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HomeMy WebLinkAbout2023-06-20; City Council; Resolution 2023-180RESOLUTION NO. 2023-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING CARLSBAD COASTAL VIEWS, LLC IN DEFAULT OF THE SUBDIVISION IMPROVEMENT AGREEMENT FOR PROJECT CT 16-04, HIGHLAND VIEW HOMES WHEREAS, the City Council of the City of Carlsbad, California has determined Carlsbad Coastal Views, LLC, or Subdivider, is in default of the Subdivision Improvement Agreement for Project CT 16- 04, Highland View Homes; and WHEREAS, the Highland View Homes Project, or Project, is a subdivision of eight single-family homes, a private stormwater basin and a private common driveway located on Highland Drive, which was approved for construction and issued permits in May 2017; and WHEREAS, the Subdivider has failed to complete the public improvements associated with the Project; and WHEREAS, Carlsbad Municipal Code Section 20.16.100 requires the City Council to declare the Subdivider in default in order for the improvement security to be forfeited to the city for the city to complete the work and seek reimbursement from the Subdivider's surety; and WHEREAS, the city may take over the work and prosecute the same to completion, by contract or by any other method the city may deem advisable, at the expense of the Subdivider, per the Subdivision Improvement Agreement; and WHEREAS, adequate funds are available in the Pavement Management Program, Capital Improvement Program, or CIP, Project No. 6001, to fund the work identified in the final punch list; and WHEREAS, staff will seek reimbursement to the CIP project account from the Subdivider's surety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That Carlsbad Coastal Views, LLC is declared in default of the Subdivision Improvement Agreement for Project CT 16-04, Highland View Homes and the City Manager, or designee, is authorized to draw upon the improvement security to complete the public improvements associated with the Project. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 20th day of June, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL)