Ill 8 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&A\SUBDIVISION IMPROVEMENT AGREEMENT WITH MON.doc City Attorney Approved Version 01/25/13 June 20, 2023 Item #9 Page 16 of 42 22. Notices. All notices required or provided for under this agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this paragraph. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to City: Notice to Applicant: (760) 402-5021 {Print Phone Number Here) Notice to Surety: (Print Phone Number Here) City Engineer 1635 Faraday Avenue Carlsbad, CA 92008 Brian Sullivan 3758 Highland Drive Carlsbad.CA 92008 {Print Name and Address Here) Bsully59@hotmail.com (Print Email Address Here) ~reTec.. \~ura~~ (om.\)C\.n'j 3·1~\ cu(rl,nt)de.t '2.:n:, \.J. ~ l"("t't) St\o m'Rfa:, Ci'\ 92...\ o'S d melm«ll@. !Thlr\te,\coyp • aim (Printame and Address Here) {Print Email Address Here) 23. Severability. The provisions of this agreement are severable. If any portion of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 24. Captions. The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provision of this agreement. 25. Litigation or Arbitration. This agreement may be enforced by litigation or arbitration at City's election and in that event, the prevailing party shall be entitled to costs and reasonable attorney's fees in enforcing the terms of this agreement. 26. Incorporation of Recitals. The Recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Entire Agreement. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the City, the appropriate party shall be the City Manager. Ill Ill Ill Ill Ill Ill Ill 9 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&A\SUBDIVISION IMPROVEMENT AGREEMENT WITH MON.doc City Attorney Approved Version 01/25/13 June 20, 2023 Item #9 Page 17 of 42 r_J 1~ I-/ __ Executed by Subdivider this ;_, J day of o~ ,20 I 7 . SUBDIVIDER: Carlsbad Coastal Views, LLC, a California limited liability company By: By: Brian Sullivan (print name here) Manager (title and organization of signatory) (sign here) (print name here) (title and organization of signatory) CITY OF CARLSBAD, a municipal corporation of the State of California KEVIN CRAWFORD City Manager By: (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA BREWER City Attorney By:~ RQNKEMp Assistant City Attorney 10 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 16\CT 16-04 Coastal Carlsbad Views -Chua\B&A\SUBDIVISION IMPROVEMENT AGREEMENT WITH MON.doc City Attorney Approved Version 01/25/13 June 20, 2023 Item #9 Page 18 of 42 ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, arid not the truthfulness, accuracy, or validity of that document. State of California County of San Diego } } before me, Brittan --------~..,,,.,.~.,....,....,..,..,,.,..,,..._,..,..,.,,....,....,~_.,..,..,,..._----On 10/23/2017 personally appeared _B_n_·a_n_S_u_l_liv_a_n _________________ _ who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s·)Ci§Jare subscribed to the within instrument and acknowledged to me that ~he/they executed the same in@ier/their authorized capacity(ies), and that by ~er/their signature(s} on the instrument the person(s}, or the entity upon behalf of which the person(~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. seal. I a~...... iRITTANY ACEVES , ,. · Commission No. 2218230 i NOTARY PUBLIC -CALIFORNIA I . SAN DIEGO COUNTY ~ ~ _ Commisskffl Expi'es October 14, 2021 .~ (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary, wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed. should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date ___ _ CAPACITY CLAIMED BY THE SIGNER □ Individual (s) □ Corporate Officer (Title) □ Partner(s) □ Attorney-in-Fact □ Trustee(s) □ Other ________ _ 2015 Version www.NotaryClasses.com 800-873-9865 • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. June 20, 2023 Item #9 Page 19 of 42 "'" "EXHIBIT A" BONDING COST ESTIMATE FOR: IMPROVEMENT PLAN 11HIGHLAND VIEW HOMES" CT 16-04/CDP 16-21/HDP 16-01/PUD 16-03 DWG 504-3 RWO 2017-0397 PREPARED FOR: BRIAN SULLIVAN 3758 HIGHLAND DRIVE CARLSBAD, CA 92008 PLSA 2713 PREPARED BY: PASCO LARET SUITER & ASSOCJA TES 535 N. HIGHWAY IOI, SUITE A SOLANA BEACH, CA 92075 DATE: 8/25/17 RECEl'IED P 11 17 LAND DEVELOPMENT ENG!NEERING +-' C June 20, 2023 Item #9 Page 20 of 42 HIGHLAND VIEW HOMES GP DRAWING NO. 504-1 IMPROVEMENT PLAN BOND ESTIMATE WASTEWATER SEWER MANHOLE 8" PVC SEWER MAIN 4" SEWER LATERAL WATER FIRE HYDRANT ASSY 6" GATE VALVE l0"GATE VALVE 8" PVC WATER MAIN THRUST BLOCK ITEM 2" BLOW-OFF/MANUAL AIR RELEASE WATER SERVICE ( 1" W/ 1 "Xl" METER) CITY OF CARLSBAD QTY UNIT @ UNIT PRICE 4 EA @ $4,803.90 310 >/ LF @ $96.75 7 l,f EA @ $1,788.90 SUB TOTAL WASTEWATER== l 5% CONTINGENCIES= TOTAL= 1 ./ EA @ $5,800.00 4 EA @ $1,000.00 2 ✓ EA @ $2,850.00 415.,,. LF @ $74.24 52 J\i SF @ $253.75 7 EA @ $1,254.25 8 EA @ $2.478.00 SUB TOTAL WATER= 15% CONTINGENCIES== TOTAL= GRAND TOT AL= TOTAL $19,215.60 $29,992.50 $12,522.30 $61,730.40 $9,259.56 $70,989.96 $5,800.00 $4,000.00 $5,700.00 $30,809.60 $13,195.00 $8,779.75 $19,824.00 $88,108.35 $13,216.25 $101,324.60 $172,314.56 June 20, 2023 Item #9 Page 21 of 42 PASCO LARET July 8, 2017 City of Carlsbad Attn Engineering: RE: MONUMENT ESTIMATE FOR CT 16-04 To Whom It May Concern, RECORD COPY # 10(,wh-r Initial Date PLSA 2713 Please be advised that we anticipate the cost for setting final monuments for the above referenced project at $10,000 you may use this amount for the necessary security documents. If you have any questions regarding the above please feel free to contact me Sincerely, ~~f-' Gary D. Mellom, PLS 8537 Senior Land Surveyor Pasco Laret Suiter & Associates, Inc. Public Works Construction Management & Inspection 1635 Faraday Avenue  Carlsbad, CA 92008  442-339-2780 t | CMI@carlsbadca.gov March 20, 2023 Sent via Registered Mail Carlsbad Coastal Views, LLC c/o Brian Sullivan 3758 Highland Drive Carlsbad, CA 92008 Carlsbad Coastal Views, LLC c/o Brian Sullivan 3480 Don Lorenzo Dr., #T Carlsbad, CA 92010 CT 16-04 HIGHLAND VIEW HOMES | ROW2017-0397 | DWG 504-3 – FINAL PUNCH LIST COMPLETION 20 DAY NOTICE OF INTENT TO DECLARE DEFAULT, PURSUANT TO CARLSBAD MUNICIPAL CODE SECTION 20.16.100 You are hereby notified that adequate progress has not been made in completing the Final Punch List transmitted to Carlsbad Coastal Views, LLC on Feb. 27, 2023 (attached). This letter serves as formal notice that unless you complete all punch list work within twenty days after mailing of this notice, the project will be referred to the City Council for a formal determination of whether you are in default of Improvement Agreement number SAGT-17-342. As part of this determination, the City Council may cause the improvement security, or such portion thereof as is necessary to complete the work or act and any other obligations of the subdivider secured thereby, to be forfeited to the city (See Carlsbad Municipal Code Section 20.16.100). Item 1, submit final as-built drawings and complete as-built process; Item 2, execute the Secured Agreement Extension per the attached correspondence; Item 3, submit Monumentation Certification letter; Item 4, remove and replace cracked panel in concrete driveway at project entrance. Raise appurtenance to grade once concrete is placed; Item 5, 2” grind and cap pave area marked out in white paint. Raise valve cans and appurtenances to grade once paving is complete. The paving limits are marked in the street with white paint; and Item 6, repair damaged asphalt curb on Highland Drive at dry utility trench, all remain incomplete. The estimated cost of completing the required work is $70,000. Please contact your Project Inspector, Ali Luedtke, at 760-802-8779 at your earliest convenience to make necessary arrangements to conclude this matter. Exhibit 3 June 20, 2023 Item #9 Page 22 of 42 C cicyof Carlsbad Public Works Construction Management & Inspection 1635 Faraday Avenue  Carlsbad, CA 92008  442-339-2780 t | CMI@carlsbadca.gov Your immediate action is required. Sincerely, Valerie Airey Municipal Projects Manager c: SureTec Insurance Company 3131 Camino del Rio N., Ste. 1450 San Diego, CA 92108 BOND # 4401401 & 4401402 City Attorney Project Inspector, Ali Luedtke Senior Contract Administrator, Jennifer Chapman Cynthia.Vincent@Markel.com steve@coasterracapital.com File Carlsbad Coastal Views, LLC March 20, 2023 Page 2 June 20, 2023 Item #9 Page 23 of 42 C cicyof Carlsbad Public Works Construction Management & Inspection 1635 Faraday Avenue  Carlsbad, CA 92008  442-339-2780 t | CMI@carlsbadca.gov Feb. 27, 2023 Carlsbad Coastal Views, LLC 3758 Highland Drive Carlsbad, CA 92008 CT 16-04 HIGHLAND VIEW HOMES | ROW2017-0397 | DWG 504-3 – FINAL PUNCH LIST Attached please find the Final Punch List for the subject project, SAGT-17-342. It represents a compilation of items of work which are necessary to complete the project. All punch list work must be completed within 20 days after the mailing of this letter. Failure to complete this work within this time period will be cause for the city to exercise its rights under the agreement to complete the work. Once this punch list is completed and signed-off by your inspector (or if all items on the attached punch list are already marked as complete), the city will begin the formal process of accepting the project and recording a notice of completion (NOC). Once the NOC records, your faithful performance security will be reduced, and you will begin your one-year warranty period. Please note that a valid (not expired) agreement must be in place during your one-year warranty period. Please contact your Project Inspector, Ali Luedtke, at 760-802-8779 at your earliest convenience in order to review the list and your work schedule to complete same. Thank you for your prompt attention to this matter. Sincerely, Valerie Airey Municipal Projects Manager c: SureTec Insurance Company 3131 Camino del Rio N., Ste. 1450 San Diego, CA 92108 BOND # 4401401 & 4401402 Project Inspector, Ali Leudtke Senior Contract Administrator, Jennifer Chapman Cynthia.Vincent@Markel.com steve@coasterracapital.com File June 20, 2023 Item #9 Page 24 of 42 C cicyof Carlsbad FINAL PUNCH LIST CT 16-04 HIGHLAND VIEW HOMES DWG 504-3 FINAL PL – CT 16-04 / HIGHLAND VIEW HOMES, DWG 504-3 1. Submit final as-built drawings and complete as-built process. Date complete: 2. Execute the Secured Agreement Extension per the attached correspondence. Date complete: 3. Submit Monumentation Certification letter. 4. Remove and replace cracked panel in concrete driveway at project entrance. Raise appurtenance to grade once concrete is placed. 5. 2” Grind and cap pave area marked out in white paint. Raise valve cans and appurtenances to grade once paving is complete. The paving limits are marked in the street with white paint. 6. Repair damaged asphalt curb on Highland Drive at dry utility trench. Note: You are reminded that you are responsible for any damages caused by your forces in prosecuting the remedial work. In-progress inspection is required during all work. A right-of-way permit will be required prior to starting work. Final Punch List Complete: ____________________ (Date) Approved by: _______________________________ (Project Inspector) Approved by: _______________________________ (Municipal Projects Manager) June 20, 2023 Item #9 Page 25 of 42 □ □ Public Works Construction Management & Inspection 1635 Faraday Ave  Carlsbad, CA 92008  442-339-2780 t | CMI@carlsbadca.gov Feb. 27, 2023 Carlsbad Coastal Views, LLC 3758 Highland Drive Carlsbad, CA 92008 CT 16-04 HIGHLAND VIEW HOMES | ROW2017-0397 | DWG 504-3 – DEADLINE DATE EXPIRATION NOTICE Carlsbad Coastal Views, LLC is hereby notified that all work, including punch list and the warranty period, required to be complete by Oct. 31, 2020, pursuant to Improvement Agreement No. SAGT-17-342 has not been completed. This letter serves as formal notice that if you fail to execute the attached Improvement Agreement extension, the city will exercise its rights under the agreement and cause the work to be completed through demand on existing securities or any other remedies at hand. An extension fee of $415.00 is required with the return of the attached document; please pay attached invoice #00116705 at Online Payment. If the attached extension and payment are not received in a timely manner, this case will then be referred to the City Attorney for further action. Please sign, date, and attach notary acknowledgments as well as the proper signature authorization. Signature requirements are listed on page 3 below the signature lines. Return the original extension document (along with the proper signature authorization) and receipt for the paid extension fee to: Laureen Ryan City of Carlsbad/Community Development 1635 Faraday Ave. Carlsbad, CA 92008 Please note that a valid agreement is required by the city during your one-year warranty phase after the completion of the project and recordation of the Notice of Completion. Sincerely, Jennifer Chapman Senior Contract Administrator c: Project Inspector, Ali Luedtke Senior Management Analyst, Laureen Ryan Senior Office Specialist, Amber Dan June 20, 2023 Item #9 Page 26 of 42 {'city of Carlsbad INVOICE (00116705) BILLING CONTACT BRIAN SULLIVAN 3758 Highland Dr Carlsbad, Ca 92008 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00116705 02/27/2023 03/29/2023 Improvement Agreement Extension through 10/31/24 Due REFERENCE NUMBER FEE NAME TOTAL ROW2017-0397 SECURED AGREEMENT PROC. EXTENSION $415.00 $415.00 SUB TOTAL3794 Highland Dr Carlsbad, CA 92008-2533 TOTAL $415.00 ▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌ Page 1 of 1February 27, 2023 10:22 am City of Carlsbad ï 1635 Faraday Ave, Carlsbad, CA 92008-7314 ï www.carlsbadca.govJune 20, 2023 Item #9 Page 27 of 42 {'city of Carlsbad 1 Q:\Public Works\Transportation\CM&I\A PRIVATE DEVELOPMENT\CT\CT 16-04 GR2017-0031 Highland View Homes CITY OF CARLSBAD SUBDIVISION IMPROVEMENT AGREEMENT DEADLINE EXTENSION WITH MONUMENTATION CT 16-04 DATE OF THIS EXTENSION AGREEMENT: DATE OF ORIGINAL IMPROVEMENT AGREEMENT: Nov. 30, 2017 NAME OF SUBDIVIDER: Carlsbad Coastal Views, LLC a California limited liability company (referred to as “SUBDIVIDER”) NAME OF SUBDIVISION: Highland View Homes IMPROVEMENT DRAWING NO: DWG 504-3 ESTIMATED TOTAL COST OF IMPROVEMENTS: $172,300.00 ESTIMATED TOTAL COST OF MONUMENTATION: $10,000.00 SURETY/FINANCIAL INSTITUTION: SureTec Insurance Company ADDRESS OF SURETY INSTITUTION: 3131 Camino del Rio N., Ste. 1450 San Diego, CA 92108 SECURITY FORM: Surety Bond SECURITY ID NO(S): 4401401 & 4401402 This agreement to extend the deadline of the above referenced improvement agreement is made and entered into by and between the City of Carlsbad, a Municipal Corporation of the State of California, hereinafter referred to as City, and the Developer/Subdivider. RECITALS WHEREAS, Developer/Subdivider has entered into an improvement agreement with City to install and complete, at Developer's/Subdivider’s own expense, all the public improvement work required by City relating to approval and issuance of discretionary and ministerial entitlement(s); and WHEREAS, Developer/Subdivider desires an extension of time to complete and install the improvements listed below and good cause has been demonstrated; ROW2017-0397 SAGT-17-342 June 20, 2023 Item #9 Page 28 of 42 2 Q:\Public Works\Transportation\CM&I\A PRIVATE DEVELOPMENT\CT\CT 16-04 GR2017-0031 Highland View Homes NOW, THEREFORE, it is hereby agreed by City and Developer/Subdivider as follows: 1. That the existing deadline dates for said improvement agreement are hereby extended as follows: IMPROVEMENT NEW DEADLINE DATE Public water, sewer mains and appurtenances 10/31/2024 2. That the originally approved improvement plans will be submitted by the Developer/Subdivider to the City Engineer for review and updating to current standards. All fees associated with the review shall be paid by Developer/Subdivider. Developer/Subdivider shall install the improvements as specified in the updated plans. 3. At the time of review in Item 2, the City Engineer will determine the need for any increase in improvement securities to reflect current construction costs. The Developer/Subdivider shall provide City with new securities at Developer’s/Subdivider’s cost as directed and in the amount and form approved by City. 4. All other terms and conditions of said improvement agreement shall remain the same. /// /// /// /// /// /// /// June 20, 2023 Item #9 Page 29 of 42 3 Q:\Public Works\Transportation\CM&I\A PRIVATE DEVELOPMENT\CT\CT 16-04 GR2017-0031 Highland View Homes Executed by Subdivider this ______ day of ______________, 20____. SUBDIVIDER: CITY OF CARLSBAD, a municipal corporation of the State of California Carlsbad Coastal Views, LLC, a California limited liability company SCOTT CHADWICK City Manager By: By: ____________________________ JASON GELDERT, P.E. By: City Engineer (SIGN HERE) (print name here) (title and organization of signatory) By: (SIGN HERE) (print name here) (title and organization of signatory) Proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B. Chairman of the board Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. MCMAHON, City Attorney By: _____________________________ Deputy City Attorney June 20, 2023 Item #9 Page 30 of 42 4 Q:\Public Works\Transportation\CM&I\A PRIVATE DEVELOPMENT\CT\CT 16-04 GR2017-0031 Highland View Homes June 20, 2023 Item #9 Page 31 of 42 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 1111111111111111111111111111111111101111111111■1111111111111111 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of _____________ _ On ____________ before me, _____________________ _ Date Here Insert Name and Title of the Officer personally appeared -------------------------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________ _ Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ 114 ■IA 1■111111 IN JSIIA A A A llUl IQ AA ©2019 National Notary Association 5 Q:\Public Works\Transportation\CM&I\A PRIVATE DEVELOPMENT\CT\CT 16-04 GR2017-0031 Highland View Homes June 20, 2023 Item #9 Page 32 of 42 California Acknowledgment The acknowledgment wording in this certificate is mandatory for all acknowledgments notariZed and filed or recorded in California, whether the acknowledger is signing as an individual or a representative (partner, corporate officer, attorney in fact, trustee, etc.). State law requires the certificate wording to be used exactly as it appears in statute. that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law· (Civil Code Section 1189[ c]). Law permits California Notaries to use an out-of-state acknowledgment form on a document that will be filed in that other state or U.S. jurisdiction, but only if "the form does not require the Notary to determine or certify The optional section at the bottom can deter alteration of the document or fra udulent reattachment of this form to an unintended document. The insertions in this section are not required by law. Failure to fill out this section will not affect the validity of the certificate. Instructions: 0 NAME OF COUNTY where Notary performs notarization. 8 DATE OF NOTARIZATION. Actual month, day and year in which signer(s) appear(s) before Notary. 0 NAME AND TITLE OF NOTARIZING OFFICER. In the case of a Notary,"Notary Public" would be the title. 0 NAME(S) OF SIGNER(S) appearing before Notary. Initials and spelling of name(s) should agree with name(s) signed on document and ID card. Line through any remaining space. 0 SIGNATURE OF NOTARY exact~ as name appears on commissioning papers, in space 3 and in seal. 0 NOTARY SEAL IMPRINT, clearly and legib~ affixed. Be sure to affix your seal so it does not protrude into certificate margin. SPACES 7-14 ARE OPTIONAL. Omission of information here will not affect the document's validity However, completing these spaces can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 0 TITLE OR TYPE OF DOCUMENT notarized, such as "Grant Deed." 0 DATE OF DOCUMENT notarized. Most but not al l documents will have a date, usual~ at the top or following the signature. If none, insert "No Date." 0 NUMBER OF PAGES in the notarized document. This may point out fraudulent addition or removal of pages. Do not count the certificate as a page. However, the certificate will be regarded as a page by recording officials in assessing recording fees. • ..,.,,.,11, ............ __,.,,..:.~...-.......... .,, ................ aa;- r,wl,ti Ui:.cQl!ka1.1 umcl,;d,.ud .:.11,Q1rnl,f11N.s.acma.c,.01-.&!i::lir,,Cf 'la1do::1""'l wh::t po,,,;,:!'° rflQOO tho b!lsiSol SSmac\:::lri' ~ '° bQ ffiQ p,;,rs,;:,n(sj wtw::8'o reamQ(st l!;lai;, Sllbscrhrl:I 10d'Klwlhllif'IStlllf'llQ!ltand!IC~IOlrlQthat~<KICl.lt"'1thi.tS!lmctllh4/IIQll'll'IQir airthor;mdai~~andtl\atti,,hiS/hefltlla¥sOriallfil($onthamtruman1thap,nor(•orthagn(;t)' up::,r,behalfof""'icilthaPE!f,:,r(5)~0il0liiClltedthain::trument OIG. ..;::..~.-I i c..:!t,-;~! t ..,.._,,_~_,l,.nxt ICQrtiY IXlOQl"PENAI.TYOFPERJLRY uOOQftha bwsoftha~tQo(C,it::,m~thal:lha~ p,,~~hiStnJe~ndo::,rrQCt. WITN~nlfhandandolfCBl,....J sooa1utlil P.u'R. 9-0 Jb:,,o~S.O,-S.Cr19-sgarn ... o11vu,yAJ1fr e20GNoboni0ll>b....,,,t,Hocil,t<>n OPTIONAL -------~ NATIONAL NOTARY AsSOCIATION 4li) SIGNER(S) OTHER THAN NAMED IN SPACE 4. Since all signers might not be named on the same notarial certificate, insert name(s) of signer(s) here that appear(s) or will appear on other certificates -as many as space allows. If there are a large number of signers, a notation such as "Mary Smith and 28 other signers· will suffice. If none, insert ·no other signers." G) NAME(S) OF SIGNER(S) from space 4 whose capacity and represented entity follow. 4!) CAPACITY CLAIMED BY SIGNER. Check appropriate box to indicate whether signer is signing as individual (on his or her own behalD, or as corporate officer (indicate corporate title), partner (indicate whether "limited" or "general" partner), attorney in fact, trustee, guardian/conservator, or in another capacity. a) DESCRIPTION OF OTHER CAPACITY(IES). A single capacity, such as "executor,· may be indicated here; or a multiple capacity, such as ·corporate officer signing for partnership in which corporation is partner." 4D NAME OF PERSON OR LEGAL ENTITY that signer is representing. It could, for example, be the name of an absent person represented by attorney in fact. It could be the name of a condominium association, such as "Blue Lagoon Condo Assn." Or it could be multiple entities, such as "XYZ Corp., partner in Mutual Enterprises, a partnership." 9350 De Soto Ave., Chatsworth, CA 91311-4926 I 1-800-876-6827 I NationalNotary.org e.2019 National Notary Association Item #05907 Public Works Construction Management & Inspection 1635 Faraday Avenue  Carlsbad, CA 92008  442-339-2780 t | CMI@carlsbadca.gov Feb. 27, 2023 Carlsbad Coastal Views, LLC 3758 Highland Drive Carlsbad, CA 92008 CT 16-04 HIGHLAND VIEW HOMES | ROW2017-0397 | DWG 504-3 – FINAL PUNCH LIST Attached please find the Final Punch List for the subject project, SAGT-17-342. It represents a compilation of items of work which are necessary to complete the project. All punch list work must be completed within 20 days after the mailing of this letter. Failure to complete this work within this time period will be cause for the city to exercise its rights under the agreement to complete the work. Once this punch list is completed and signed-off by your inspector (or if all items on the attached punch list are already marked as complete), the city will begin the formal process of accepting the project and recording a notice of completion (NOC). Once the NOC records, your faithful performance security will be reduced, and you will begin your one-year warranty period. Please note that a valid (not expired) agreement must be in place during your one-year warranty period. Please contact your Project Inspector, Ali Luedtke, at 760-802-8779 at your earliest convenience in order to review the list and your work schedule to complete same. Thank you for your prompt attention to this matter. Sincerely, Valerie Airey Municipal Projects Manager c: SureTec Insurance Company 3131 Camino del Rio N., Ste. 1450 San Diego, CA 92108 BOND # 4401401 & 4401402 Project Inspector, Ali Leudtke Senior Contract Administrator, Jennifer Chapman Cynthia.Vincent@Markel.com steve@coasterracapital.com File Exhibit 4 June 20, 2023 Item #9 Page 33 of 42 C cicyof Carlsbad FINAL PUNCH LIST CT 16-04 HIGHLAND VIEW HOMES DWG 504-3 FINAL PL – CT 16-04 / HIGHLAND VIEW HOMES, DWG 504-3 1. Submit final as-built drawings and complete as-built process. Date complete: 2. Execute the Secured Agreement Extension per the attached correspondence. Date complete: 3. Submit Monumentation Certification letter. 4. Remove and replace cracked panel in concrete driveway at project entrance. Raise appurtenance to grade once concrete is placed. 5. 2” Grind and cap pave area marked out in white paint. Raise valve cans and appurtenances to grade once paving is complete. The paving limits are marked in the street with white paint. 6. Repair damaged asphalt curb on Highland Drive at dry utility trench. Note: You are reminded that you are responsible for any damages caused by your forces in prosecuting the remedial work. In-progress inspection is required during all work. A right-of-way permit will be required prior to starting work. Final Punch List Complete: ____________________ (Date) Approved by: _______________________________ (Project Inspector) Approved by: _______________________________ (Municipal Projects Manager) June 20, 2023 Item #9 Page 34 of 42 □ □ Public Works Construction Management & Inspection 1635 Faraday Ave  Carlsbad, CA 92008  442-339-2780 t | CMI@carlsbadca.gov Feb. 27, 2023 Carlsbad Coastal Views, LLC 3758 Highland Drive Carlsbad, CA 92008 CT 16-04 HIGHLAND VIEW HOMES | ROW2017-0397 | DWG 504-3 – DEADLINE DATE EXPIRATION NOTICE Carlsbad Coastal Views, LLC is hereby notified that all work, including punch list and the warranty period, required to be complete by Oct. 31, 2020, pursuant to Improvement Agreement No. SAGT-17-342 has not been completed. This letter serves as formal notice that if you fail to execute the attached Improvement Agreement extension, the city will exercise its rights under the agreement and cause the work to be completed through demand on existing securities or any other remedies at hand. An extension fee of $415.00 is required with the return of the attached document; please pay attached invoice #00116705 at Online Payment. If the attached extension and payment are not received in a timely manner, this case will then be referred to the City Attorney for further action. Please sign, date, and attach notary acknowledgments as well as the proper signature authorization. Signature requirements are listed on page 3 below the signature lines. Return the original extension document (along with the proper signature authorization) and receipt for the paid extension fee to: Laureen Ryan City of Carlsbad/Community Development 1635 Faraday Ave. Carlsbad, CA 92008 Please note that a valid agreement is required by the city during your one-year warranty phase after the completion of the project and recordation of the Notice of Completion. Sincerely, Jennifer Chapman Senior Contract Administrator c: Project Inspector, Ali Luedtke Senior Management Analyst, Laureen Ryan Senior Office Specialist, Amber Dan June 20, 2023 Item #9 Page 35 of 42 {'city of Carlsbad INVOICE (00116705) BILLING CONTACT BRIAN SULLIVAN 3758 Highland Dr Carlsbad, Ca 92008 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00116705 02/27/2023 03/29/2023 Improvement Agreement Extension through 10/31/24 Due REFERENCE NUMBER FEE NAME TOTAL ROW2017-0397 SECURED AGREEMENT PROC. EXTENSION $415.00 $415.00 SUB TOTAL3794 Highland Dr Carlsbad, CA 92008-2533 TOTAL $415.00 ▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌▌ ▌█▌█▌▌█▌▌█▌▌ ▌▌█▌▌█▌ ▌▌▌ █▌▌█▌▌▌ █▌█▌▌▌▌ █▌█▌▌█▌▌ ▌▌█▌█▌▌ ▌▌█▌▌█▌ █▌▌▌▌▌ ▌█▌█▌▌▌ █▌█▌▌█▌▌ █▌▌▌▌ ▌█▌█▌▌ Page 1 of 1February 27, 2023 10:22 am City of Carlsbad ï 1635 Faraday Ave, Carlsbad, CA 92008-7314 ï www.carlsbadca.govJune 20, 2023 Item #9 Page 36 of 42 {'city of Carlsbad 1 Q:\Public Works\Transportation\CM&I\A PRIVATE DEVELOPMENT\CT\CT 16-04 GR2017-0031 Highland View Homes CITY OF CARLSBAD SUBDIVISION IMPROVEMENT AGREEMENT DEADLINE EXTENSION WITH MONUMENTATION CT 16-04 DATE OF THIS EXTENSION AGREEMENT: DATE OF ORIGINAL IMPROVEMENT AGREEMENT: Nov. 30, 2017 NAME OF SUBDIVIDER: Carlsbad Coastal Views, LLC a California limited liability company (referred to as “SUBDIVIDER”) NAME OF SUBDIVISION: Highland View Homes IMPROVEMENT DRAWING NO: DWG 504-3 ESTIMATED TOTAL COST OF IMPROVEMENTS: $172,300.00 ESTIMATED TOTAL COST OF MONUMENTATION: $10,000.00 SURETY/FINANCIAL INSTITUTION: SureTec Insurance Company ADDRESS OF SURETY INSTITUTION: 3131 Camino del Rio N., Ste. 1450 San Diego, CA 92108 SECURITY FORM: Surety Bond SECURITY ID NO(S): 4401401 & 4401402 This agreement to extend the deadline of the above referenced improvement agreement is made and entered into by and between the City of Carlsbad, a Municipal Corporation of the State of California, hereinafter referred to as City, and the Developer/Subdivider. RECITALS WHEREAS, Developer/Subdivider has entered into an improvement agreement with City to install and complete, at Developer's/Subdivider’s own expense, all the public improvement work required by City relating to approval and issuance of discretionary and ministerial entitlement(s); and WHEREAS, Developer/Subdivider desires an extension of time to complete and install the improvements listed below and good cause has been demonstrated; ROW2017-0397 SAGT-17-342 June 20, 2023 Item #9 Page 37 of 42 2 Q:\Public Works\Transportation\CM&I\A PRIVATE DEVELOPMENT\CT\CT 16-04 GR2017-0031 Highland View Homes NOW, THEREFORE, it is hereby agreed by City and Developer/Subdivider as follows: 1. That the existing deadline dates for said improvement agreement are hereby extended as follows: IMPROVEMENT NEW DEADLINE DATE Public water, sewer mains and appurtenances 10/31/2024 2. That the originally approved improvement plans will be submitted by the Developer/Subdivider to the City Engineer for review and updating to current standards. All fees associated with the review shall be paid by Developer/Subdivider. Developer/Subdivider shall install the improvements as specified in the updated plans. 3. At the time of review in Item 2, the City Engineer will determine the need for any increase in improvement securities to reflect current construction costs. The Developer/Subdivider shall provide City with new securities at Developer’s/Subdivider’s cost as directed and in the amount and form approved by City. 4. All other terms and conditions of said improvement agreement shall remain the same. /// /// /// /// /// /// /// June 20, 2023 Item #9 Page 38 of 42 3 Q:\Public Works\Transportation\CM&I\A PRIVATE DEVELOPMENT\CT\CT 16-04 GR2017-0031 Highland View Homes Executed by Subdivider this ______ day of ______________, 20____. SUBDIVIDER: CITY OF CARLSBAD, a municipal corporation of the State of California Carlsbad Coastal Views, LLC, a California limited liability company SCOTT CHADWICK City Manager By: By: ____________________________ JASON GELDERT, P.E. By: City Engineer (SIGN HERE) (print name here) (title and organization of signatory) By: (SIGN HERE) (print name here) (title and organization of signatory) Proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B. Chairman of the board Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. MCMAHON, City Attorney By: _____________________________ Deputy City Attorney June 20, 2023 Item #9 Page 39 of 42 4 Q:\Public Works\Transportation\CM&I\A PRIVATE DEVELOPMENT\CT\CT 16-04 GR2017-0031 Highland View Homes June 20, 2023 Item #9 Page 40 of 42 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 1111111111111111111111111111111111101111111111■1111111111111111 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of _____________ _ On ____________ before me, _____________________ _ Date Here Insert Name and Title of the Officer personally appeared -------------------------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _______________ _ Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ 114 ■IA 1■111111 IN JSIIA A A A llUl IQ AA ©2019 National Notary Association 5 Q:\Public Works\Transportation\CM&I\A PRIVATE DEVELOPMENT\CT\CT 16-04 GR2017-0031 Highland View Homes June 20, 2023 Item #9 Page 41 of 42 California Acknowledgment The acknowledgment wording in this certificate is mandatory for all acknowledgments notariZed and filed or recorded in California, whether the acknowledger is signing as an individual or a representative (partner, corporate officer, attorney in fact, trustee, etc.). State law requires the certificate wording to be used exactly as it appears in statute. that the signer holds a particular representative capacity or to make other determinations and certifications not allowed by California law· (Civil Code Section 1189[ c]). Law permits California Notaries to use an out-of-state acknowledgment form on a document that will be filed in that other state or U.S. jurisdiction, but only if "the form does not require the Notary to determine or certify The optional section at the bottom can deter alteration of the document or fra udulent reattachment of this form to an unintended document. The insertions in this section are not required by law. Failure to fill out this section will not affect the validity of the certificate. Instructions: 0 NAME OF COUNTY where Notary performs notarization. 8 DATE OF NOTARIZATION. Actual month, day and year in which signer(s) appear(s) before Notary. 0 NAME AND TITLE OF NOTARIZING OFFICER. In the case of a Notary,"Notary Public" would be the title. 0 NAME(S) OF SIGNER(S) appearing before Notary. Initials and spelling of name(s) should agree with name(s) signed on document and ID card. Line through any remaining space. 0 SIGNATURE OF NOTARY exact~ as name appears on commissioning papers, in space 3 and in seal. 0 NOTARY SEAL IMPRINT, clearly and legib~ affixed. Be sure to affix your seal so it does not protrude into certificate margin. SPACES 7-14 ARE OPTIONAL. Omission of information here will not affect the document's validity However, completing these spaces can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 0 TITLE OR TYPE OF DOCUMENT notarized, such as "Grant Deed." 0 DATE OF DOCUMENT notarized. Most but not al l documents will have a date, usual~ at the top or following the signature. If none, insert "No Date." 0 NUMBER OF PAGES in the notarized document. This may point out fraudulent addition or removal of pages. Do not count the certificate as a page. However, the certificate will be regarded as a page by recording officials in assessing recording fees. • ..,.,,.,11, ............ __,.,,..:.~...-.......... .,, ................ aa;- r,wl,ti Ui:.cQl!ka1.1 umcl,;d,.ud .:.11,Q1rnl,f11N.s.acma.c,.01-.&!i::lir,,Cf 'la1do::1""'l wh::t po,,,;,:!'° rflQOO tho b!lsiSol SSmac\:::lri' ~ '° bQ ffiQ p,;,rs,;:,n(sj wtw::8'o reamQ(st l!;lai;, Sllbscrhrl:I 10d'Klwlhllif'IStlllf'llQ!ltand!IC~IOlrlQthat~<KICl.lt"'1thi.tS!lmctllh4/IIQll'll'IQir airthor;mdai~~andtl\atti,,hiS/hefltlla¥sOriallfil($onthamtruman1thap,nor(•orthagn(;t)' up::,r,behalfof""'icilthaPE!f,:,r(5)~0il0liiClltedthain::trument OIG. ..;::..~.-I i c..:!t,-;~! t ..,.._,,_~_,l,.nxt ICQrtiY IXlOQl"PENAI.TYOFPERJLRY uOOQftha bwsoftha~tQo(C,it::,m~thal:lha~ p,,~~hiStnJe~ndo::,rrQCt. WITN~nlfhandandolfCBl,....J sooa1utlil P.u'R. 9-0 Jb:,,o~S.O,-S.Cr19-sgarn ... o11vu,yAJ1fr e20GNoboni0ll>b....,,,t,Hocil,t<>n OPTIONAL -------~ NATIONAL NOTARY AsSOCIATION 4li) SIGNER(S) OTHER THAN NAMED IN SPACE 4. Since all signers might not be named on the same notarial certificate, insert name(s) of signer(s) here that appear(s) or will appear on other certificates -as many as space allows. If there are a large number of signers, a notation such as "Mary Smith and 28 other signers· will suffice. If none, insert ·no other signers." G) NAME(S) OF SIGNER(S) from space 4 whose capacity and represented entity follow. 4!) CAPACITY CLAIMED BY SIGNER. Check appropriate box to indicate whether signer is signing as individual (on his or her own behalD, or as corporate officer (indicate corporate title), partner (indicate whether "limited" or "general" partner), attorney in fact, trustee, guardian/conservator, or in another capacity. a) DESCRIPTION OF OTHER CAPACITY(IES). A single capacity, such as "executor,· may be indicated here; or a multiple capacity, such as ·corporate officer signing for partnership in which corporation is partner." 4D NAME OF PERSON OR LEGAL ENTITY that signer is representing. It could, for example, be the name of an absent person represented by attorney in fact. It could be the name of a condominium association, such as "Blue Lagoon Condo Assn." Or it could be multiple entities, such as "XYZ Corp., partner in Mutual Enterprises, a partnership." 9350 De Soto Ave., Chatsworth, CA 91311-4926 I 1-800-876-6827 I NationalNotary.org e.2019 National Notary Association Item #05907 H I G H L A N D D R MAGNO L I A A V Y V E T T E W Y TAMAR A C K A V PRIVAT E D Y PLO TTED BY: Andy C hang PLO T DATE: 5/17 /2023 PATH: Z:\Babaq_Taj\Highland View Home s\LocationMap.mxd PROJECT NAME EXHIBITPROJECT NUMBER CT 16-04 5Highland View Homes SITE LOCATION MAP CARLSBAD VISTA SAN MARCOS ENCINITAS OCEANSIDE Vicinity Map SITE Exhibit 5 June 20, 2023 Item #9 Page 42 of 42