Off Docket - Acceptance of Public Improvements and Grading Release of Securities: Los Lomas Estates, TM 4178, M & T Development CompanyTO:
FROM:
INITIATED BY:
DATE:
SUBJECT:
ABSTRACT
AGENDA REPORT
CITY OF POWAY
Honorable Mavor and Members of City Council
James L. Bowersox, City Manager
Alan D. Archibald, Director of Public Services
Alan F. Schuler, Senior Civil Engineer .
August 5, 1986
Acceptance.of.Public I
Release of Securities:
TM 4278, M & T DeveloF
s and Grad
The final map for TM 4278, a 19 -lot single family subdivision located
at the southerly terminus of Gate Drive, was approved by the City
Council on September 3, 1985. A performance agreement, secured with
required improvement securities, was posted by the subdivider at
that time.
The required public improvements and private grading have been completed
and are ready for acceptance by the City.
BACKGROUND
Subject tentative map is a 19 -lot, 45.6 acre, single family residential
subdivision, located approximately 0.3 miles.south of the terminus of.
Gate Drive (Attachment 1).
The developer of this subdivision has notified the City of the compl
of the public improvements and grading and thereby has requested the
acceptance of such improvements and the release of appurtenant
securities and bonds (Attachment 2 & 3).
With respect to the public street improvements, a large.eucalyptus
tree currently encroaches several feet into Gate Drive. A solution
is currently being designed by the developer's engineer. The Director
of Public Services has agreed that $10,000 will cover the cost of
resolving the conflict and the developer has posted $10,000 cash.
In addition, a number of large rocks still must be relocated for
landscaping and erosion protection. The developer has posted $1,000
cash to.assure that work is completed.
ACTION: APPRovED.
1' ob"'Qfiti .
S
AUG,T 1986 ITEM
i r
Agenda Report
Page 2
August 5, 1986
RECOMMENDATION
It is recommended that the City Council accept as complete.the.public
improvement facilities and the private grading within TM 4278 and
authorize release of the following bonds:
13 -46 -15 - $648,800 - Performance Bond, Public Improvements
13 -46 -16 - $ 9,085 - Grading Bond
13 -46 -18 - $ 8,000 - Monumentation Bond
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Attachments:
1. Vicinity Map
2. Performance Bond
3. Grading Bond
4. Monumentation Bond
AUG7 1986 ITEM C..ff- Do "LC-t-
PDiYyY
JOB S /TE
ep ROAO
VICINITY MAP
NO SCALE
CITY OF POWAY
SCALE
l y -
ITEM
TITLE : VICINITY MAP
ATTACHMENT '-1
AUG7 1986 ITEM
BOND N0. 13 46 15
PERFORMANCE BOND
TM 4278 LOS LOMAS ESTATES )
We, LOS LOMAS ESTATES, LTD.-- ---=---------=-- - - - - -, as Principal,
and INSURANCE COMPANY OF THE WEST------------- - - - - -- - as Surety,
jointly and severally, firmly bind ourselves, our heirs, representatives, successors
and assigns, as set forth herein, to the City of Poway ( "City ") for payment of the
penal sum of six hundred forty eight thousand eight hundred U.S. Dollars
648,800'.00 ). .City and'Principal' have entered into an agreement or
are about to enter into the agreement attached hereto, and 'incorporated by reference,
for the construction of public improvements for the above reference property. Surety
herein approves of the terms and conditions of said agreement and binds itself to
faithfully perform the obligations of Principal therein if Principal fails to so per-
form. Surety acknowledges that the agreement herein referenced shall be that docu-
ment as executed by City and Principal.
THE CONDITION'OF THIS OBLIGATION IS SUCH that if the Principal shall.in all
things stand to and abide by, and well and truly keep and perform all of'the cove-
nants, conditions, and provisions in said agreement, and any alteration thereof made
as therein provided, on;Principal's part to be kept and performed at the time and in
the manner therein specified, and shall indemnify and save harmless the City, City's
Engineer, and their consultants, and each of their officials, directors, officers,
employees, and agents, as therein stipulated, then this obligation shall became null
and void; otherwise, it shall be and remain in full iorce.arid effect.
Surety agrees that should it fail to take over and di =l- igently perform.the
agreement upon Principal's default after notice and within the time sPecified in the
agreement, Surety will promptly on demand deposit with City such amount as City may
reasonably estimate as the cost of completing all of Principal's obligations.
Surety's obligation for payment herein shall extend notwithstanding any controversy
between Principal'and City regarding Principal's failure under the agreement.
Principal and.Surety agree that any payment by Surety pursuant to this paragraph
should'be conclusively presumed between the parties herein to relieve, as demanded,
Surety's obligations herein and shall be deemed proper payment as between Principal
and Surety.
Surety agrees that no change, extension of time, alteration, or addition to the
terms of 'the agreement, or the work to be performed thereunder or the plans and spe-
cfications-,,or any matters unknown to Surety which might affect Surety's risk shall
in any wise affect its obligation on this bond, and it does thereby waive notice
thereof.
Principal and Surety agree that if the City is required to engage the services of
an attorney in connection with the enforcement of this bond, each shall pay City's
reasonable attorney's fees incurred, with or without suit, in addition to the above
SUM.
City of Poway) Performance Bond - Page 1 of 2
6/6d)
ATTACHMENT 2
AUG 7 1986 ITEM od-f- o k i'
BOND No. 13 46 16
1• PREMI[* $9,085,00
GRADING PERMIT NO.
GRADING,.PERMITBOND
DIE,. -LOS LOMAS ESTATES, LTD '.---------------------------------
Permittee)
as Principal, and INSURANCE COMPANY OF THE-WEST ----------------
organized and existing under the laws of the State of California, as Surety, are
held and firmly bound unto the City of Poway, State of California, in the just and
full sum of five hundred seven thousand seven hundred fifty -five
U. S. Dollars ($ 507,755.00 ), lawful money of the United States, for the payment
of which, well and truly to be;made, we find ourselves, our heirs, administrators,
executors, successors and ;assigns, jointly and severally, firmly and by these
presents to faithfully perform the obligations of Principal herein referenced if
Principal fails to perform.
The condition of the foregoing obligation is such that whereas said principal has
filed or is about to file with. the City of Poway Engineer, as'City Official, an
application,for a permit to perform excavation.or fill work, or both, within the
City of Poway, County of San Diego, more specifically described in the application
for the grading permit as r.n's Lomas Estates; St u£hPrly tarm;nns of
name of project & short legal description of property)
Gate Drive. (TM 4278• (;- 209 -84)
in accordance with the provision of the City of Poway Ordinance establishing rules
and regulations for grading within the City of Poway. '
NOW, THEREFORE, if the above named principal shall well and truly comply with all
the requirements of the City of Poway Grading Ordinance and,if all of the work
required to be done complies with all of the terms and conditions of-the grading
permit for excavation,or fill,or both,to the satisfaction of the City Official and
is completed within the time limit specified in said grading permit then this
obligation shall:be void and of no effect; otherwise it shall be and remain in
full force and effect obligating Surety to perform as herein set forth.
Surety agrees that should it fail to take over and diligently perform the obli-
gation upon Principal's default after notice and within the time specified in the
notice of said default, Surety will promptly on-demand deposit with City such,
amount as City may reasonably estimate as the cost of completing all of Principal's
obligations. Surety's obligation for payment,herein shall extend notwithstanding
any controversy between Principal and City regarding Principal's'failure under
the obligation. Principal and Surety agree that any payment by Surety pursuant
to this paragraph should be conclusively presumed between the parties herein to
relieve, as demanded, Surety's obligations herein and shall be deemed proper
payment as between Principal and Surety.
The'said Surety „for value received, hereby stipulates and agrees that no change,
extension,of time, alteration or additions to the terms of the'permit or to the
work or improvements to be performed thereunder or to the grading plans attached
City of Poway) Grading Permit Bond
5/83) Page 1 of 4
ATTACHMENT 3
AUG 7 1986 IT ERA Cf4_ Docket
Bond No. 13 46 18
MONUMENT 0
PERFORMANCE BOND
TM 4.-278 LOS LOMAS ESTATES
We, LOS LOMAS' ESTATES. LTD. , as Principal,
and INSURANCE' COMPANY OF THE WEST , as Surety,
jointly'and severally, firmly bind ourselves, our heirs, representatives, successors
and assigns, as set -forth herein, to the city of Poway ( "City ") for payment of the
penal sum of eight thousand U.S. Dollars
08,000.00 ).. City and Principal have entered into an agreement or
are about to enter into the agreement attached..hereto and incorporated by, reference,
for the construction of ;public improvements for the above reference property. Surety
herein approves of the terms and conditions of said agreement and binds- itself to
faithfully perform the obligations of Principal therein,if'Principal fails to so per-
form. Surety acknowledges that the agreement herein referenced shall be that docu-
ment as.executed by City and Principal.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all
things stand to and abide by,, and well and truly keep and,perform all of the cove-
nants, conditions, and provisions, in said, agreement', and any alteration thereof made
as therein provided, on Principal's part to be kept and performed at the time and in
the manner therein specified, and shall indemnify and save harmless the City, City's
Engineer, and their consultants, and each of their officials, directors, officers,
employees, and agents, as therein stipulated, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and effect.
Surety agrees that should it fail to'take over and diligently perform the
agreement upon Principal's default after. notice and,, within the time specified in the
agreement, Surety will promptly on demand deposit with City such amount-as City may
reasonably estimate as the cost of completing all of Principal's obligations.
Surety's obligation for payment herein shall extend notwithstanding any controversy
between Principal and City regarding Principal's failure under the agreement.
Principal and Surety agree that any payment by Surety pursuant to this paragraph
should be conclusively presumed betweem the parties herein to relieve, as demanded,
Surety's obligations herein and 'shall be'deened proper payment as between Principal
and Surety.
Surety agrees that no change, extension of time, alteration, or addition to the
terms of the.agreement, or the cork to be performed thereunder or the plans and spe-
cifications, or any matters unknown to Surety which might affect Surety's risk shall
in any wise affect its obligation on this bond, and it does thereby waive notice
thereof. ,
Principal and Surety agree that if the City is required' to engage the services of
an attorney in connection with the enforcement of this bond, each shall pay City's
reasonable attorney's fees incurred, with or without suit, in addition to the above
SUM.
City of Poway) Performance Bond - Page 1 of 2
6/84) (MJNUM m
ATTACHMENT 4
AUG 7 1986 ITEM Dff- 7ockei