HomeMy WebLinkAboutCT 90-15-02; AVIARA PA 24 UNIT 2; Engineering Application~----------------------__ ----------------------~--~--__ .r------------------~------------------V
STEWAR'T TITLE
GUARANTY COMPANY
Subdivision ,Guarantee
Issued for the benefit and protection of the County of
within which said subdivision is located.
SAN ntEGO
No. 10-110121
Fee: $1,000.00
Subdivision.,Map of AVIARA P .A.
Tract No. ~8:EIT #2 .
Consisting of 6 Sheet {s}
and of any City
After an examination of the Public Records which, under the recording laws, impart constructive notice of matters .
affecting the title to the land hereinafter described, .
STEWART TITLE
GUARANTY COMPANY
a corporation, of Galveston, Te?(as,
hereb, guarantees, for the benefit of said county and city. In a sum not to exceed $1,000.00, that-as shown by
said'records the only parties having any record title interest in said land, and whose sigtlatures are necessary, tInder
the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of the Subdivision
Map of said land and offering for dedication any streets, roads, avenues and other easements offered for dedication
by said Subdivision Map are:
SEE ATTACHED
The Tract hereinbefore referred to is a subdivision oflands described as:
SEE ATTACHED
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused it corporate n'ame and seal to be affixed.
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2772 SG
STEWART TITLE,
~
President
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10-110121
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF SECTION 27 TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF,
AS SHOWN ON RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1986 AS
FILE NO. 86-494180 OF OFFICIAL RECORDS, MORE PA~TICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27, AS
SHOWN ON SAID RECORD OF SURVEY MAP NO. 10774; THENCE ALONG THE
NORTH LINE THEREOF NORTH 86°58'35" WEST 659.34 FEET (RECORD
NORTH 86°58 1 38" WEST, 659.33 FEET) TO THE NORTHWEST CORNER OF
THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 27; THENCE ALONG THE WEST LINE OF SA!.)) EAST
HALF, SOUTH 0'07'05" WEST (RECORD SOUTH 0°06'50" WEST) 366.63
FEET; THENCE LEAVING SAID WEST LINE NORTH 48°17'47" WEST 38.01
FEET; THENCE SOUTH 76°10'03" WEST 157.28 FEET; THENCE NORTH
13°49'57" WEST 4.11 FEET; THENCE SOUTH 76"10'03" WEST 60.00 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 13"49'57" EAST
49.10 FEET TO THE BEGINNING OF A TANGENT 750.00 FOOT RADIUS
CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE 232.64
FEET THROUGH A CENTRAL ANGLE OF 17'46'20"; THENCE TANGENT TO
SAID CURVE SOUTH 3"56'23" WEST 39.89 FEET; THENCE NORTH
86"03'37" WEST 121.42 FEET; THENCE SOUTH 31°40'20" WEST 59.66
FEET; THENCE SOUTH 30°06'25" EAST 52.13 FEET; THENCE SOUTH
12"04'11" WEST 70.71 FEET; THENCE SOUTH 6"23'38" WEST 70.06
FEET; THENCE SOUTH 0"37'15" WEST 58.20 FEET; THENCE SOUTH
15°45'46" WEST 123.98 FEET; THENCE SOUTH 13°43'43" WEST 245.89
FEET TO A POINT ON THE NORTHERLY LINE OF ALGA ROAD AS DESCRIBED
IN THAT CERTAIN EASEMENT DEED TO THE CITY OF CARLSBAD, RECORDED
JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS; THENCE
ALONG SAID NORTijERLY LINE NORTH 86"55'00" WEST 335.00 FEET TO
THE BEGINNING OF A TANGENT 799.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE WESTERLY AND NORTHWESTERLY ALONG SAlD
CURVE 927.77 FEET THROUGH A CENTRAL ANGLE OF 66°31'48" TO A
POINT, A RADIAL LINE TO SAID POINT BEARS SOUTH 69°36'48" WEST,
SAID POINT ALSO BEING THE BEGINNING OF A 25.00 FOOT RADIUS
COMPOUND CURVE CONCAV~ EASTERLY; THENCE LEAVING THE NORTHERLY
LINE OF SAID ALGA ROAD AND ALONG SAID 25.00 FOOT RADIUS CURVE
42.28 FEET THROUGH A CENTRAL ANGLE OF 96 ° 53' 20'i; THENCE TANGENT
TO SAID CURVE NORTH 76°30'08" EAST 72.64 FEET TO THE BEGINNING
-1-
-e
10-110121
OF A TANGENT 375.00 FOOT RADIUS CURVE CONC~VE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG SAID CURVE 235.38 FEET THROUGH A
CENTRAL ANGLE OF 35°57 1 47 11 ; THENCE TANGEN'r TO SAID CURVE NORTH
40· 32' 2111 EAST 102.00 FEET TO THE BEGINNING OF A TANGENT .440.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY
ALONG SAID CURVE 181.12 FEET THROUGH A CENTRAL ANGLE OF
23°35'07 11 ; THENCE TANGENT TO SAID CURVE NORTH 64°07'2811 EAST
166.87 FEET; THENCE SOUTH 31°53 1 26 11 EAST 98.26 FEET; THENCE
NORTH 64°13 1 22 11 EAST 125.71'FEET; THENCE SOUTH 77°04'45 11 EAST
152.84 FEET; THENCE NORTH 79°22 1 1411 EAST 299.67 FEET TO THE TRUE
POINT OF BEGINNING.
-2-
~ER NO. 10-110121
OWNER:
AS OF THE DATE HEREOF, THE PARTY WHOSE SIGNATURE WILL BE
NECESSARY UNDER THE REQUIREMENTS OF THE SUBPIVISION MAP ACT,.
ON THE CERTIFICATE CONSENTING TO TH~ RECORDATION OF THE
FINAL MAP OF PARCEL MAP OF SAID LAND AND OFFERING FOR
DEDICATION ANY STREETS, ROADS, AVENUES AND OTHER EASEMENTS
OFFERED BY SUCH MAP ARE:
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP, FORMERLY PACIFIC RIM LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
EASEMENTS:
THE SIGNATURE OF THE P~TY NAMED HEREINAFTER AS OWNER OF TH;E
INTEREST SET FORTH, MAY BE OMITTED UNDER THE PROVISIONS OF
.SECTION 66436, SUBSECTION (a) (3) (A) (1) OF THE SUBDIVISION
MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT' RIPEN INTO A
FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE LOCAL AGENCY.
OWNER:
RECORDED:
DANIELS CABLEVISION, INC., A DELAWARE CORPORATION
JUNE 1, 1990 AS FILE NO. 90-298175 OF
OFFICIAL RECORDS AND AMENDMENT RECORDED
APRIL 15, 1991 AS FILE NO. 91-168678
OF OFFIC.IAL RECORDS
•
mV'NER:
As of the date hereof, the party whose signature will be
necessary under the requirements of the Supdivision Map Act,
on the certificate consenting to recordation af the Final
Map of Parcel Map of said land and offering for dedication
any streets, roads, avenues and other easements offered by
such map are: .
Aviara Land Associates Limited Partnership, A Delaware
Limited Partnership, formerly Pacific Rim Land Associates
Limited Partnership, A Delaware Limited Partnership
EASEMENTS:
The signature of the party named hereinafter as owner of
interest set forth, may be omitted under the provisions of
Section 66436, Subsection (a) (3) (A) (1) o£ the Subdivision
Map Act, their interest is such that it cannot ripen irtto a
fee title and said signature is not required by the local
agency.
Owner: NONE
Recorded: NONE
TRUST DEEDS:
The signature of one of the parties named below will be
required as Trustee or Beneficiary under Deed of Tru~t.
Recorded:
Trustee:
Beneficiary:
December 23, 1988 as file'No. 88-661636
of official records.
First Interstate Bank of California, A
California Corporation
First Interstate Bank of California, A
California Corporation
"
AUGUST 27, 1992
STEWART TITLE COMPANY OF SAN DIEGO
7676 HAZARD CENTER DRIVE 7TH FLOOR
SAN DIEGO, CALIFORNIA 92108
(619) 692-1,600
(619) 436-3002 (6i9) 743-3821
FIRST SUPERSEDING
PRELIMINARY TITLE REPORT
P & 0 TECHNOLOGIES YOUR NO. P.A. 24
10-110121 401 WEST "A" STREET, STE. 2500 OUR NO.
SAN DIEGO, CALIFORNIA LOAN REF: AVIARA LAND ASSOC.
ATTENTION: DAVE AMBLER
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO HEREBY
REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS
OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE BY
STEWART TITLE GUARANTY COMPANY, DESCRIBING THE LAND AND THE
ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING
AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT,
LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN
SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED
SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID
POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY
FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH
ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY
OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE
REQUESTED.
DATED AS OF AUGUST 24, 1992 AT 7:30 A.M.
. "-~
"-
10-L~OI21
THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE
POLICY
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY
SCHEDULE A
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR
REFERRED TO COVERED BY THIS REPORT IS:
A FEE
(
(
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED I~:
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP, FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
)
)
)
)
10-110121
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF SECTION 27 TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNT¥ OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF,
AS SHOWN ON RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1986 AS
FILE NO. 86-494180 OF OFFICIAL RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27, AS
SHOWN ON SAID RECORD OF SURVEY MAP NO. 10774; THENCE ALONG THE
NORTH LINE THEREOF NORTH 86"58'35" WEST 659.34 FEET (,RECORD
NORTH .86°58'38" WEST, 659.33 FEET) TO THE NORTHWEST CORNER OF
THE EAST HALF OF THE NORTHeAST QUARTER OF THE NORTHWES.T QUARTER
OF~AID SECTION 27; THENCE ALONG THE WEST LINE OF SAID·EAST
HALF, SOUTH 0·07'05" WEST (RECORD SOUTH 0°06'50" WEST) 366.63
FEET; THENCE LEAVING SAID WEST LINE NORTH 48°17'47" WEST 38.01
FEET; THENCE SOUTH 76°l0'03" WEST 157.28 FEET; THENCE NORTH
13·49'57" WEST 4.11 FEET; THENCE SOUTH 76°10'03" WEST 60.00 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 13°49'57" EAST
49.10 FEET TO THE BEGINNING OF A TANGENT 750.00 FOOT RADIUS
CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE 232.64
FEET THROUGH A CENTRAL ANGLE OF 17"46'20"; THENCE TANGENT TO
SAID CURVE SOUTH 3°56'23" WEST 39.89 FEET; THENCE NORTH .
86"03'37" WEST 121.42 FEET; THENCE SOUTH 31°40'20" WEST 59.66
FEET; THENCE SOUTH 30°06'25" EAST 52.13 FEET; THENCE SOUTH
12·04'11" WEST 70.71 FEET; THENCE SOUTH 6°23'38" WEST 70.06
FEET; THENCE SOUTH 0 0 37 ' 15" WEST 5 8 • 2'0 FEET; THENCE SOUTH
15°45'46" WEST 123.98 FEET; THENCE SOUTH 13°43'43" WEST 245.89
FEET TO A POINT ON THE NORTHERLY LINE OF ALGA ROAD AS' DESCRIBED
IN THAT CERTAIN EASEMENT DEED TO THE CITY OF CARLSBAD, RECORDED
JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS; THENCE
ALONG SAID NORTHERLY LINE NORTH 86"55'00" WEST 335.00 FEET TO
THE BEGINNING OF A TANGENT 799.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE WESTERLY AND NORTHWESTERLY ALONG SAID
CURVE 927.77 FEET THROUGH A CENTRAL ANGLE OF 66 9 31'48" TO A
POINT, A RADIAL LINE TO SAID POINT BEARS SOUTH 69°36'48" WEST,
SAID POINT ALSO BEING THE BEGINNING OF A 25.00 FOOT RADIUS
COMPOUND CURVE CONCAVE EASTERLY; THENCE LEAVING THE NORTHERLY
LINE OF SAID ALGA ROAD AND ALONG SAID 25.00 FOOT RADtUS CURVE
42.28 FEET THROUGH A CENTRAL ANGLE OF 96 9 53'20"; THENCE TANGENT
TO SAID CURVE NORTH 76°30'08" EAST 72.64 FEET TO THE BEGINNING
-1,...
"e
10-110121
OF A TANGENT 375.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG SAID CURVE 235.38 FEET THROUGH A
CENTRAL ANGLE OF 35'57'47"; THENCE TANGEN~ TO S~ID CURVE"NORTH
40'32'21" EAST 102.00 FEET TO THE BEGINNING OF A TANGENT 440.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY
ALONG SAID CURVE 181.12 FEET THROUGH A CENTRAL ANGLE OF
23'35'07"; THENCE TANGENT TO SAID CURVE NORTH 64'07'28" EAST
166.87 FEET; THENCE SOUTH 31'53'26" EAST 98.26 FEET; THENCE
NORTH 64'13'22" EAST 125.71'FEET; THENCE SOUTH 77'04'45" EAST
152.84 FEET; THENCE NORTH 79'22'14" EAST 299.67 FEET TO THE TRUE
POINT OF BEGINNING.
-2-
-tt
10-110121
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED
ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 1992-93, A LIEN NOT YET PAYABLE.
1A. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: $59,922.35 PAID
SECOND INSTALLMENT: $59,922.35 PAID
LAND: $1 , 560 , 600 • 00
CODE AREA: 09133
PARCEL NO. 215-040-18
lB. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL
YEAR 1991-92 INCLUDING PERSONAL PROPERTY TAX, IF ANY.
FIRST INSTALLMENT: $~5,355.64 PAID
SECOND INSTALLMENT: $55,355.64 PAID
LAND: $2,601,000.00
CODE AREA: 09027
PARCEL NO. 215-040-22
1C. BOND/ASSESSMENT REPORT TO FOLLOW.
10. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT
TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
2. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SUCH
MATTERS ARE SHOWN BY THE PUBLIC RECORDS.
3. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT
STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS
THEREOF
DATED
AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
DECEMBER 20, 1988
$125,000,000.00
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP
FIRST INTERSTATE BANK OF CALIFORNIA,
A CALIFORNIA CORPORATION
FIRST INTERSTATE BANK OF CALIFORNIA,
A CALIFORNIA CORPORATION
-1-
RECORDED
·tt
SCHEDULE B
DECEMBER 2.3, 1988 AS FILE NO. 88-661636
OF OFFICIAL RECORDS
. 10-110121
AN ASSIGNMENT OF RENTS, AS ADDITIONAL SECURITY FOR THE PAYMENT
OF THE INDEBTEDNESS SECU~ED BY SAID dEED OF tRUST, WHICH
ASSIGNMENT WAS
EXECUTED BY
TO
RECORDED
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE' CORPORATION
FIRST INTERSTATE BANK OF CALIFORNIA,
A CALIFORNIA CORPORATION
DECEMBER 23, 1988 AS FILE NO. 88~661637
OF OFFICIAL RECORDS
A FINANCING STATEMENT GIVEN AS ADDITIONAL SECURITY FOR THE
PAYMENT OF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST
SHOWN IN ITEM NO. 24
DEBTOR AVIARA LAND ASSOCIATES LIMITEO P~RTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP
SECURED PARTY FIRST INTERSTATE BANK OF CALIFORNIA, A
CORPORATION
FILED DECEMBER 23, 1~88 AS FILE NO. 88-661638
OF OFFICIAL RECORDS
IN THE OFFICE OF SAN DIEGO COUNTY
AN AMENDMENT TO FINANCING STATEMENT, AMENDED JUNE 29, 1992 AS
FILE NO. 1992-0406652 OF OFFICIAL RECORDS.
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED APRIL 14, 1~89 AS FILE NO. 89-196177
OF OFFICIAL RECORDS
SUBORDINATED TO DEED RESTRICTION (OPEN SPACE)
RECORDED APRIL 14, 1989 AS FILE NO. 89-196176
OF OFFICIAL RECORDS
SAID DEED OF
REFERRED TO
INSTRUMENT
RECORDED
TRUST HAS BEEN SUBORDINATED TO ~HE SUBJECT MATTER
IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
JULY 24, 1989 AS FILE NO. 89-388407
OF OFFICIAL RECORDS
SUBORDINATED TO MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
RECORDED JULY 5, 1989 AS FILE NO. 89-354659
OF OFFICIAL RECORDS
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUgJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED I JUNE 1, 1990 AS FILE NO. 90-298174
-2-
SUBORDINATED TO
RECORDED
ott
SCHEDULE B
OF OFFICIAL RECORDS
EASEMENT AND COVENANT REGARDING CATV
SERVICE
JUNE 1, 1990 AS FILE NO. 90-298175
OF OFFICIAL RECORDS
10-110121
SAID DEED OF TRUST HAS BEEN SUBORDI~ATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
RECORDED
DECEMBER 5, 1991 AS
OF OFFICIAL RECORDS
DEED RESTRICTION
DECEMBER 5, 1991 AS
OF OFFICIAL RECORDS
FILE NO. 1991-626217
FILE NO. 1991-626216
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
RECORDED
FEBRUARY 4, 1992 AS
OF OFFICIAL RECORDS
DEED RESTRICTION
FEBRUARY 5, 1992 AS
OF OFFICIAL RECORDS
FILE NO. 1992-0059247
FILE NO. 1992-0059246
AN INSTRUMENT PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST
AS THEREIN PROVIDED
EXECUTED BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND FIRST
INTERSTATE BANK OF CALIFORNIA, A CALIFORNIA
CORPORATION
RECORDED JUNE 29, 1992 AS FILE NO. 1992-0406651
OF OFFICIAL RECORDS
4. AN AGREEMENT
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
TO WHICH REFERENCE IS HEREBY MADE FOR FULL
MARCH 31, 1989
AVIARA LAND ASSOCIATES, LIMITED
PARTNERSHIP AND THE CITY OF CARLSBAD
PAYMENT OF A PUBLIC FACILITIES FEE
JUNE 5, 1989 AS FILE NO. 89-296176
OF OFFICIAL RECORDS
5. COVENANTS, CONDITIONS AND RESTRIC~IONS IN AN INSTRUM~NT
RECORDED JULY 5, 19.89 AS FILE NO. 89-354659 OF OFFICIAL RECORDS.
RESTRICTIONS, IF ANY BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN ARE DELETED.
WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT ·OR
RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN
-3-
t·
SCHEDULE B
10-110121
GOOD FAITH AND FOR VALUE.
THE ABOVE-MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS
PROVIDE THAT THE ASSESSMENT ~IENS PROVIDED FOR THEREIN SHALL BE
SUBORDINATED TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY
CONDOMINIUM.
. -FIRST AMENDMENT AND RESTATEMENT RECORDED JULY 31, 1990 AS FILE
NO. 90-418521 OF OFFICIAL RECORDS.
SECOND AMENDMENT AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS RECORDED FEBRUARY 8, 1991, AS FJ;LE
NO. 91-57543 OF OFFICIAL RECORDS, AND RE-RECORDED MARCH 15, 1991
AS FILE NO. 91-114756 OF OFFICIAL RECORDS.
THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS RECORDED SEPTEMBER 16, 1991 AS FILE NO.
1991-0475307 OF OFFICIAL RECORDS.
6. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
7 • AN AGREEMENT
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
FEBRUARY 20, 1990
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP; DAVIDSON
COS CAN PARTNERS, A CALIFORNIA GENERAL
PARTNERSHIP; LYON COMMUNITIES, INC. , A
CALIFORNIA CORPORATION; RDC DEVCO II LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP;
A-M HOMES, A CALIFORNIA LIMITED PARTNERSHIP;
AND BRAMALEA CALIFORNIA, INC., A CALIFORNIA
CORPORATION
UNITY OF CONTROL
APRIL 16, 1990 AS FILE NO. 90-204778
OF OFFICIAL RECORDS
TO WHICH REFERENCE IS HEREBY MADE FOR FULL
APRIL 17, 1990
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND DANIELS
CABLEVISION, INC., A DELAWARE CORPORATION
EASEMENT AND COVENANT REGARDING CATV SERVICE
JUNE I, 1990 AS FILE NO. 90-298175
OF OFFICIAL RECORDS
FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVICE
RECORDED APRIL 15, 1991 AS FILE NO. 91-168678 OF OFFICIAL
RECORDS.
8. ANY ASSESSMENT THAT CAN BE LEVIED ON THE BENEFITED AREA AS
-4-
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'e
SCHEDULE B
10'-110121
DISCLOSED BY ASSESSMENT DISTRICT BCUNDARY DIS';I'RICT NO.1, IN THE
CITY OF CARLSBAD BY DOCUMENT RECORDED DECEMBER 19, 1990 AS FILE
NO. 90-674118 OF OFFICIAL RECORDS.
A NOTICE OF SPECIAL TAX LIEN IMPOSED BY THE CITY OF CARLSBAD
·COMMUNITY FACILITIES DISTRICT NO.1, RECORDED MAY 20, 1991 AS
FILE NO. 1991-236959 OF OFFICIAL RECORDS.
9 . AN AGREEMENT
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
10. AN AGREEMENT
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
, .
TO WHICH REFERENCE IS HEREBY MADE FOR FULL
FEBRUARY 20, 1991
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
AND THE CITY OF CARLSBAD
HOLD HARMLESS AGREEMENT RIGHT OF WAY
ENCROACHMENT
MARCH 22, 1991 AS FILE NO. 1991-0127324
OF OFFICIAL RECORDS
TO WHICH REFERENCE IS HEREBY MADE FOR FULL
MAY 8, 1991
CITY OF CARLSBAD AND AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
JUNE 3, 1991 AS FILE NO. 1991-0259639
OF OFFICIAL RECORDS
11. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
JULY 23, 1991
ODMARKS & THELAN AND THE DAVIDSON'
COMPANIES PARTNERSHIP, A CALIFORNIA GENERAL
PARTNERSHIP AND AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP
MEMORANDUM OF AGREEMENT
SEPTEMBER 4, 1991 AS FILE NO. 1991-0453555
OF OFFICIAL RECORDS
12. AN INSTRUMENT ENTITLE DEED RESTRICTION BY AND BETWEEN
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE CA·LIFORNIA COASTAL COMMISSION, RECORDED
DECEMBER 5, 1991 AS FILE NO. 1991-0626216 OF OFFICIAL RECORDS.
13. A NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS, BY AND
BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LlMITED PARTNERSHIP, RECORDED DECEMBER 31, 1991 AS FILE NO.
1991-0685924 OF OFFICIAL RECORDS.
14. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
-5-
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED;
15. AN AGREEMENT
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
.-
SCHEDULE B
10-110.121
JANUARY 2, 1992
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND THE
CITY OF CARLSBAD, A MUNICIPAL CORPORATION
GROWTH MANAGEMENT PROGRAM AND THE ADOPTED
LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 19 . .
JANUARY 8, 1992 AS FILE NO. 1992-0011004
OF OFFICIAL RECORDS
TO WHICH REFERENCE IS HEREBY MADE FOR FULL
SEPTEMBER 27, 1991
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND THE
CITY OF CA~LSBAD
HOLD HARMLESS AGREEMENT DRAINAGE
JANUARY 8, 1992 AS FILE NO. 1992-0011005
OF OFFICIAL RECORDS .
16. AND INSTRUMENT ENTITLED DEED RESTRICTION BY AND BETWEEN
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE COASTAL COMMISSION, RECORDED FEBRUARY 4,
1992 AS FILE NO. 1992-005924·5 OF OFFICIAL RECORDS.
-6-
r-----.. -I •
AUG 27 1992
CITY OF CA.RLSSAD
ENGINEEfUNG COUNTER
.. ' ., . ...
, I
~'-,
I
STEWART TITLE
GUARANTY COMPANY
Subdivision Guarantee
Issued for the benefit and protection of the County of
within which said subdivision is located.
SAN DIEGO
No. 10-110121
Fee: $500.00
Subdivision Map of AVIARA P.
Tract No. 24-DISTIT ~i=2 go-,-]!) Consisting of 6 Sheet (s)
and of any City
After an examination of the Public Records which, under the recording laws, impart constructive notice of matters"
affecting the title to the land hereinafter described,
STEWART T"ITLE
GUARANTY COMPANY
a corporation, of Galveston, Texas,
hereby guarantees, for the benefit of said county and city. In a sum not to exceed $1,000.00, that as shown by
said records the only parties having any record title intere~t in s~id land, and whose signatures are necessary, under
the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of the Subdivision
Map of said land and offering for dedication any streets, roads, avenues and other easements offered for dedication
by said Subdivision Map are:
SEE ATTACHED
The Tract hereinbefore referred to is a subdivisiori oflands described as:
SEE ATTACHED
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused it corporate name and seal to be affixed.
STEWART TITLE
GUARANTY COMPANY
~I
President
Subdivision 2 6 3 1 SG Guarantee
• •
OWNER:
As of the date hereof, the party whose signature will be
necessary under the requirements of the Subdivision Map Act,
on the certificate consenting to recordation of the Final
Map of Parcel Map of said land and offering for dedication
any streets, roads, avenues and other easements offered by
such map are:
Aviara Land Associates Limited Partnership, A Delaware
Limited Partnership, formerly Pacific Rim Land Associates
Limited Partnership, A Delaware Limited Partnership
EASEMENTS:
The signature of the party named hereinafter as owner of
interest set forth, may be omitted under the provisions of
Section 66436, Subsection (a) (3) (A) (1) of the Subdivision
Map Act, their interest is such that it cannot ripen into a
fee title and said signature is hot required by the local
agency.
Owner: NONE
Eecorded: NONE
• •
TRUST DEEDS:
The signature of one of the parties named below will be
required as Trustee or Beneficiary under Deed of Trust.
Recorded:
Trustee:
Benefici.ary:
December 23, 1988 as file No. 88-661636
of official records.
First Interstate Bank of California, A
California Corporation
First Interstate Ban-k of California, A
California Corporation
• •
10-110121
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STAT~ OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF SECTION 27 TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF,
AS SHOWN ON RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1986 AS
FILE NO. 86-494180 OF OFFICIAL RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27, AS
SHOWN ON SAID RECORD OF SURVEY MAP NO. 10774; THENCE ALONG THE
NORTH LINE THEREOF NORTH 86°58 1 35" WEST 659.34 FEET (RECORD
NORTH 86°58 1 38 11 WEST, 659.33 FEET) TO THE NORTHWEST CORNER OF
THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 27; THENCE ALONG THE WEST LINE" OF SAID EAST
HALF, SOUTH 0.07 1 05" WEST (RECORD SOUTH 0°06'50 11 WEST) 366.63
FEET; THENCE LEAVING SAID WEST LINE NORTH 48°17'47" WEST 38.01
FEET; THENCE SOUTH 76"10'03" WEST 157.28 FEET; THENCE NORTH
13"49'57" WEST 4.11 FEET; THENCE SOUTH 76°10'03" WEST 60.00 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 13°49 1 57 11 EAST
49.10 FEET TO THE BEGINNING OF A TANGENT 750.00 FOOT RADIUS
CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE 232.~4
FEET THROUGH A CENTRAL ANGLE OF 17°46'20 11 ; THENCE TANGENT TO
SAID CURVE SOUTH 0"56 1 23 11 WEST 39.89 FEET; THENCE NORTH
86°03'37" WEST 121.42 FEET; THENCE SOUTH 31"40'20" WEST 59.66
FEET; THENCE SOUTH 30"06'25" EAST 52.13 FEET; THENCE SOUTH
12"04'11" WEST 70.71 FEET; THENCE SOUTH 6°23'38" WEST'70.06
FEET; THENCE SOUTH 0"37'15" WEST 58.20 FEET; THENCE SOUTH
15°45'46" WEST 123.98 FEET; THENCE SOUTH 13"43'43" WEST 245.89
FEET TO A POINT ON THE NORTHERLY LINE OF ALGA' ROAD AS DESCRIBED
IN THAT CERTAIN EASEMENT DEED TO THE CITY OF CARLSBAD, RECORDED
JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS; THENCE
ALONG SAID NORTHERLY LINE NORTH 86°55'00" WEST 335.00 FEET '1'0 -;;. ......
THE BEGINNING OF A TANGENT 799.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE WESTERLY AND NORTHWESTERLY ALONG SAID
CURVE 927.77 FEET THROUGH A CENTRAL ANGLE OF 66°31'48" TO A
POINT, A RADIAL LINE TO SAID POINT BEARS SOUTH 69"36'48" WEST,
SAID POINT ALSO BEING THE BEGINNING OF A 25.00 FOOT RADIUS
COMPOUND CURVE'CONCAVE EASTERLY; THENCE LEAVING THE NORTHERLY'
LINE OF SAID ALGA ROAD AND ALONG SAID 25.00 FOOT RADIUS ~URVE
42.28 FEET THROUGH A CENTRAL ANGLE OF 96"53'20"; THENCE TANGENT
TO SAID CURVE NORTH 76·30'08" EAST 72.64 FEET TO THE BEGINNING
-1-
•
10-110121
OF A TANGENT 375.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG SAID CURVE 235.38 FEET THROUGH A
CENTRAL ANGLE OF 35°57'47"; THENCE TANGENT TO 'SAID CURVE NORTH
40"32'21" EAST 102.00 FEET TO THE BEGINNING OF A TANGENT 440.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY
ALONG SAID CURVE 181.12 FEET THROUGH A CENTRAL ANGLE OF
23°35'07"; THENCE TANGENT TO SAID CURVE NORTH 64"07'28" EAST
166 .. 87 FEET; THENCE SOUTH 31"53'26" EAST 98.26 FEET; THENCE
NORTH 64°13'22" EAST 125.71 FEET; THENCE SOUTH 77°04'45" EAST
152.84 FEET; THENCE NORTH 79·22' 14" EAS'l' 299.67 FEET TO THE TRUE POINT OF BEGINNING.
:.-.:.
-2-
"
I
I
•
STEWART TITLE COMPANY OF SAN DIt::GO
7676 HAZARD CENTER DRIVE 7TH FLOOR
SAN DIEGO, CALIFORNIA 92108
(619) 692-1600
PRELIMINARY REPORT
August 06, 1991
P & 0 TECHNOLOGIES
401 WEST "A" STREET, STE. 2500
SAN DIEGO, CALIFORNIA
ATTENTION: DAVE ~BLER
YOUR NO.
OUR NO.
LOAN REF:
P.A. 24
10-110121
AVIARA LAND ASSOC.
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TIT~E INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO HEREBY
REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS
OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE BY
STEWART TITLE GUARANTY COMPANY, DESCRIBING THE LAND. AND THE
ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURJNG
AGAINST LOSS .WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT,
LIEN OR ENCUMBRANCE NOT SHOWN OR R~FERRED TO AS AN EXCEPTION I~
SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED
SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY F01:rMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM
POLICY OR POLICIES ARE SET FORTH HEREIN.
FORMS SHOULD BE READ. THEY ARE AVAILABLE
ISSUEQ THIS REPORT.
THE COVERAGE OF SAID
COPIES OF THE POLICY
FROM THE OFFICE WHICH
'I'HIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY
OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF . A
POLICY OF rITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE
REQUESTED.
DATED AS OF JULY 31, 1991 AT 7:30 A.M.
•
10-110121
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIfORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF SECTION 27 TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF,
AS SHOWN ON RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1986 AS
FILE NO. 86-494180 OF OFFICIAt RECORDS, MORE PARTICULARLY
DESCRIBED AS 'FOLLOWS:
COMMENCING AT THE "NORTH QUARTER CORNER OF SAID SECTION 27, AS
SHOWN ON SAID RECORD OF SURVEY MAP NO. 10774: THENCE ALONG THE
NORTH LINE THEREOF NORTH"86°S8'3S" WEST 659.34 FEET (RECORD
NORT.H 86° S 8 ' 38" WEST I 6 S9 . 33 FEET) TO THE NORTHWEST CORNER OF
THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 27; THENCE ALONG THE WEST LINE OF SAID EAST
HALF, SOUTH 0007'OS" WEST (RECORD SOUTH 0006'SO" WEST) 366.63
FEET: THENCE LEAVING SAID WEST LINE NORTH 48°17'47" WEST 38.01
FEET: THENCE SOUTH 76°10'03" WEST lS7.28 FEET; THENCE NO£{TH
13 ° 49' 57" WEST 4 .1.1 FEET: THENCE SOUTH 76 °10 , 03" WEST 60.00 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 13°49'S7" EAST
49.10 FEET TO THE BEGINNING OF A TANGENT 7S0.00 FOOT RADIUS
CURVE CONCAVE WESTERLY: THENCE SOUTHERLY ALONG SAID CURVE 232.64
FEET THROUGH A CENTRAL ANGLE OF 17°46'20"; THENCE TANGENT TO
SAID CURVE SOUTH 00S6'23" WEST 39.89 FEET; THENCE NORTH
86"03'37" WEST 121.42 FEET: THENCE SOUTH 31°40'20" WEST S9.66
FEET; THENCE SOUTH 30°06'25" EAST 52.13 FEET: THENCE SOUTH
12·04'11" WEST 70.71 FEET: THENCE SOUTH 6°23'38" WEST 70.06
FEET: THENCE SOUTH 0037'IS" WEST 58.20 FEET: THENCE SOUTH
lS04S'46" WEST 123.98 FEET; THENCE SOUTH 13"43'43" WEST 245.89
FEET TO A POINT ON THE NORTHERLY LINE OF ALGA ROAD AS DESCRIBED
IN THAT CERTAIN EASEMENT DEED TO THE CITY OF CARLSBAD, RECORDED
JUNE 29, 1989 AS FILE NO. 89-34S765 OF OFFICIAL RECORDS; THENCE
ALONG SAID NORTHERLY LINE NORTH 86°S5'OO" WEST 335.00 FEET TO
THE BEGINNING OF A TANGENT 799.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE WESTERLY AND NORTHWESTERLY ALONG SAID
CURVE 927.77 FEET THROUGH A CENTRAL ANGLE OF 66°31'48" TO A
POINT, A RADIAL LINE TO SAID POINT BEARS SOUTH 69°36'48" WEST,
SAID POINT ALSO BEING THE BEGINNING OF A 25.00 FOOT RADIUS
COMPOUND CURVE CONCAVE EASTERLY: THENCE LEAVING THE NORTIlERLY
LINE OF SAID ALGA ROAD AND ALONG SAID 25.00 FOOT RADIUS CURVE
42.28 FEET THROUGH A CENTRAL ANGLE OF 96°53'20"; THENCE TANGENT
TO SAID CURVE NORTH 76°30'08" EAST 72.64 FEET TO TaE BEGINNING
-1-
•
10-110121
OF A TANGENT 375.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE NOR~HEASTERLY ALONG SAID CURVE 235.38 FEET THROUGH A
CENTRAL ANGLE OF 35°57'47"; THENCE TANGENT TO SAID CURVE NORTH
40"32'21" EAST 102.00 FEET TO THE BEGINNING OF A TANGENT 440.00
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY
ALONG SAID CURVE 181.12 FEET THROUGH A CENTRAL ANGLE OF
23°35'07"; THENCE TANGENT TO SAID CURVE NORTH 64°07'28" EAST
166.87 FEET; THENCE SOUTH 31°53'26" EAST 98.26 FEET; THENCE
NORTH 64°13'22" EAST 125.71 FEET; THENCE SOUTH 77°0,4'45" EAST
152.84 FEET; THENCE NORTH 79°22' L4" EAS'l' 299.67 FEET TO THE TRUE POINT OF BEGINNING.
-2-
•
10-110121
THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
1. CALIFORNIA LAND TlrLE ASSOCIATION STANDARD COVERAGE POLICY
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B ( )
J. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY
SCHEDULE·A
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRI~ED OR REFERRED TO COVERED BY THIS REPORT IS:
-A FEE
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP, FORMERLY PACIFIC RIM LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP
•
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED
ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR THE FISCAL YEAR 1991-92, A LIEN NOT YET PAYABLE.
lA. GENERAL AND SPECIAL COUNTY
YEAR 1990-91 INCLUDING PERSONAL
FIRST INSTALLMENT:
SECOND INSTALLMENT:
LAND:
CODE AREA:
PARCEL NO.
lB. GENERAL AND SPECIAL COUNTY
YEAR 1990-91 INCLUDING PERSONAL
FIRST INSTALLMENT:
SECOND INSTALLMENT:
LAND:
CODE AREA:
PARCEL NO.
AND/OR CITY TAXES FOR
PROPERTY TAX, IF ANY.
$8,205.52 PAID
$8,205.52 PAID
$1,530,000.00
09133
215-040-18
AND/OR CITY'TAXES FOR
PROPERTY TAX, IF ANY.
$13,631.19 PAID
$13,631.19 PAID
$2,550,000.00 '
09027
215-040-22
lC. BOND/ASSESSMENT REPORT TO FOLLOW.
THE FISCAL
THE FISCAL
ID. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT
TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION COPE OF THE STATE OF CALIFORNIA.
2. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SUCH
MATTERS ARE SHOWN BY THE PUBLIC RECORDS.
3. A Deed of
stated herein
thereof
Dated
Amount
Trustor
Trustee
Beneficiary
Trust to secure an indebtedness of the amount
and any other amounts payable under the terms
DECEMBER 20, 1988
$125,000,000.00
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP
FIRST INTERSTATE BANK OF CALIFORNIA,
A CALIFORNIA CORPORATION
FIRST INTERSTATE BANK OF CALIFORNIA,
A CALIFORNIA CORPORATION
-1-
10-110121
Recorded
SCHEDULE B CO~TINUED
DECEMBER 23, 1988 AS FILE NO. 88-661636
of Official Records
An assignment of rents, as additional security for
of the indebtedness secured by said Deed of Trust,
the payment;
which
assignment was
Executed by
To
Recorded
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE CORPORATION
FIRST INTERSTATE BANK OF CALIFORNIA,
A CALIFORNIA CORPORATION
DECEMBER 23, 1988 AS FILE NO. 88-661637
OF OFFICIAL RECORDS
A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY
RECORDER, SHOWING
DEBTOR:
SECURED PARTY:
DATE:
NO:
PROPERTY
COVERED:
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP
FIRST INTERSTATE BANK OF CALIFORNIA, A
CORPORATION
DECEMBER 23, 1988 AS
AS FILE NO. 88-66163~ OF OFFFICIAL"RECORDS
AS DESCRIBED THEREIN
Said DEED OF TRUST has been subordinated to the subject matter
referred to in this paragraph, by the provisions of an
instrument
Recorded
,Subordinated to
Recorded
APRIL 14, 1989 AS FILE
of Official Records
DEED RESTRICTION (OPEN
APRIL 14, 1989 AS FILE
of Official Records
NO. 89-196177
SPACE)
NO. -S9-196176
Said DEED OF TRUST has been subordinated to the subject matter
referred to in this paragraph, by the provisions of an"
instrument
Recorded
Subordinated to
Recorded
JULY 24, 1989 AS FILE NO. 89-388407
of Official Records
MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
JULY 5, 1989 AS FILE NO. 89-354659
of Official Records
SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER
REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN
INSTRUMENT
RECORDED
SUBORDINATED TO
JUNE 1, 1990 AS FILE NO. 90-298174
OF OFFICIAL RECORDS
EASEMENT AND COVENANT REGARDING CATV
SERVICE
-2-
10-110121
RECORDED
SCHEDULE B CONTINUED
JUNE 1, 1990 AS FILE NO. 90-298175
O~ OFFICIAL RECORDS
4. AN INSTRUMENT ENTITLED DEED RESTRICTION (OPEN SPACE) BY AND
BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION
RECORDED APRJL 14, 1989 AS FILE NO. 89-196176 OF OFFICIAL
RECORDS
S; AN INSTRUMENT ENTITLED DEED RESTRICTION (TRAIL) BY AND
BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE
LIMITED PARTNERSHIP AND CALIFORNIA COASTAL COMMISSION, WHICH
AMONG OTHER THINGS, SET OUT GUIDELINES FOR LANDSCAPING, PUBLIC
ACCESS, GRADING, FUTURE DEVELOPMENT AND PRESERVATION OF STEEP
SLOPES. SAID INSTRUMENT RECORDED APRIL 14, 1989 AS FILE NO.
89-196178 OF OFFICIAL RECORDS.
Reference is made to said document for full particulars.
10-110121
6. AN INSTRUMENT ENTITLED IRREVOCABLE OPFER TO DEDICATE
OPEN-SPACE EASEMENT AND DECLARATION OF RESTRICTIONS DATED MARCH
13, 1989 BY AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP AND RECORDED APRIL 14, 19,89 AS FILE
NO. 89-196180 OF OFFICIAL RECORDS.
Reference is made tq said document for full particulars.
7. An agreement
particulars
Dated:
.By and Between:
Regarding:
Recorded:
to which reference is hereby made for full
MARCH 31, 1989
AVIARA LAND ASSOCIATES, LIMITED
PARTNERSHIP AND THE CITY OF CARLSBAD
PAYMENT OF A PUBLIC FACILITIES FEE
JUNE 5, 1989 AS FILE NO. 89-296176
of Official Records
8. Covenants, conditions and restrictions in an instrument
recorded JULY 5, 1989 AS FILE NO. 89-354659 OF OFFICIAL RECORDS.
Restrictions, if any based on race, color, religion o~ national
origin are deleted.
Which provide that a violation thereof shall not defeat or
render invalid the lien of any mortgage or ~eed of trust made in
good faith and for value.
The above-mentioned covenants, conditions and restriction-s
provide that the assessment liens provided for therein shall be
subordinated to the lien of any first mortgage upon any
condominium.
-3-
SCHEDULE B CONTINUED
First Amendment and Restatement recorded July 31, 1990 as File
No. 90-418521 of Official Records.
10--110121
Second Amendment and Restated Master Declaration of Covenants,
Conditions and Restrictions recorded February 8, 1991, as File
No. 91-57543 of Official Records, and Re-recorded March 15, 1991
as F'i 1 e No. 91-114 7 5 6 0 f 0 f f i cia 1 R e cor ds .
9. AN AGREEMENT
PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
TO WHICH REFERENCE IS HEREBY MADE FOR FULL
FEBRUARY 20, 1990
AVIARA LAND ~SSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP; DAVIDSON
COSCAN PARTNERS, A CALIFORNIA GENERAL
PARTNERSHIP; LYON COMMUNITIES, INC. , A
CALIFORNIA CORPORATION; RDC DEVCO II LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP;
A-M HOMES, A CALIFORNIA LIMITED PARTNERSHLP;
AND BRAMALEA CALIFORNIA, INC., A CALIFORNIA CORPORATION
UNITY OF CONTROL
APRIL 16, 1990 AS FILE NO. 90-204778
OF OFFICIAL RECORDS
10. AN AGREEMENT TO WHICH REFERENCE IS PARTICULARS HEREBY MADE FOR FULL
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
MAY 16, 1990
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
AND AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND THE CITY
OF CARLSBAD
AN UNCONTROLLED STOCKPILE
MAY 22, 1990 AS FILE NO. 90-279302
OF OFFICIAL RECORDS
11. AN AGREEMENT TO WHICH REFERENCE PARTICULARS IS HEREBY MADE FOR fULL
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
APRIL 17, 1990
AVIARA LAND ASSO~IATES LIMITED PARTNERSHIP,
A DELAWARE LIMITED PARTNERSHIP AND DANIELS
CABLEVISION, INC., A DELAWARE CORPORATION
EASEMENT AND COVENANT REGARDING CATV SERVICE
JUNE 1, 1990 AS FILE NO. 90-298175
OF OFFICIAL RECORDS
FIRST AMENDMENT TO EASEMENT AND COVENANT REGARDING CATV SERVrCE
RECORDED APRIL 15, 1991 AS FILE NO. 91-168678 OF OFFICIAL, RECORDS.
12. ANY ASSESSMENT THAT CAN BE LEVIED ON THE BENEFITED AREA AS
-4-
•
SCHEDULE B CONTINUED
10-110121
DISCLOSED BY ASSESSMENT DISTRICT BOUNDARY DISTRICT NO~ I, IN THE
CITY OF CARLSBAD BY DOCUMENT RECORDED DECEMBER 19, 1990 AS FILE
NO. 90-674118 OF OFFICIAL RECORDS.
A NOTICE OF SPECIAL TAX LIEN IMPOSED BY THE CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. I, RECORDED MAY 20, 1991 AS
FILE NO. 1991-236959 OF OFFICIAL RECORDS.
13. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
14. AN AGR~EMENT
DATED:
BY AND BETWEEN:
REGARDING:
RECORDED:
FEBRUARY 20, 1991
AVIARA LAND ASSOCIATES LIMI~ED PARTNERSHIP
AND THE CITY OF CARLSBAD
HOLD HARMLESS AGREEMENT RIGHT OF WAY
ENCROACHMENT
MARCH 22, 1991 AS FILE NO. 1991-0127324
OF OFFICIAL RECORDS
TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS MAY 8, 1991
CITY OF CARLS!3AD AND AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
JUNE 3, 1991 AS FILE NO. 1~91-0259639
OF OFFICIAL RECORDS
-5-
, A
CL TA Preliminary Report Form •
CL TA PRELIMINARY REPORT FORM
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
SCHEDULE B
1. CAUFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay 16ss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to Quilding or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i}the occupancy, use, or enjoyment of the land; (ii)the character, dimensions or
location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a chan.ge in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv)environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien or encumbrance resulting from a violi;ltion or alleged violation effecting the land has been recorded in the public
records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice
of a defect, lien or encumbrance reSUlting from a violation affecting the land has been recorded in the public records at Date of
Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insurel;!
cl'aimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant ,became an insured under this
policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insur~d mortgage
or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner or indebtedness, to comply with the applicable doing business laws, of the state in
which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the tr;msaction evidenced
by the insured mortgage' and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest of the insured lender, by reason of
the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not .pay costs, attorneys' fees or expenses) which arise by
reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection
of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptiQn$ in patents or in acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
(List of Printed Exceptions and Exclusions Continued on Next Page)
REV. 1990
Page 1 of 4
STEWART TITLE
GUARANTY COMPANY
• ','CtTA-Preliminary Report Form • • 3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured cla;mant am! not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting in no loss or damage to the insureq clHimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of
the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein the as
to assessments for street improvements under construction or completed at Date of PolicY); or
(e) resulting in loss or damage which would not have been sustained if the ,insured claimant had paid value for the insured
mortgage.
4. Unenforceability of the lien -of the Insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state
in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced
by the insured mortgage and is based upon usury or any consumer credit protection or truth in 'lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials
over the lien of the insured mortgager arising from an improvement or work related to the land which is contracted for and
commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by
the insured mortgage which at Date of Policy the insured has advanced or is'obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason o,t the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above
Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the, following General
ExceptioAs:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise
by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or (lssess-
ments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims whiGh are not shown by the public records but which could be ascertained by an inspec-
tion of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof. which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a. correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under ('a), (b) or (c) are shown by the public records.
4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (4-6-90)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (4-6-90)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the char-
acter, dimensions or location of ,any improvement now or hereafter erected on the land; (iii) a separation in ownership or
a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protec-
tion, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice
of the enforcement thereof or a notice of a defect, lien or enc!.lmbrance resulting from a violation or alleged violation affect-
ing the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of th~ exercise thereof
or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been re-
corded in the public records at Date of Policy.
REV. 1990
Page 3 of 4
(List of Printed Exceptions and Exclusions Continued on Next Page)
GUARANTY COMPANY
-SUBDIVISION • _ _ _ IMPROVEMENT· &!rEEMEHT
DATE OF AGREEMENT: ____________________________ --~--__ --~----
NAME OF SUBDIVIDER: Greystone Homes. Inc •.
(referred to as "SUBDIVIDER")
NAME OF SUBDIVISION: Aviara PA 24; CT 90-15. Unit 2
(referred to as "SQBDIVIS:IONIi)
TENTATIVE MAP RESOLUTION City council Resolution NQ. 9.1-233
AND DATE OF APPROVAL:~ __ ~J~u~ly~1~6~.~1~9~9~1~--~~~~~ ______ ~~
. (referred to as "Resolution of Approval")
IMPROVEMENT PLAN NO(S).: ____ D!-=G~3~2~2--~6~----------------~--~-
(referred to as "Improvement Plans")
ESTIMATED TOTAL COST OF IMPROVEMENTS: $430.860.00
ESTIMATED TOTAL COST· OF XONUMEHTATION: $5.000.00
SURETY/FINANCIAL INSTITUTION: American Motorists Insurance Co.
ADDRESS: 7470 N. Figueroa, Los Angeles, California 90041
FORM OF· SECURITY: Bond --~~~--------------------------~------~----
SECURITY ID NOS.: 38M 803 352 00 and 38M 803 353 00
This agreement is made and entered into by and between the
City of Carlsbad l California, a Municipal corporation of the
State of California, hereinaf~er 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 development 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 i~provemen~_s2 0_ land
AGREEMENTS\AG-21.FRM 1 lEY. 10/06/92
development wfthin a period of time specliled 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
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 Ci ty
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 ci ty
Engineer. The estimated amount is stated' on Page 1. of the
agreement and the basis for this estimate is attached as
Exhibit liB".
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 ~ubdivide 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 ObI iqations 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:
III
III
AGREEMENTS\AG-21.FRM 2 REV. 10/06192
.... ---------------------------------~-,---~ --..
It '
'IMPROVEMENTS e
Improyements within Oriole Court, Remsen Court
& Sparrow Place. Improvements include curb,
gutter, asphaltic concrete pavement,
sidewalks , driveway aprons, storm drain and
sanitary sewer facil i ties, water facil i ties,
street lights and othe related impro~ements.
DEADLINE DATE
July 1,. 1996
The Subdivider acknowledges that the improvement plans
have been prepared in conformance wi th the City standards in
effect on the' date of improvement plan submi ttal, b~t that
S~bdivider 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.
dO. Acquire and dedicate, or pay the cost of
acquisition by Ci ty , . all rights-of-way, easements and other
interests in real property required for construction ~r
installation of the public improvements, free and clear of all
liens and encumbrances. The Subdivider's obligations with :r;egard '
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 priv_te drainage
easements or other authoriz'ation to accommodate the Subdivision.
e. Notify City Engineer in writinq at least five
working days prior to the commencement of the work so that city
Engineer will be able to schedQle 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 acceptapce
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,
conte~plated 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 Cj, ty of appropriate
rights-of-way, easements or other interest in real property, and
appropriate authorization from the property own .. ~?tQ ,allow
-I,.r"jl :... ,.
AGREEMENTS\AG-21.FRM 3 REV. 10/06/92
r------------------------------------
construc~ion ~ installation of the impr~ements 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 witJl tl1e 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
Subdi v.ider' 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 lOOt 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% Qf
the estimated cost of the improvements. The Warranty security
shall be included with, and made a part of the faithful
performance security until rele~se of the faithful performance
security as specified in Paragraph 5, 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 ~ept
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 incorpor~ted into this agreement. Upon
filing of a replacement security with the City Clerk, the former
security may be 'reieased.
4. Guarantee or Warranty for One Year. In addition to any
other remedy in law or equi ty , 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 peri6CLany
AGREEMENTS\AG-21.FRM 4 lEY. 10/06/92
I-
I
!
work or impr~ement or part of any worttor 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 o~ 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 repl~cements to be made befo~e
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. ci ty 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 proyision 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 fol:' the same warranty period
and, in the same ma~ner, 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 durinq the wa.rranty·
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 limit.s 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 Subdivider;
provided, however, that no such release shall be for an ·amount
less than 25% of the total improvement security <ii~en· for
AGREEMENTS\AG-21.FRM 5 lEY. 10/06/92
'.,
faithful perlrmance of 'the improveme' 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
securi ty to an amount below that required to guarantee the
completion of, the improvement work and any other obligation
imposed by this agreement.
c. Securi ty 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 upop 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 ass~re 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 tQe expiration of the warranty period as described
ip 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 secu~ity 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 apd 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 ci ty
standards. Subdivider shall beal;' 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 .i I, '.
't.., ;.; ,"'-1-1 . ".""""
AGREEMENTS\AG-21.FRM 6 REV. 10/06)92
'.
recommendatiottof the city Engineer afte~final completion and
inspection of all improvements. Such acceptance shall not
constitute a waiver of defects by City, nor of the applica~le
statutes of limitation.
8. Alteration to Improvement Plans.
a. Any changes, al terationsor 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 ·secll:rity
required under Section 3. In the event such changes,.
~lterations, or additions exceed.such amounts, Subdivide~ 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 construc:;:t the improvements in
accordance with the City standards in effect at the, time' of th~ir
construction. City reserves the right to modify the standards
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 comp~etion of
the improvements, City may apply the. standards in effect at the
time of the extension.
9. Inj ury to Pub 1 ic Improvements«' Publ ic 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 poiitical 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 shal~ 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, ndt: Eihall any
officer or employee thereof, be liable or responsible for any
accident, loss or damage, rega~dless 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 ris~s shali be the responsibility of and
are hereby assumed by Subdivider.
11. Default of Subdivider. . -''''.~
a. Default of Subdivider shall include,' but-no-f' be
\
AGREEMENTS\AG-21.FRM 7 REV. 10/06/92
• •
limited to, S~divider's failure to timel~commence construction
of the improvements under this agreement; Subdivider's failure to
timeiy 90mplete 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 wi thin 30 days; the commencement of
a foreclosure action against the Subdivision or a portion
thereof·, or any conveyance in lieu or in avoidance of
foreclos'ure; 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
b~ damaged to the extent of the costs of installatiQn of t~e
improvements which Subdivider failed to install. It is
~pecifically recognized that the determination of whether a
reversion to a~reage 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
,Ci ty.. 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 tak.e 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 such event, City, without
liability for so doing, may take possession o·f, and utilize in .
completing the work such materials, appliances, pl~nt and otner
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 ~gainst all lots in Subdiv~sion, 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 ,.CQ~'f:s and
expenses incurred by ci ty in obtaining performan~e Lof such
AGREEMENTS\AG-21.FRM lEY. 10/06/92
· obligations, "ClUding costs of suit andtteasonable attorney's
fees.
e. The failure of City to take an enforcement actiqn
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 improve~ents, 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 Qther
improvements,'pursuant to the provisions of the City ordinances
providing therefore, nor shall anything in this agreement c9mmit
City to any such apportionment.
15. Subdiyider' s Obligation to warn Public OUring
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.
behalf of city an4 recordation
ownership of the improvements
agreement shall vest in City.
Upon acceptance of the work on
of the Notice of Completion,
constructed pursuant to this
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 hO.ld.
harmless City, H::s officials and employees~ from any and all
claims, demands, causes of action, liability or loss of any sQrt,
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 indemnifica,tion and
agreement to hold harmless shall extend to injuri~s to persons,
and damages to or t~king 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 systeI!ls, streets and other
public improvements. Acceptance by the city of the improvements
AGREEMENTS\AG-21.FRM 9 REV_ 10/06/92
r-------------------------------~-----
shall not c!!stitute an assumption Ie 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 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 detective 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 c~used 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 m~lfeasance in approving,
reviewing, checking, o~ correcting any plans or specifications or
in approving, reviewing or inspecting any work or construction.
18. . Sale _ or Disposition of Subdiyision. Sale or other
disposition ot this property will not relieve Subdivider from the
obligations set forth herein. If SUbdiv!der 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 Subdivi~er 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
e»ists, .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 a·ffectthe
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,
resul ting from an act' of Ci ty , or by an act of God, wh!ch
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
-AGREEMENTS\AG-21.FRM 10 lEY. 10/06/92
constitute g01l cause for an extension. ~ a condition of such
extensionr 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
wi th respect to any change in any zoning or building law or
ordinance •
. 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 b~ effective on the date it is delivered
in person, or, if mailed, ort the date of'deposit in the united
States Mail. Notices shall be addressed as folloW's unless a
written change of address is filed with the city:
Notice to City: City Engineer.
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
Notice to Subdivider:
Notice to Surety:
Greystone Homes, Inc.
495 East Rincon, suite 115
Corona, CA 91719
American Motorists Insurance Co.
7470 North Figueroa
Los Angeles, California 90041
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 unles$ 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
enf.orced 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.
agreement
agreement.
III
Incorporation of. Recitals. The Reci tats to this
are hereby incorporated into the terms of this
AGREEMENTS\AG-21.FRM .11 REV. 10/06/92
•. . h' e t t't t~ th 27. Ent1.re Agreement. T 1.S agreemen cons 1. u es e
entire agreement of the parties wi th respect to the subj ect
matter. All modifications, amendment$, 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.
Executed by Subdivider this
19 __
SUBDIVIDER:
. Greystone Homes, Inc.,
a Delaware Corporation
By: fl:d rl L-.d Sign here)
Jack Harter, President
(print name and title here)
________ day of _______________ i
CITY OF' CARLSBAD, a muni9ipal
corporation of the state. of
California
By:~y~~~
for City Manager
Greystone Homes, Inc.,
a Delaware corporation
By: ~S~c~o~t~t~·~~L---~~--~~---
Assis ant Secretary
(Proper notarial acknowledgement of execution by SUBDIVIDER must
be attached)
(President or vice-president and secretary or assistant secretary
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:
RONALD R. BALL
City Attorney
By: ____ ~ ______ ~ ______ ~ ______ _
Deputy City Attorney
AGREEMENTS\AG-21.FRM 12 REV. 10/06192
· -
State of California )
County of Los Angeles )
On July 27, 1994, before me, Sandra K. CAPACITY CLAIMED BY
Mantik, Notary Public in and for said State, SIGNER:
personally appeared Jack R. Harter
.personally known to me, or proved to me on Individuals
the basis' of satisfactory evidence to be --
the person whose name is subscribed --2L Corporate Officer
to the within instrument and acknowledged President
to me that he executed the same in his
authorized capacity and that by his
signature on the instrument the person, Partners --or the ent.ity upon behalf of which the
person acted, executed the within \ instrument.
Corporation as --a Partner
wI~nLn~f~e~l.
Other ..
t. · to. • • • • • • • ttl --@ -~-.. COMM. #99326S SIGNER IS REPRESENTING: i. Notary N* -CGllfamia I
LOS NGBa COUNIY ( Greystone Homes, Inc. J ... , , ,~C::. ~::~ 1:W .,..
THIS CERTIFICATE Title or Type of Document -~div I ?;if t!:7m!1.t-'-
MUST BE ATTACHED Number of Pages ~ Date of Documen --.
TO THE DOCUMENT Signer(s) Other than Named Above
DESCRIBED AT
RIGHT Other Info
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CAUFORNIA }
COUNTY OF RIVERSIDE}
On September 19,1994 before me, Patricia C. Raze, Notary Public,
personally appeared Scott Homan,
personally known to me 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 instrument.
WITNESS my hand and official seal.
OPTfoNAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require Notary to
fill in the data below, doing so may prove in-
valuable to persons relying on the document
Individual
X Corporate Officer:
Assistant Secretary
(Title)
_ Partner(s) Umited
General
__ Attomey.,..in -Fact
_ Trustee(s)
Guardian/Conservator
Other: _---'-__________ _
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR.ENTlTY(IE~):
Gre stone Homes; Inc ..
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT -5.AJJddisl q~ JrY'{h vyl{/~ 115/)1f'
Bond I/)
Though the data requested her. is not required
by law, It could prevent fraudulent reattachment
of this form.
NUMBER OF PAGES: ;-DATE OF DOCl.f.1ENT: . SIGNER(S) OTHER THAN NAMED ABOVE ~---.,.._=::::_-_-_ -"'---'-______ _
.... -----------------------------------------
.". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
P , 0 TECHNOLOGIES
401 west A street
suite 2500
San Dieqo, California 92101
Telephone (619) 232-4466.
•
•
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exhibit· itA"
PRELIMINARY
**** CONSTRUCTION COST ESTIMATE ****
Job: PA242 Estimate date: 11 November 1991
PLANNING AREA 24 UNIT 2 IMPROV. DWG 322-6 By: ROBERTSON 310,3
*** SANITARY SEWERS ***
Mains:
8" Pipe, PVc ••••••••••••••• ~ ••••••
6 ft Pipe, PVC ..••••..•••••••••••••••
Access Hole:
Standard Access Hole •••••••••••• -•••
Hiscellaneous:
I.a.terals .......................... .
*** STORM DRAINAGE ***
Hain Lines:
18" Rep Pipe ...•...••.•.•••••••.•.•
A-4 Cleanouts ••••••• ~ ••••••••••••••
Quant~ty
990 riP
206 riP
unit Cost
29.00
25.00
Hains subtotal:
6EA 2,000.00
Access Hole sUbtotal:
37 EA 700.00
Miscellaneous subtotal:
SANITARY SEWERS total:
71 riP
1 riP
73.00
3,480.00
\
Main Lines subtotal:
Paqe 1 ot 3
Item Total
28,710.00
5;150.00 .. --------.. -~
33,860.00
12,000.00
-~---------.. -12,000.00
25,900.00 ---.. -----------25,900.00
71,160.00
J
5,183.00
3,480.00
-------~------8,663.00
~Constr~ction cost Estimate -PA242
catch Basins:
Type "B" CUrb Inlet ••••••••••••••••
Local Depression •• , •••••••••••••••••
*** ROADWAY/STREET IMPROVEMENTS ***
Pavements:
Asphal t , 4 n • • • • • • • • • • • • •.• • • • • • • • • • •
6" PCC CUrb & Gutter •••••••••••••••
PCC Sidewalk •••••••••••••••••••••••
Pavement Base:
7" Bas' •• !' ••••••••• e-••••••••••••••••
Subqrade preparation •••••••••••••••
Miscellaneous:
Pad. Ramps ••••••••••••••••• ~ •••••••
Street Monuments •••••••••••••••••••
Street Siqns w/Pol ••••••••••••••• , ••
Quantity
2EA
2EA
unit cost
3,150.00
400.00
catch Basins subtotal:
STORM DRAINAGE to~al:
-35775 SF
2523 LF
17056 SF
1.,60
12.60
2.90
Pavements subtotal:
35775 SF
35775 SF
0.98
0.40
Pavement Base subtotal:
'4 EA
7EA
3EA
640.00
330.00
180.00
Miscellaneous subtotal:
ROADWAY/STREET IMPROVEMENTS total:
*** UTILITIES ***
Miscellaneous:
Street Liqhts •••••••••••••••••••••• 6EA 3,150.00
Miscellaneous subtotal:
UTILITIES total:
Page 2 of 3
Item Total
6,300.00
800.00 -------------7,100.00
15,763.00
57,240.00
31,789.80
49,462.40 ------------138,492.20'
35,059.50
14,310.00
49,3-69.50
2,520.00
2,310.'00
540.00 -------------5,370.00
193,231.70
18,900.00 ------------
18,900.00
1:8,900.00
~ Constr~ction cost Estimate -PA242
*** MAJOR CATEGORY TOTALS (without continqencies):
SANITARY SEWERS:
STORM DRAINAGE:
RoApWAY/STREET IMPROVEMENTS:
: UTILITIES:
*** SUMMARY:
CONSTRUCTION COST TOTAL:
CONTINGENCIES @ l5%:
OTHER COSTS:
TOTAL ESTIMATED COST:
ROUNDED COST:
NOTES:
71,760.00
'l5, 763. 00·
193,23l.70
l8,900.00
.299,654.70
44,948.2l
0.00
---~--------.-344,602.9l
345,000.00
,
l ~
~\. V)
':i r,:)
'T
~ .
r J
, ~
0 <'<'\
......... C\) .•
~ '.
~. Since P & D Technoloqies has no control over the cost of labor,
materials, or equ~pment, or over the contractor's methods of determininq
prices, or over competitive biddinq or market conditions·, our opinions
of probable project cost or construction cost provided for herein are to
be made on the basis of our experience and qualifications and represent
our best judqment as desiqn professionals familiar with the construction
industry, but P & D 'l'"echnoloqies cannot, and does not, quarantee that
proposals, bids, or the construction cost will not vary from opinions of
probable cost prepared by tne firm.:
ENGINEER OF WORK:
4u~ /I/n!?1 JOHN W. NO ~OATE
R.C.E. 41002 EXP. 3/31/95
'. 38 ,,"1 '3/3-/ /'13
'~. .. ... -
Paqe 3 of 3
1
I· I I I
'. .. ::' ..
" " ~::
....
t • , ..
~.
~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
•
• .,
P & D'rECHNOLOGIES
401 west A street
suite 2500'
San Dieqo, california 92101
Telephone (619) 232-4466
•
· . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . .
PRELIMINARY
**** CONSTRUCTION COST ESTIMATE ****
Job: P24W2
P~4 UNIT 2 WA'l$R ESTIMATE 310,2
Estimate date: 2 January 1992
By: ROBERTSON
*** WATER DISTRIBUTION ***
Mains:
an Pipe, PVc ••.•••••.•••••••.••••••
Valves:
S" Valve Assembly ••••••••••••••••••
Special Assemblies:
Fire Hydrants ••••••••••••••••••••••
].-" Air/Vac Release •••••••••••• ; ••••
1" M.A.R •••••••••••••••••••••••••••
2'" Blowott •••••••••••••••••••••••••
Quantity
1210 LF
Mains
3EA
Valves
2EA
lEA
2EA
3EA
unit cost
30.00
subtotal:
S20.00
subtotal:
2,520.00
1,150.00
1,000.00
670.00
Item Total
36,300.,00 _ .. ------------
36,300.00
2,460.00
-------------~-" 2,460.00
5,040.00
1,150.00
2,000.00
2,010.00 --------------Special Assemblies subtotal: 10,200.00
Miscellaneous:
1 "I.a.terals ••. -..................... ' ..•.
~st Blocks •• ~ •••••••••••••••••••
35 EA
SEA
720~00
100.00
25,~00.00
:-" 500.-00
, ,
, ' .. ~-------~-
Hiscellaneous subtotal: '~, , 25,700.00. :'
... :.~~.:~:~: ~(~~:i"~' .: .. ~~~.:: .. .;:~ : .'
, 74, 660.00 .. ~ .. :,
" .'
I~'. .-'. ":":' •
WATER DIS'rRIBtJ'rIOH total:
.. :,
. . .. :: '.~' .. <':';'''':' ~:·:';·~.i" .' , '.'.,
'. ..:' ::" ',:' .. ~ ,::'.:-,;:;, Paqe 1 of 2
::"=-~':'~'!:.:, ~;', '~~f, ,~?:~~~~'~~:: (~:~;~:' "7' :-.. ' ,:, ..
... _.. .-"....... ," , .. ' :,:,t~~ /: }~Y:;X~~~f:~:" >~,',~~,-, ~,. ,,'
.. . ::.:"~. . .-:~
.:: ',' ..
C.K.W.D. 91-514
-:-" : .. '. ~ ....
l construction cost Estimate -P24W2
*** MAJOR CATEGOR~ TOTALS (wi thout continqencies) :
WATER DISTRIBUTION:
*** SUMMARY:
CONSTRUCTION COST TOTAL:
CONTINGENCIES @ 15% :
OTHER COSTS:
TOTAL ~STIMATED COST:
ROUNDED COST:
FEE:
74,660.00
.14,660.00
1~,~99.00
0.00 ------------
85,859.00
85,860.00
2,575.00
NOTES: .
~. Since P & 0 Technoloqies' has no control over the cost of labor,
materials, or equipment, or over the contractor's methods of determininq
prices, or over competitive biddinq or market conditions~. our opinions
of probable project cost or construction cost provided for herein are to
be made. on the basis o~ our experience and qualifications and represent
our best judqment as desiqn professionals familiar with the construction
industry, but P & D Technoloqies cannot, and does not, quarantee that
proposals, bids/ or the construction cost will not vary from opinions of
probable cost prepared by the firm. .
ENGINEER OF WORK:
,.
'.
' .
. . ;. .
. ~. :;
'.
~
:~
\:
. '
..
~~ . ~':. :! . -.
. .. ....
~:.
:'.~ .. ;: .. ' .
" .', , .. -,'-... ,'
.,'.~ :'
C.H.W.D •
' . .. . '
.'. ".
.' ."
November 8, 1991
City Of Carlsbad
2075 Las Palmas Drive
Carlsbad, Ca'92009-4859
Attn: Doug Helming
Exhibit "B"
RE: Aviara Planning Area 24 Unit 2
•
~.D lKt'.nala".
5950 La Place Court SuIte 100 .
cartsbad. CA 92008
FAX 6191431·5721
619/431·5722 '
Planning
engineering
Transportation
environmental
E:conomics
Landscape
Architecture
An Employee-Owned Company
The deferred monumentation bond amount for City of Carlsbad
Tract 90-15, Aviara Planninq Area 24 -unit 2 is $5,000.00.
~~ Dale A. Davis
L.S. 5894
Expires 12/3,1/92
I , I.t,-, i/1
-' 1-
CITY OF CARLSBAD
• ENGINEERING DEPARTMENT I
SECURED AGREEMENT INFORMATION SHEET
PROJECT 10 C.T ~ -15 UNIT NO. .2 DATE: ~. /(),19'7z-
~ROJECT NAME AVIM,q . PA·:Ji tJIfJlrUa.1-DEVELOPER NAME AVIIlIZIi lAUD kS.OC--{i:;TeS
Agreement/Security Type Eft. Date Secur. Id No. ·Orig.Amt Sec. Type
SUBDIVISION' IMPROVEMENT AGREEMENT
Drawing No. 32. Z -~ Completion Date 7-1-93
Work Covered :5/reehJ Curbs, Gu.#erJ l du/ewJk.s, r , . »
w..tey.L 8~ ) SJrr."", Dr-ar t\4 sA. L'41J. i rvk
f.. ..,
W'bV.15, 91
--
-#31;5'.000 Faithful Performance Security '?Sf!;lwJtfIo30 !bON 0_
i-. Labor and Materials Security I/o.,. is. q I ~~ /Q07;lyh30 *(7t S(X) ... '-D;IVD
X Monumentation Security Iv&Y.,t~'-91 ~/()07).'1 '31{ *$;Cf;O :. 00 Nt")
DEVELOPMENT IMPROVEMENT AGREEMENT
Drawing No. Completion Date
Work Covered
Faithful Performance Security
Labor and Materials Security
, GRADING" EROSION CONTROL AGREEMENT
Drawing_ No. Permit EXpires
Grading Security
Grading Cash Deposit
PARK·IN·LIEU FEE AGREEMENT
Faithful Performance Security
OTHER (LISn
--
Name of Sur.ety:-r~ AeTNA VSUAl..T"( A~O SOR.E,..{ c". Best Rating _...;.A~ _____ _
Address: ~ CHA~AM Ce~1a..
?,rrS~Ui(..Get-\ l PA: ./5'2-11 >
Financial Size .:xg: -+--
Prepared by: J)0(j=UJ "'. cr==
cc: File .
Bond Technician
P:\OOCS\MISFORMs\TRAN.FRM 'REV 12/16/91
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taBDIVISION IMPROVEMENT AGLwr
DATE OF AGREEMENT: __________________________ ~ ______ ~--~--~
NAME OF SUBDIVIDER: Aviara Land Associates Limited,Partnership
(refe~red to as "SUBDIVIDER")
NAME OF SUBDIVISION: CT 90-15. unit 2; Aviara FA 24
(referred tp as "SUBDIVISION")
TENTATIVE MAP RESOLUTION City Council Resolution No 91-233
AND DATE OF APPROVAL:~ __ ~J~u=1~v~1=6~.~1=9=9=1L-____ ~~ __ ~ ________ __
(referred to as "Resolution of Approval")
IMPROVEMENT PLAN NO(S).:-=D~W~G~N~O~.~3~2~2L-~6L-________ ~~ ______ ~ __ _
(referred to as "Improvement P1ans")
ESTIMATED TOTAL COST OF IMPROVEMENTS: __ ~$=3~4=5,.=OO=O~ •. 0=O~. __________ ___
ESTIMATED TOTAL COST OF MONUMENTATION: __ ~$=5_._0_0~O~.~0~0~ __________ __
SURETY/FINANCIAL INSTITUTION: The Aetna Casual ty and Surety Co.
ADDRESS: Two Chatham Center, Pittsburgh, PA 15219
FORM OF SECURITY: ____ S_u_r_e_t~y~-B-o-n-d----------~----------__ -------
SECURITY ID NOS.: ___ 3_S_B_1_0_0_7_2_9_63_0 __ , __ 3_S_B_1_0_0_7_29_6_3~4 __ ~ ____ ~ ____ ___
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 ci ty 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 anq 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 m~st
have complied with the Resolution of Approval and must have
either (a) completed, in compliance with city Standards, all of
the improvements and land development work required by the
Subdivision Laws or the Resolution of Approval or I (b) have
entered into a secured agreement wi th ci ty to complete the
construction and installation of improvements and land
development within ~ period of time specified by City.
AGREEMEITS\AG~21.FRM 1 REV. 8/28/90
D. In caideration of approval of a'inal subdivision map
for the Subdivision by the Planning commission or City Council
(hereinafter referred to as "Legislative Boct.y"), Subdivider
desires to enter into this agreement, whereby Subdivider promises
1 to install and complete at Subdivider's own expense, all the
public improvement work required by City in connection with the
2 proposed subdivision. Subdivider has secured thi$ agreement with
improvement security required by the Subdivision Laws and
3 approved by the City Attorney.
4 E. Improvemen; plans for the construction, installa..tion
and completion of the improvements "have been prepared by
5 Subdivider and approved by the City Engineer and are incorporated
into this agreement by this reference. All references in this
6 agreement to the improvement plans shall include any
specifications for the improvements as approved by the City
7 Engineer.
8 F." An estimate of the cost of con$tructing the public
improvements and performing· land development wo"rk in connection
9 with the public improvement requirements according to the
improvement plans has been made and approved by the City
10 Engineer. The estimated amount is stat$d on Page 1 of tpe
agreement and the basis for this estimate is attached as Exhibit
11 "A".
G. An estimate of the cost of installing all required
12 Subdivision monuments has been made and approved by the City
Engineer. The estimated amount is stated on Page 1 of the
13 agreement and the basis for this estimate is a..ttached a..s
Exhibit "B".
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H. Subdivider recognizes that by approval of the final
15 subdivision map for Subdivision, City has conferred substantial
rights upon Subdivider, including the right to sell, lease, or
16 finance lots within the Subdivision, and has taken the final act
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. necessary to subdivide the property within the Subdivi$ion.
NOW, THEREFORE, in consideration of the approval and
authorization for recordation .of the final map of the
Subdivision r 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 Subdivisi.on 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 stand·ards as follows:
III
III
AGREEMENTS\AG-21.FRM 2 REV. 8/28/90
............ -..... -.--.--~---~------'-----~---------------------------..I.---.I
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IMPROVEMENTS
ImproVements within Oriole Court, Remsen Court &
Sparrow Place. Improvements include curb.
gutter. asphaltic concrete pavement, sidewalks.
driveway aprons. storm drain and sanitary
sewer facilities. street lights and other
related improvements.
DEADLINE DATE
7/1/93
The Subdivider acknowledges that the improvement plans
have been -p~epared in conformance with the city standards in
effect on the date of improvement plan submi ttal , 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.
d. Acquire and dedicate, or pay the cost of
acquisition by City, all rights-of-way, easements and other
interests in real property requi~ed for construction or
installation of the public improvements, free and clear of all
liens and encumb~ances. 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·
standa:rds. 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 p+ior to:
a. The offer of dedication to city of appropriate
rtghts-of-way, easements or other interest in real property, and
appropriate authorization from the property owner to allow
AGREEMENTS\AG-21.fRM 3 REV. 8/28/90
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construction oJilnstallation of the improv1ltents 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 Clomain law, of an order of
possession. Subdivider shall comply in all respects with the
order of possession. °a~
. 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 ~urnishing 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 pa·rt of the faithful
performance security until release of the faithful performance
security as specified in Paragraph 5, 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·hav~
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 Ohe Year. In addition to arty
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 o:r
defective materials furnished. If within the warranty period any
AGREEMEITS\AG-21.FRM 4 REv.. 8/28/90
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work_ ~r improv.ent or part of any work. improvement dope,'
furnished, installed, constructed or caused to be done,
furnished, installed or constructed by Subdivider fails _ to
fulfill any of the requirements o.f 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. Shbuld
Subdivider fail to act promptly or in accordance wi th 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 ~nd 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.
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,
subj ect-to the provisions of SUbsection 5 b herea·f. 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 a$
the improvement progresses upon application by the 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 ~mprovement work and that the
security shall not be reduced to an amount l~ss than 50% 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 until final completion and
acceptance of tbe 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 mo~ths 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
securi ty • The balance of the. security is to be released upon the
settlement of all cl~ims and obligations for which the security
AGREEJEIITS\AG-21.FRM 5 REV. 8/2~/90
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was given.
d. No security given for the guarantee or warranty of
work shall be released until the expiration of the warranty
period and until any claims filed ,during the warranty period have
been settled. As provided in Paragraph 4, the warranty period
shall not commence until final acceptance of a;I.l work and
improvements by the City council.
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, dete·rmines that
the work has. been completed in accordance with this agreement,
they' shall certify the completion of the public improvements to
the City C01,1ncil. If the City' council dete·rmines that the
improvements have been completed as required by this 'agreement,
it shall accept the improvements wi,thin 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 c!,\anges, al terations or addi tions to the
improvement plans and specifications or to the improvements which
are mutually agreed upon by City and subd.ivider, not exceeding
10% of the original estimated cost of the improvement or $50,000
whichever is less, shall not change the amount of securi ty
required under section 3. In ·the event such changes,
alterations, or additions exceed such amounts, Subdivider shall
provide additional security as required by Paragraph 3 of this
agreement based on the total estimated cost of the improvements
as changed, al tered, or amended, Jllinus any completed partial
releases allowed by Paragraph 5 of this agreement.
b. The Subdivider shall construct the improvements in
accordance with the City standards in .effect at the time o·f their
construction. city reserves the right to modify the standards
AGREEMENTS\AG-21.FRM 6 REv. 8/28/90
applicable to tl' Subdivision and this agrelent, when necessary
to protect the public safety or welfare or comply with applicable
state or federal law or City zoning ordinances. If Subdivider
requests· and is granted an extension of time for completion of
1 the improvements, City may apply the standards in effect at the
time of the extension.
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9. Injury to Public Improvements« Public Property or
Public utility Facilities. Subdivider shall replace or repair
all public improvements, public utilities and surveying or
subdivision monument$ 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 o.f, 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 j 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 wi thin 30 days; t·he 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 reserve$ 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 faileg to install. It is
specifically recognized that the determination of whether a
reversion to acreage or rescission of the Subdivision approval
AGREEMENTS\AG-2'.~RM 7 REV. 8/28/90
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constitutes ari4lldequate remedy for defau. of the Subdivider
shall be reserved to the s9le discretion of City. The City shall
have the right, to.draw upon or utilize the appropriate sec:urity
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 amounts may not reflect the actual cost of con~truction or
installation of the improvements and, therefore, City's damages
for Subdivider's default shall be measured by the actual cost to
the 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 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 s~ch p~operty from the site~ ,
c. Failure of Subdivider to comply with the terms of
this agreement shall constitute consent to the filing by City ot
a notice of violation against all lots in f?ubdivision, 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 ci ty 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 ~ll 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'~ 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
AGREEMEIITS\AG-21.FRM 8 REV. 8128/90
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the apportionmtlt of costs of water andJiter mains, or other
improvements, pursU'ant to the provis-ions 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
2 Construction. Until final acceptance of the improvements,
Subdivider shall give good and adequate warning to the public fo~
3 each and every dangerous condi tion present in improvements,
whether brought to his or her attention by.the city or otherwise,
4 and will take all reasonable actions to protect the public from
such dangerous conditions.
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16. vesting of Ownership.
behalf of City and recordation
ownership of the improvements
agreement shall vest in City.
Upon acceptance of the work on
of the Notice of Completion,
constructed pursuant to tpi$
17. Indemnity/Hold Harmless. The 'City or any officer ot'
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 o·f 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, (:lemands, 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 froll). tlle 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' ot ~ny
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 pursu~nt to
the approved improvements plans or map, regardless o! any action
or inaction taken by the City in approving the plans or map,
uniess the particular improvement design 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 followinq 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
AGREEMENTS\AG-21.FRM 9 REY. 8/28/90
for any nonfea.nce, misfeasance or malfaance .in approving,
reviewing, checking, or correcting any plans or specifications or
in approving, reviewing or inspecting any work or construction.
1 18 ~ Sale or Disposition of Subdivision. Sale or other
disposition of this property will not relieve S~bdivider from the
2 obligations set forth herein. If Subdivider sells the property
or any portion of the property within the subdivision to any
3 other person, the Subdivider may request a novation 'of . this
agreement and a SUbstitution of security. Upon approval of the
4 novation by City and SUbstitution of securities approved by City,
the Subdivider may request a release or reduction of the
5 securities required by this agreement. Nothing in the novation
shall relieve the Subdivider of the obligations ~nder Paragraph
6 17 for the work or improvement done by Subdivider.
7 19. Time is of. the Essence. Time is of the essence in this
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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 d'enial of extension may be
appealed to the City Council within 10 days.
Delay, other than delay in the commencement of work,
resulting froiD. 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 conduc~ing of work, and which
were not caused by or' contributed to by Subdivider, shall
constitute good cause for an extension. A~ a condition of such
extension,. the City Manager or City Council m~y require
Subdivider to furnish new security guaranteeing performance of
this agreement as extended. in an increased amount as· necessary to
compens.ate for any increase in construction costs as determined
by the City Engineer.
21. No vesting of Rights. Performance by SubQivider of
this agreement shall not be construed to vest Subdivider's right
wi th respect to any change in any zoning or building law: or
ordinance. .
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:
AGREEMENTS\AG-21.FRM 10 REV •. 8/28/90
J..
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Notice tot.ty: city Engineer
2075 Las Palmas Drive
Carlsbad, CA 92009-4859
Notice to Subdivider:
Notice to Surety:
Aviara Land Associates Ltd. Partnership
2011 Palomar Airport Road, suite 206
Carlsbad, CA 92009
The Aetna Casualty and Surety Company
Two Chatham Center
Pittsburgh, PA 15219
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 attol;'ney' s fees in enforc~ng the te:t1lls of this
agreement.
26.
agreement
agreement.
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Incorporation of Recitals. The Recitals to this
are hereby' incorporated into the te;rms of this
, ,
AGREEMENTS\AG-21.FRM 11 REV. 8/28/90
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27. Enti.'Agreemerit. This agreeAt constitutes the
entire agreement of the parties wi th respect to the subj ect;
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 app'ropriate party shall be the City Manager.
Executed. by Subdivider. this --=2~5~__ day of November
19~ •.
SUBDIVIDER:
Aviara Land Associate~ Limited
Partnership, A Delaware
Limited Partnership, formerly
Pacific' Rim Land Associates
Limited Partnership, a Delaware
Limited Partnership, as Owner
BY:_~'--' ~_J-:........:. .. ~~~_.~
Ted L. Hoover,
Assistant Secretary
By: Republic Development Company,
A California corporation,
~ral Partner By:~GM1
D.L. Clemens, Vice President
By: ,~.J.Lr ~-
Ted L. Hoover,
Assistant Secretary
CITY OF CARLSBAD, a municipal
corporation of the State Qf
California
for City Manager
(Proper notarial acknowledgement of execution by SUBDIVIDER must
be attached)
(president or vice-president and secretary or assistant secretary
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: 1n~~<IB!QNae, d'R. ,foIll4LD R.. BALL
city Attorney
by:~~/L--~
~ity Attorney
AGREEMEMTS\AG-Z1.FRM 12 REV. 8/2~/90
J
STATE OF CAliFORNIA
SS ..
COUNTY OF San Diego
On November 25. 1991 before me, the undersigned, a Notary Public in and for
said State, personally appeared P.L. Clemens, personally known to me or proved to me QIl
_ ~h8 basi&: of sau&:factoty e~tleftee to be the person who executed the within instrument as
the Vice President and Ted L, Hoover personally known to me~6r proves to me on -the
bft'iis of sfttisfaetory evidence to be the person who executed the within instrument as the
Assistant Secretaty of Aviara Land Company, a Delaware corporation, the corporation that
executed the within instrument on behalf of Aviara Land Associates Limited Partnership,
a Delaware Limited Partnership, the partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same as such partner and that sllch
partnership executed the s~e.
WTINESS my hand and official seal.
(Seal)
•
. OFFI~SEA1. .. ~
-. LUCIA A. O'DWYER Ia~ • .-»GIUI1Y Ii' )' ..........
STATE OF CALIFORNIA
COUNTY OF San Diego
NOTARY PUBLIC
SS:
On November 25. 1991 before me, the undersigned, a Notary Public in and for
said State, personally appeared P.L, Oemens, personally known to me.M ptcwea. to me-.on
-the Basis of saasiaGtory eviaeBee to be the person who executed the. within instrument as
the Vice President, and Ted L. Hoov~r, personally known to me or pf()IJed to me on tae
. basis of saasfaetory eviaeBte to be the person who executed the within instrument as the
Assistant $ecretaty of Republic Development Company, a California corporation, the
corporation that executed the within instrument on behalf of Aviara Land Associates
Limited Partnership, a Delaware Limited Partnership, the partnership that executed the
within instrument, and acknowledged to me that such corporation exeCUted the same as
such partner and that such partnership executed the same.
WTINESS my hand and official seal.
NOTARy PUBUC
(Seal)
I . ,
...
~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
P & D TECHNOLOGIES
401 west A Street
suite 2500
San Diego, California 92101
Telephone (619) 232-4466 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exhibit "A"
PIU: LIMI NARY
**** CONSTRUCTION COST ESTIMATE ****
Job: PA242 Estimate date: 11 NQvember 1991
PLANNING AREA 24 UNIT 2 IMPROV. DWG 322-6 By: ROBERTSON 310,3
*** SANITARY SEWERS ***
Mains:
8" pipe, PVC ••••••••••••••••••••••
6" pipe, PVC ••••••••••••••••••••••
Access Hole:
Standard Access Hole •••••••••••••••
Miscellaneous:
La.terals .......................... .
*** STORM DRAINAGE ***
Main Lines:
18" RCP Pipe •••••••••••••••••••••.••
A-4 Cleanouts ••••••••••••••••••••••
Quantity unit Cost
990 LF 29.00
206 LF 25.00
Mains subtotal:
6 EA 2',000.00
. Access Hole subtotal:
37 EA 700.00
Miscellaneous subtotal:
~
SANITARY SEWERS total:
71 LF
1 LF
73.00
3,480.00
Main Lines subtotal:
. Page 1 of 3
Item Total
28,710.00
5,150.00
~~-----------,
33,860.00
12,000.00 -------------
12,000.00
25,900.00 -------------25,900.,00
71,7'60.00
5,183.00
3,480.00' ----------_ ... -
~,663.00
Gonstruction cost Estimate -PA242
catch Basil;ls:
Type "B" Curb Inlet ••••••••••••••••
Local Depression •••••••••••••••••••.
*** ROADWAY/STREET IMPROVEMENTS ***
Pavements:
Asphal t , 4" ....................... .
6" PCC Curb & Gutter •••••••••••••••
PCC Sidewalk •••••••••••••••••••••••
Pavement Base:
7" Base ••••••..••••••••••.•.•••••••
subgrade Preparation •••••••••••••••
Miscellaneous:
Pede Ramps •••••••••••••••••••••••••
Street Monuments •••••••••••••••••••
Street Signs w/Pole ••••••••••••••••
Quantity
2EA
2 EA
unit cost
3,150.00
400.00
Catch Basins subtotal:
STORM DRAINAGE total.:
35775 SF i.60
2523 LF 12.60
17056 SF 2.90
Pavements subtotal:
35775 SF 0.98
35775 SF 0.40
Pavement Base subtotal:
4 EA 630.00
7 EA 330.00
3 EA 180.00
Miscellaneous subtotal:
ROADWAY/STREET IMPROVEMENTS total:
*** UTILITIES ***
Miscellaneous:
Street Lights •••••••••••••••••••••• 6 EA 3,150.00
Miscellaneous subtotal:
UTILITIES total:
Page 2 of 3
Item Total
6,300.00
8QO.00
7,100.00
15.,763.00
57,240.00
31,789.80
49,462.40
138,492.20
35,059.50
14,310.00
-~-----------49,369.50
2,520.00
2,310.00
540.00 -------------5,370.00
193,2.31.70
18,900.00
------~------18,900.00
18,900.00
€onstruction Cost Estimate -PA242
*** MAJOR CATEGORY TOTALS (without contingencies):
SANITARY SEWERS:
STORM DRAINAGE:
ROADWAY/STREET IMPROVEMENTS:
UTILITIES:
*** SUMMARY:
CONSTRUCTION COST TOTAL:
CONTINGENCIES @ 15%:
OTHER COSTS:
TOTAL ESTIMATED COST:
ROUNDED COST:
NOTES:
71,760.00
15,763.00
193,231.70
18,900.00
299,654.70
44,948.21
0.00
344,602.91
345,000.00
1. Since P & D Technologies has no control over the cost of labor,
materials, or equipment,or over the contractor's methods of determining
prices, or over competitive bidding or market condition$, our opinions
of probable project cost or construction cost provided for her$in are to
be made on the basis of our experience and qualifications and represent
our best judgment as design professionals familiar w!th the construction
industry, but P & D Technologies cannot, and does not, quarantee that
proposals, bids, or the construction cost will not vary from opinions of
probable cost prepared by the" firm. ",
ENGINEER OF WORK:
~~tdn/pi JOHN W. NO ~DATE
R.C.E. 41002 EXP. 3/31/95
381/4 ' "/31/'13
Page 3 of 3
November 8, 1991
city Of Carlsbad
2075 Las Palmas Drive
Carlsbad, Ca 92009-4B59
Attn: Doug Helming
Exhibit "B"
RE: Aviara Planning Area 24 unit 2
PAD Technologies
5950 La Place Court
Suite 100
Carlsbad, CA 92008
FAX 619/431-5721
619/431-5722
Planning
Engineering
Ti"ansportation
Environmental
Economics
Landscape
Architecture
An Employee-Owned Company
The deferred mOr1umentation bond amount for city o'f Carlsbad
Tract 90-15, Aviara Planning Area 24 -unit 2 is $5,OOO.DO.
md~
Dale A. Davis
L.S. 5894
Expires 12/31/92