Loading...
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. ",.,,' I I, J" > 2772 SG STEWART TITLE, ~ President e.~4A/6 . CT qb wi S'"-z.. 7{7t-c ~e/Dn..T ,. • 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- -... ---~~-------------------------------------.... '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 r-----------------------~---------------------------------------------------- ~" l 1 2 3 ,4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 , 21 22 23 24 25 26 27 28 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". 14 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 17 18 19 20 21 22 ·23 24 25 26 27 28 . 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 , 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ·21 22 23 24 25 26 27 28 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 $50,000 whichever is less, shall not change the amount of securi ty required under section 3. In ·the event such changes, alterations, or additions exceed such amounts, Subdivider shall provide additional security as required by Paragraph 3 of this agreement based on the total estimated cost of the improvements as changed, al tered, or amended, Jllinus any completed partial releases allowed by Paragraph 5 of this agreement. b. The Subdivider shall construct the improvements in accordance with the City standards in .effect at the time o·f their construction. city reserves the right to modify the standards AGREEMENTS\AG-21.FRM 6 REv. 8/28/90 applicable to tl' Subdivision and this agrelent, when necessary to protect the public safety or welfare or comply with applicable state or federal law or City zoning ordinances. If Subdivider requests· and is granted an extension of time for completion of 1 the improvements, City may apply the standards in effect at the time of the extension. 2 3 4 5 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 25 26 27 28 9. Injury to Public Improvements« Public Property or Public utility Facilities. Subdivider shall replace or repair all public improvements, public utilities and surveying or subdivision monument$ 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. 17 18 19 20 21 22 23 24 25 26 27 28 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 1 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. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ·21 22 23 24 25 26 27 28 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. III III III III III III III III III III III III III 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 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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