HomeMy WebLinkAbout1981-08-04; City Council; Resolution 6643L 9
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RESOLUTION NO. 6643
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ACCEPTING THE DEPOSIT OF A CASH BOND FOR GRADING FROM THE SUDAN INTERIOR MISSION AND APPROVING THE GRADING AND EROSION CONTROL AGREEMENT.
WHEREAS, the Carlsbad Municipal Code Section 11.06.080 requires developers
to post a bond in a form prescribed by the City Attorney prior to the issuance
of a grading permit, and
WHEREAS, the City Attorney has agreed that the Sudan Interior Mission may
post a cash bond in the amount prescribed by the City Engineer, and
WHEREAS, said bond shall be posted under the conditions stated on the
attached grading and erosion control agreement (Exhibit A),
NOW, THEREFORE, BE IT RESOLVED that:
1. The City shall hereby accept the deposit of cash as a bond satisfying
Section 11.06.080 of the Carlsbad Municipal Code.
2. The attached grading and erosion control agreement is hereby approved.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on
August 4, 1981 by the following vote, TO WIT:
AYES: Council Members Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: Council Member Packard
RONALD C .,PACKARD , NAY OR
MARY H. CASLER, Vice-Mayor
ATTEST:
(SEAL!
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e EXHIBIT A
GRADING AND EROSION CORTROL AGREEMENT
AME OF DEVELOPER:
AME OF DEVELOPMENT:
NATION OF GRADING:
MGUNT OF SECURITY:
WHEREAS, the Developer named on Line I of Page I hereof , hereinafter
eferred to as DEVELOPER, has applied, pursuant io Chapter 11.06 of the
:arlsbad Kunicipal Code, for a grading permit ta perfom excavation or fill work
ir both, within the City of'carlsbad, State of California, mwe specificalfy
lescribed in the application for grading pa" fo~ the Development named on
-ine 2 of .Page 1 h2reofo located as stated on Line 3 of Page 1 hereuf, is herc-
iy referred to and made a part hereof; and
WHEREAS, the City Engineer has determined ta approve said application and
issue said permit subject to certain conditions as set out in said permit; and
WHEREAS, DEVELOPER is required under the terms of said permit and said
Chapter 11 -06 to furnish a security for the faithful performance of his/her
ob1 igati ons thereunder;
grading permit and to furnish to City good and sufficient security on inrms
approved by City, in the amount of 100% of the estimated cost of said improve-
ments as stated on Line 5 of Page 9 hereof, to assure faithful performance of
this agreement in regards to said grading improvements.
by this agreement shall be filed with the City Clerk or City '... Treasurer -..
required by the City, and when so filed, shalt be incorporated by* reference
herei n .
NOW, THEREFORE, DEVELOPER agrees ta perform all work as specified in the
The securities require
as may b
When said security is provided by the DEVELOPER in the form of a cash
deposit with the City Treasurer, the City agrees to hold these funds in trust
until the terms of this agreement have been met and said deposit has been
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released by the City. The City may deposit or invest -- the cash funds in
Gnterest-bearing obligations or accounts; hny interest earnings shall be
redited to the DEVFLOPER’S trust account at a rate of three hundred basis
oints below the actual investment yield rate earned by the investment of: afl
unds held in trust for said CEVELOPEF,
,uction in interest yield ..- shall be retained by the City to cover the costs of
.dministration of said trust account,
The three! hundred basis point re-
The condition of this obligation 5s such that if the aforementioned bonded
EVELOPER, hi s/her or i ts hei rs executc~rr; adminr’strators , SUCC~SSWS or
kssigns. shall in all things stand t~ and ahid@ by, and well and truly .- keep and
~epfom the work and fulfill the c~nd-ittons of said permit and said Chapter ’IT *I
wid any alternation thereof mde as ther@in provided, on his/hei” ar their part:,
to be kept and performed at the time and s’n the rranner therein specified, an&
in a11 respects according to their true -intent and meaning, and shall indemnify
and save harmless the CITY, its officers. agents and employees, as therein
stipulated, then this obligation shall become null and void; stl-rew-ise, it shaTl
be and remain in full force and effect. .
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As part of the ob1 igatisn secured hereby and in addition to the face
zmount specified therefor, there shall be -included costs and reasonable: ex-
penses and feesp including reasonable attorney’s fees, incurred by the CITY in
successfully enforcing such obligations, all to be taxed as costs and included
in any judgment rendered.
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IN WITNESS WIiEREOF, this instrument bas been duly executed by the
DEVELOPER above mentioned, on - t 19 --
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DEVELOPER
DEVELOPER h
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.APPROVED AS YO FOW:
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VINCENT F. BIUNDO, JR., City Attorney - .
(Notarial acknowledgement of execution by DEVELOPER and Surety must be attached. 1
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