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)