HomeMy WebLinkAbout1992/09/15 Item 12
COUNCIL AGENDA STATEMENT
Item I 2.
Meeting Date 9/15/92
ITEM TITLE: Report on the request of Mark Lancaster regarding improvement of Fifth
Avenue 170
SUBMITTED BY: Director of Public Worksf!f:
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REVffiWED BY: City Manager;l{;, .~ jl (4/5 Vote: Yes_No..xJ
The City is currently widening Fifth Avenue from Naples Street to Orange Avenue and adding
the full spectrum of street improvements (curb, gutter, sidewalks, parkway, street lights, and
drainage structures) in that segment of roadway. The total cost of this CIP project is $896,806.
Consistent with the City's practice of requiring adjacent property owners developing along any
roadway to pay their fair share of the costs of the street improvements, the Engineering
Division, has been planning to recommend that Council establish a reimbursement district
charging such adjacent property owners who develop in the future to pay for their allocable
portion of the costs of the project.
After the project was under construction, the Engineering Division became aware that the prior
owner of two adjacent parcels (1283 ["Bakhtiari's Parcel"] and 1287 ["Lancaster's Parcel"] Fifth
Avenue) had committed, by a Declaration of Covenants recorded against title, to pay for the
costs of street improvements.
Accordingly, the Engineering Division sent Bakhtiari and Lancaster a letter in August, 1992
requesting payment of their proportionate share (based on actual costs of improvements as bid)
of the costs as follows:
1283 Fifth
1287 Fifth/
490 Palomar
Bakhtiari
Lancaster
$ 4,837
$20,381
Upon receipt of this letter, Mr. Mark Lancaster, at the City Council meeting of September 8,
1992, objected to having to pay the amount requested of him on the basis of representations
made in a letter from the Engineering Division, dated September 27, 1988 (Exhibit G).
This report documents why staff has concluded that that reliance is misplaced. The September,
1988 letter was issued by the Engineering Division at a time when they had no knowledge that
Mr. Lancaster's predecessor promised, in the form of a recorded covenant against title, to pay
for the street improvements and at a time when Mr. Lancaster was, or should have been, fully
aware, for 2 years previous, of his own obligation to make the street improvements. It was also
issued, and stated to be issued, at a time when the City was relying on CDBG funds to build the
project. Those funds have since been dedicated to the library construction, and this project is
being funded by Gas Tax and Trans Net through the CIP Program.
Id--I
Page 2, Item 1 ~
Meeting Date 9/15/92
This report also documents that the City has already granted a substantial concession in costs
otherwise chargeable to Mr. Lancaster related to the relocation of street lights, utility relocation,
design and inspection costs. The value of these concessions is not known exactly, but is
estimated to be approximately equal to the amount requested of Mr. Lancaster.
RECOMMENDATION: That Council authorize staff to collect the full cost of the Fifth
Avenue improvements allocated to the Lancaster parcel in the amount of $20,381 and authorize
the City Manager to approve a reasonable payment schedule to accommodate said collection
effort.
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BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
At the Council meeting of September 8, 1992, Mr. Lancaster indicated that he was aware that
he had a Declaration of Covenants recorded against his property that required him to put in the
improvements on Fifth Avenue and that he was probably legally required to bear that cost. He
also indicated that he had been told that the City was putting in the improvements on Fifth
Avenue as a City Capital Improvement Project and that these improvements would not cost him
anything. He indicated that, because of these commitments, it is unfair to him to now have to
bear that cost.
Mr. Lancaster also submitted considerable information for Council's review. Staff has added
a few items not contained in Mr. Lancaster's packet that are also germane to the issue.
Following is a list of all these items, highlighting the appropriate points contained therein:
Exhibit Date Discussion
A 4/22/87 Title report. Item No.4 on sheet 1 refers to the covenant. Sheet 4 of this
exhibit is a copy of a page of the title report obtained by the City when we
were acquiring additional right of way for the Fifth Avenue project. This
report, from Ticor, states much more clearly that the covenant requires
street improvements.
B 1/22/76 Declaration of Covenants for Street Improvements. Required by the County
of San Diego when the property was split into the current lots and recorded
as a lien against the property.
C 5/18/87 Request for Direct Payment to Mr. Lancaster for refund of a duplicate
payment for a deferral application. Page 2 of this exhibit is signed by Mr.
Lancaster and is evidence that we were requiring the improvements as a
condition of his building permit.
D 5/20/87 Building Permit Check list transmitted to Mr. Lancaster as part of his
building permit application process. This shows the requirement for
installation of curb, gutter, and sidewalk.
E 5/26/87 Staff memorandum on the request for deferral of improvements. This staff
report indicates that the deferral was denied and that the improvements
would need to be installed as part of his building permit. There is no
written record that this information was transmitted to Mr. Lancaster, nor
1;1.. .-~
Page 3, Item I~
Meeting Date 9/15/92
that it was adequately followed up to assure that the improvements would
be installed as required.
F 5/27/87 Building Permit application. Page 1 indicates that the permit had been
approved on the basis of a deferral being applied for. The permit was
issued, the house construction completed, final inspection occurred and
occupancy by Mr. Lancaster took place without the improvements on either
Fifth Avenue or Palomar being installed.
G 9/27/88 Letter to Mr. Lancaster in response to his request for assistance on the cost
of installing street improvements. His letter, dated 9/15/88, indicates he
was aware of the requirement to install street improvements on both
Palomar and Fifth. The City's letter indicates that "the City will still be
responsible for the items listed as 1 to 5 above." {These 5 items are the
various improvements on Fifth Avenue.} When this letter was sent, design
staff working on the Fifth Avenue project were unaware of the Declaration
of Covenants for Street Improvements and the project was funded from
Block Grant funds. While the statements in the letter do not reflect the
City's policy of requiring that deferrals be called up when a City project
installs the improvements, it was felt that Block Grant Funding was to
encourage low income housing and could pay for the Fifth Avenue
improvements at this location.
H 2/11/91 In response to Mr. Lancaster's request for information relative to his desire
to file a tentative map, we advised him that he would be required to put in,
or pay for, street improvements as part of the subdivision process. This
letter included some clarification of the 9/27/88 letter (Exhibit G) which
stated the City would pay for the improvements, and that, because the
funding is no longer from Community Development Block Grant, the
condition that the City would pay for the improvements no longer applied.
We also cited the advantages of the City installing the improvements under
the public bidding process as an invitation to share that process with him to
give him the opportunity to get the best cost for his required improvements.
We also indicated that, if the City did the project, he would avoid the cost
of utility relocation and design/inspection costs.
I 2/15/91 Letter from the City's acquisition agent transmitting the offer of $742 for
a small portion of Mr. Lancaster's property required in order to construct
the Fifth Avenue improvements. Mr. Lancaster accepted the offer and was
paid the $742 for the right-of-way. This property was required in order to
install the pedestrian ramp at the corner and to grade to meet the existing
property at the end of the walk. The existing property is considerably
higher than the street.
J 4/26/91 Letter to Mr. Lancaster stating that the City will bear all costs related to the
project, but stating that, if he proceeded with a lot split or building permit,
he would be required to pay for, and/or reimburse the City for the
improvements. The design staff was, still, unaware of the outstanding
Declaration of Covenants for Street improvements and, unfortunately, the
status of the previous building permit requirement. Had we been aware of
either of these, we would have advised him that he needed to pay his share
1~-3
Page 4, Item ) .2..
Meeting Date 9/15/92
of the costs at that time.
K 5/15/92 Letter to the City Council from Mr. Lancaster, requesting that he be
released from the responsibility to pay sewer connection fees, which
appeared on the Council agenda as a written communication at the May 28
meeting. Also included is staffs response to this agenda item and the
Council minutes. Also attached to this exhibit is the sewer connection
permit for his residence at 490 Palomar. This request was apparently for
the connection of a rental unit at 1287 Fifth Avenue which he owns on his
same parcel to the north of his residence since all sewer fees were paid for
his residence's connection in 1987. As per Council instruction, we are
installing all of the missing laterals on Fifth Avenue as part of the road
project where it is feasible to do so, but Mr. Lancaster was not relieved
from the requirement to pay the sewer connection fees and cost of
installation of the laterals. This includes a lateral for his rental property at
1287 Fifth Avenue.
L,M 7/23/91 Two letters regarding the pending improvement of Fifth Avenue sent to all
property owners. These letters were sent to let the community know what
is happening and to solicit their input. While these letters were submitted
by Mr. Lancaster, they show that we invited him to work with us on the
plans and had the opportunity to review the items of construction and to
make less costly suggestions such as removing the retaining wall.
N 7/ 8/92 A letter from Todd Stone, attorney for Mr. Torab Bakhtiari of 1283 Fifth
Avenue, Lancaster's neighbor, requesting information on the declaration of
covenant that was on Mr. Bakhtiari's title. He wanted to know whether or
not the City was going to assess Mr. Bakhtiari for the street improvements
adjacent to his property. Our response, dated August 3, advised him that
we were going to require payment for the improvements in accordance with
the covenant. This letter is what brought the covenant to our attention and
is the same covenant recorded on the Lancaster property.
o 8/25/92 Letter to Mr. Lancaster advising him that we had become aware of the
Covenant of Improvement and that we were requesting that he pay for the
costs of improvements adjacent to his property. These improvements
consisted of curb and gutter, sidewalk, driveway, pavement, pedestrian
ramp, and a retaining wall at a cost of $20,381. The retaining wall was
considered necessary because of the elevation differential of the house above
the road. The standard 2: I cut slope would have gone nearly back to the
house itself, thus having a negative impact. Staff did not include the cost
of relocating the utilities and traffic signal, nor design and inspection costs,
as would have been required under the building permit process. This letter
also advises him that he can work with us to set up a reasonable payment
schedule with yearly payments. We also did not expand the Fifth Avenue
project to include his frontage on Palomar since he did not respond to our
offer to include it in our contract.
I~ - tf
Page 5, Item } ~
Meeting Date 9/15/92
SUMMARY
While the requirements to install the Fifth Avenue improvements should have been pursued when
Mr. Lancaster obtained the building permit, the fact that he escaped the requirement at that time
did not change the fact that he had the previous covenant on his property. The covenant only
came to light after the project was under construction. Additionally, staff has had discussions
with both Mr. Lancaster and his father-in-law, Mr. Imel Willis, at various times concerning the
improvements, which is further evidence that they knew they had a commitment to pay for the
improvements.
All of the documentation indicates that Mr. Lancaster was well aware of his obligation to install
the improvements on both Fifth Avenue and Palomar Street. The title report when he bought
his house gave constructive notice. Exhibit C indicates that he knew of the requirement because
he applied for a deferral. The filing for a deferral is the result of Mr. Lancaster receiving the
information contained in Exhibit D which stated those requirements. Exhibit F, the Building
permit, shows the deferral was applied for. Mr. Lancaster's letter of September IS, 1988
(Exhibit G, page 3) indicates he knew of the requirement. Our response offered to work with
him on the improvements to Palomar. Exhibit H shows that Mr. Lancaster was again told of
the requirement and offered the opportunity to participate. Finally, Exhibit J again told him he
would have to pay.
In summary, Mr. Lancaster has been told many times that he would have to pay for the
improvements, but only has one letter that indicates that he would not have to pay any costs.
Further, that letter was sent by staff without the knowledge that Mr. Lancaster had, or at least
should have had (due to the constructive notice in his title report) that he was bound by a
Declaration of Covenant for Improvements. Staff has also given Mr. Lancaster many
opportunities to participate in the design of the project as it affects his property.
Although the cost of improvements on Mr. Lancaster's property appear to be rather large
($20,381), it should be pointed out that Mr. Lancaster also has a very large lot (130' X 155' =
20,150 S.F.), which is capable of further subdivision. The above letters point out that Mr.
Lancaster has been thinking about that possibility. He has already been relieved of quite a bit
of costs such as traffic signal and street light relocation, utility relocation, and design and
inspection charges. While staff has not had an opportunity to get a good estimate of those costs,
the total of Mr. Lancaster's avoided costs could be nearly as much as he has been asked to pay.
Also, staff has not included the improvements to Palomar Street. While we could initiate an
assessment district to put the Palomar improvements in, staff intends to wait until Mr. Lancaster
takes further action on his proposed lot split and have them done at that time. However, if that
time frame were to become too long, staff could either require the improvements later, or with
a City project on Palomar if such a project were ever initiated.
RELATED SITUATIONS
At the September 8, 1992 Council meeting, Council also asked to be advised as to other
properties that have this same situation of being asked to pay for their share of the
improvements. The only other situation on the Fifth Avenue project is the property at 1283
I;) - os-
Page 6, Item }.J.
Meeting Date 9/15/92
Fifth Avenue owned by Mr. Torab Bakhtiari. This property was created by the same lot split
that created the Lancaster parcel. In fact, Mr. Todd Stone, Attorney at Law, approached the
City about removing the Covenant ofImprovement from his client's title since the improvements
were under construction by the City. Based on Mr. Stone's letter, staff became aware of the
Covenant on the property, informed Mr. Stone of the costs to remove the covenant and also
initiated the letter to Mr. Lancaster to require payment per the Covenant. The amount of Mr.
Bakhtiari's improvements is $4,837. Since we have not had a response from either Mr.
Bakhtiari or Mr. Stone, staff will be pursuing that issue and requesting payment.
After the project is complete and we know all of the costs involved, staff will also pursue
setting up a reimbursement district on all vacant properties so that when they develop, those
property owners will be required to reimburse the City for the cost of those improvements. At
this point in time staff has not had sufficient time to determine how much the reimbursement
would be to the City for these other properties.
Staff is also taking steps to be sure that this type of confusing and contradictory situation does
not develop again. These procedures include researching all parcel maps on adjacent property
for deferrals when the City has a project which installs those improvements. As we have done
in other cases we would call in those deferrals at that time and work with the property owners
earlier in the process. We are also completing a computerized listing of all City deferrals so that
they will be easier to locate. However, we do not have the records from the County in the
Montgomery area in a form other than on the parcel map itself, that would make the information
easy to obtain. When the Geographic Information System is on line and available, the process
will be much easier to research, because all City deferrals will be part of that system. Also,
staff is looking at ways to make sure that improvements are installed when a building permit is
taken out, as should have been done in this instance.
FISCAL IMPACT: The reimbursement to the City for the improvements adjacent to the
Lancaster parcel would be $20,381, and for the Bakhtiari parcel $4,837, to the Gas Tax fund.
CLS:(CLS:A:LANCASTR.l13)
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PROPERTY IMPROVEMENT AGREEMENT
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Illlerorelll<lIO InClUde ,,"I "'"Illl h.,urlts Ihlll it'" SUd.liCT'" ,""OlJnlll(j Sllm lICTCtlSSO"t1S I'e Inl",'prf!'ed la .nC'ude m,,"IClne cablr1els. lowel balS, ;II I t,old'US, S08pcllshes, tllC
TIM! FO'" STARTINQ AND COM"lE11NG ""OJECT: WN'k S"1I11 camment:e WIthin len day,; atlp' 1l1e lasl \0 OCCI.l' 0' the lallow!ng (1) Receipt by the ConllaclOI af aU ~Cessllry buIlding pelmllS.
(21 Ow"., h8li COI'l'\OIil!d wl,h all Tltlml and Contli',of's 0' Ihe AljI.eemarll 10 date: 13\ ~"ce'cl 01 all consl'uCI,on lu~s by escrOW' or Funding Conllol (II any). Subject to adjuslment for lhe abov.
Condil""'"s_wo...""'"b4Qmlloo'o.'....aII!IyOM 'd.~,- -- "':-:.'. (.). Ii (.\ndbell"Mlan1tIlII~t:OmOleledaPP.O.,m"elVon _ .~__3.-----.:_j_ -' P ~
WI'" addihnnlll I'''''' tn"" lifl~,~ ~11I,11'ld 'n DilraQ'IIpt'> enll!ll'ld "Oe!lI~~" fl' th" T",...,~ 11'''''' COndll,()n~ on Ii'll! baek hereol Commeru::emenl OIWOlk shall ~ Defmeda,
------- - ~..-- .....--. --...- .--~.-'- .(BRfEFL y CiESCRIBE TYPE OF WORk RfPRESENTINGCOMMENCEMENT)
ConlraclO" 'allur.IO Sub"anlial..,.. Cotflmtll'lce work, wllhoullaw1ul Ileus., Wllhin rwenty (20) clays ',om lhe Qlle specilie<l aboYe IS a yiOl,lion 011,",. Coolraclo,slIe.".. Law
I .~, COfjTRACT PRICE
'AYMENT:~, aorees 10 cay COntfllclOt '101111 cash p"ce ot s ~'---!..~r--("\ _ _ OWNER rep.esenl. lhalthls 'gleerTlenllS a cash ',.nHClIon .....na,. In no llnanclng 18 Conl.mpIa'ed and
conlraClO' ICIS In lehanee ot'l .alel reprltUfllallon ? "...,
Tt\eptvmenlachedulewltlblt ,,~: -, '-::..J
I'-~.'- .II"^. (-,~ L~_
1110clMl~OIS_ .,/ .l,;~__,121~vmen'SCheduIelSloHowI "r f..", ~" ',V '-'~f (.., t: ""~.:~ ", .
..C:,,5LI-{ .,,1/.', ( r' ^',C ,~ ) .=~e.~(C-__. ,",",' '<"", '-1191 ~llh
~,,~:,;;;;;~ ~'" .L~ w,,~,:L ::,:.~ ;"" ;,,,,,,;, ",;,;.-:,,;;.';,, .", ",,~;~,,~,;,;~;".:m';;","~ ,.;;~~~,;;,,:,~,. '~II"~ .;:!."~ ,~.:. ~;';~'_ e"",,;,., mo, '_'M
Jon j(jle UI'l'il5UCh Ilmf! IS all Ollym""'5 duo, ha..,., been madl! A 'a,lure at PlIyme'lI 10' ill peflod rn ucess of said (S) claYS shalf De Consldeled a mafOl bleach
ConlraClor 01 OoNnet pllor to cOf'I'Ifr'Iencement 01 const'uction and subject I!) lending lnsliluliorl (if any) ~oyal. may f8qUe1l fundlllo be placed in an Escrow 01 Fundng Vouch.r Conltol Service priOr 10
CCl"W'NIneeml!nlol work wilh 'uMS '0 be l2isblJrsed TO eq..tr'Cl0' il'llccoroar.(:lt wilh tl'\e escrow InstlUClions ~ voucher OI"oerl .iQned by lhe ConIIlC1Ot. In the abMnce or an Escrow 01, Funding ConlfOl
Belvle'! funds wltI be pald dilltCIlV 10 the Con".tl". '" aCTcorl1al'lC. \WIlI'I Ihlt l)'09r.1I Dlt'l'fTlltOls schedule 'e'..rtel 10 abovlt
NOTICE TO THE BUYER: (1) Do not sign this agreement belore you read it or lilt contains any blank spaces. (2) You
are entitled to a completely 1II1ed In copy 01 this agreement. Owner acknowledges that he has read and received a
legible copy 01 this agreement signed by Contractor, Including all terms and conditions on the reverse side, before
any work was done, and that he has read and received a legible copy 01 every document that owner has signed
during the negollatlon. II owner cancels this agreement alter the right 01 recisslon has expired, and before com.
mencement 01 construction, he shall pay Contractor the amount 01 expanses Incurred to that date plus loss of prollts.
TERMS AND CONDITIONS
I'R~EG'I~Ti1A\'ON'
I' /
" ,
DATE
ACCEPTED BY CONTRACTOR. SELLER S!GNATURE
x ..
OWNER --B"UYER SIGNATURE-- .~-'~~"
/()
DATE-
x
x
)2-V
."~'""""
.",,-..--
TERMS AND CONDITIONS
CONTRACTOR'S RIGHTS AND RESPONSIBILITIES
CONTRACTOR'S RIQNTS
1 SUBCONTRACfORS CO"'I'.;(;:'.' "', ,;,lI'" nt", . J ", ;'V'I'.:r, C" :",,, h"'"
;' Cr>n!flit!OI I';nl'lll l'Iavo lile Ilgr"l ''1 <;~':'O ""'i'l" '1"'<1 ~~"'~! . ~ft 1'Jt1 1<::'''' " Pllyl"f'''.,,<; ~'''! "01 ITlI'le
If) """"W~1('r; due n.Il'1.eW('l'~ ~hilOl ~w' "'(q"~r. r,." ~r" ..",,';1;',_ '0.' ~ l>(" 00 I')! ^, 'I', !,;n: 1;,'1'0..' H',""
COf\l'ilCtOI "'<lV. III COr.I,;oCll1' ~ or',,,", url"" ,,v,. io,! ..,~"', w' "" ',0',,,, 1""'~"<1 .'''1 ,p,-_"""",
P,l"""""! TOl all WO'~ Ihe1;ljleo il"d "'III,,,_~, r.rfl"'M:~' ',",(":(1"+'1 ~r\(' ~"y ~,'~.'" l(l~\ ~,J~'~,""rJ
I.,CII,dl"O ('AnllllclOI ~ U~. III I..,. ',~), I,-"f""":.' ,1'<': . ',' :"l^."" ,.':')~ ,,,.. [r~r,~.~t~ t.'. ~ '.....n
<I'll", (;r>r'IlI'lc'Or'~ r{'I;"vN'I "0'" ~"''t '.J'" .'\.,' '-I '>'r (<',1":1 cl w'''' "::f'l'~!JP , , ~",
1II1:IS0'1 C\'Ioi"~r, ~"fl': P"l"'(I" 1'1' r__'(""""",~ 'd ,1"C h" ''''~.'()''~,t>'~ I'" ~,.~ 'l~""dOt! ....~'O~q"
,"c.,"" \H lOSS Of "',11"'1'" or' '''I'' C""'",,;,,,~
CClI,I'<l[.Ia'. d! Gont''l(IIJ' S 0('110,1. m~'i iH'" ~f'''c,Lca:'~''~ 11"''1' S" ;", Ie {(""ply WI:h
"".]lIHlm'''''~!i (~! C'0~""""""'1' "(J"'r"". "~',-,\(. '<"'-"';~' 'h'" ~,l-'-' ~-.'t "I""iil
w,--"~ :.J(OCh""iI"'!': If' ';Jot'"" , ,1" I""" '''',It(."'J cl'. d' ~.' ", ','1'"
CONTFlACTOA'S filESPONSIBlllTIES .""OllMlTfO WAR,...""n
1 Cn"lraCIO' ilQ'IH'S 'n "-''''"'' ,>,,, "'.1'f"'"'' 'r,' "': :""..1 <
"""JJ~'''~'',:'~r< m""'"!1 ,." '-'-,;!'IH'.I'!, 'l, 'r, ';"'-'~ Ir" " ", r"" .'''1 ""'- ,
/too ,,'r,'" '''IJ\I:<;tr~ ~IA"'<:la'r:l~ \/,""., ,. .), .,,':j '~"'-""; I'il'," .,,,,.,, ".r~"I""'.i
()r'W)~ ',0:1":: !iub~t"\JI~", ",",~".,. ~:".. , ;I,'.' ',~'" 'I,.'" "'L" ,',I
STnnc"~ bevoi'ld C""'''II':I:)' " I: ').."'" A ,J(>:" ,.'-.~II h,. (r' '. '1-, I"', ;,. "
chalar.'I!H 10 Ihll st!ll.'(~'l""'; ",'",,"''- " , '.:,...' ,I ",., io,:' 'il,H', '.. :'J' 'i 'i 't,; ",:,p I: :f'
G(~E~-:TIVE MATERIALS 0>< 'N',~ III , I,' l~'j '>C H~: lit' fl, , !'," '! [', )~, T,j\ P' ;-'l:'(' Mr'H ':\r1
CORllLCTl(\~ OF SAm [;,q'f(.;i',1 '~I,nrj'AI. M,r),(,r:; !~.~,Tr"_lf,rl(:", .um N(j C~I-<~;'
Cl AIIJS. (JR Df.MANDS WHArS(~'F,.'F." '.:.,.\: B( '.1A;'F ' 1"--:-,', '::r.l Au C:,',' ,~) I,' ,,"!Nf,'t T..r
CONF~ACTOR THIS lllJ:T[[) 'h!.r.:r.t.',", rYlp,: ;'J, ' ',','. >, >-;:--:
TFlAN9'f.AABlE THF.nl IS N', ")I_','f!1'1>'I\"",I\',." '~,':(-j'.HI.',",,, ',,)i' ,....'.
:Mf'l.\lr:.WM~flAt-.lTY ~)f. f "11 '.r,"' ;'~:I ""
\-IIAHPA>r'FS [ITHr.n f '...nl~"
WI fH'N THI~.' r'Anl\(jRf.r., _' """ .,\;1, ,iA!.,I,: y :C,J it.
8UI'_DINC.;N'sPEC:'m,~3".r, t.l1
",...".
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HI'"
,;,,!,-,
NOTl:' THAT EQUIPMENT ASSF".m" 'r.!' OP I_."~IT,S r>: """-:"-"';[[' p" rc-..~qA~':(:'R "in u::,.:;
IN H'IIS CONTRACT ARE :;CH I) ,~'jl) 1',<;1' A: LF r.' 'lliB~fJ:T T" ";l ~;ANU"ACTUF'~l:i'S_-;~
PFlOCrSSOFlS GUARANTEE O~ ....IAll~A~~';;r~, ....h: ''''1'' r:O~, :"""'C1')1': S YC' T "f f'l1(-'iT
PfRt.AlfTED -BY APPLICABLE LJ;.W. Al~ WARIV'N11~S GIVf', 8~ >,AANUFAC:.-Rfns
PFnTAINING TO l.lATERIAlS l.<<;fD s:ty C(:"i"PM~""'r.. ',1'\.)',',[ t"',i', ',I;f.~ "i~: Dn~, r.-"
WILL BF PA.S5t'D TI-IACUGH MIll '~.IJnE' Tr:' ~f;E [I"ll: ,r (','i',"!>
2 .Colil'aclo' ':>oall OJ'I ',.1', ,:,e
1(; lI't, 11",.,1 0' ho<, ~t,,"l\' "',
"','i ..1":
ITEMS NOT AE5PONSlBILlTY OF CO"'T","CTOR.
, f Xlljrll~G '110\ Il,YION,', f,'>I:
any '1 ~ ;<;1 ,r.g 'N)i a) 1(1'1 s ()I ~ ;~c ' 'q " I
ilOJ'lH'lC.r,illt< ,Hil"r)r1(YO' n(I' r;,
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t",~"rqcr"''''''Q'''S '.l' r,,,y VI
0' r..,,"., If'Q'Nt;d. o~. ~"v J'
cnn(j,!oc"', r:all';e<:J t'{p;-r), '.'
01 :1",. >'IV1 VIOll.ll()f'~ <l' d~ '
.....c,:k ""11 ~IH!I; bede<lit w'I" '<'"
" nFLA,,'S Conttllcto' aO'l'f'" Ie ',',:," ,I'
$~,ill' 10m ~)\l '''~IYJ''~:'bl~ I,), 11!
all r>(..:.~r,:~flf\ll:HJild,c'9 pr""~'"
0: hir,,1" '''10 h.F1din9 ~('l"P;l'
emr,I",.,,~S or O,o,'npr'< il(;(>I'I' .-.r'
00',,[ ()'~~ ,;:r ()I'\e' l;ope, ,-,"'m' "f',
II(I!~ ~IV'; co""nct:IJr, I 'd~'"
"~r.")~",,,~ l;! Ge..'!r'rl",,<:r' 1;('
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pa~m,. ',whl.'f' d"'l. ::,: '-~I
01 a"I'I( "l"t! q~'I(""r" .~. ;; I. "
I,"
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OWNER'S RESPONSIBILITIES
UTILITIES
f".. ()w""" ,,; 'ol~rx~"',ll,"
_",' '1' '-',,,'
"',,, .i:~"'.'t.. ,"1'
am""r.' t('1Ir>("mplp'l"g"""''"c.
'"""'~' n h' .
il '5 :~t' (\h"'~;', I(}~(JIH',' ,r I,'
"f!t;'<:l!)(l ~v ll'~ Cl'lr'''n~',,,'
ACCESS TO PROPE~TY
OWr'lft' il(;r,.",~ 1r>1o"{I{:' 'Jr'.,"'....;.. '.-"
;m(1 ~."~~ll'(lLLiQm.,~;l dl,!'N; 1\:;[',
rn,"n'l,ll'I'>"''' f'\.If'''lj I">P ~('.",,'l;' ".1 'N ,\ -,..
AQ''''''''',,''I ~n,~wll' t.., ",1r,',. I,
"'INA.""CINQ
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'1. T.,,, Own..., ,!; '''~p(I'',~,I, ,,' !(', r,,,.,,"iJ ,,,'I.C,Ilr:! "J"(;'; ~:, (;(>''''1'1 ,~" "
(I <:."~,, Ir~r:S'l('''(I''
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INSURANCE
4 O"-lllt" ....Iliov,.h~s" 'I'~,"'a'
have' C'",-' ~,f~ 01 ':'-;" 51" ,
al' ilC h(,d T "'f. In ~,~, 1)1'1(; (> r" v" I to." j ". .'. ",'
It'ill ""1' 1(I~iS I~ payllb"" '(' n',' r, ,_", . > ,.
SU~COIIIIII(I,;r ,I"ll C'l"~-I' .:( I".' " .
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tj Ihl' Ow"", dOf!8 r)O~ 1l'.I~C'\8S{!" "." ",,' i'.I' ,. "'" i
ru ,r: I\~ ~e I! il ~'d (' h 11196 sue " CC',' ; I . (. M'
DAMA.GE OR DESTRUCTION
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r, I!: h ,. r~ :, ~..,., t." 'J"" p' . 1 . r"
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ITEMS E.XCLUDED
2 Un1es,s sPf'cihcaltv agreed 1,JQOfllfll'trlling Qetwe~I1,OWner, ,nd CCntrlClor 'end made
par! of this Agreement. 'u'lder "D~c;crip'lion of Work", "Oesl::,ipllon 01 Mlte,lels"; ~'Speelll'
cal'o~c;", 01 "Planll", 11"11$ con!!!!c! does nOl inClude
a PI\lmb'r,g, Q'~. waSlp. ana waIN :'!les OUtside lourv1alions of 6)1'Istil)g buildlf\911 or any feQuireo
'plf>Cll"""" 0' 'PDlac"~I!r'l1 01 an~ !ilKh f!)'iSllng lineslhal m8Y be dir~elecl wl!hln the boundalleS
d ~".. 'lloW ~l('):",(j liDO' Bd(jI!'Ot1 ,
b J: Il'~! 'I,; ~., <,p''',r". r.,'hf'lr !~II." ii'ldlhon o! circuit ble<<kfllS or ruse blt.k~s 10 ~Islr,bule ,Ieclne
"e'.i:rr'''!w()<J'le'<
A.r:, ",':"', ...'r''':;> ,..',ay b~ lcqullec;l 'ei;)aIOi'1g cesspools 01 ,ep\lctanks:
" p"".)u""Q, ,,,ir)C~I;t10 01 'l.'placir>Q vents, Olpes, duels or conduUS 1'01 Shown orlhose
l'''(:(I\;nle'tod dW""\i c",,~t':JCIIO" 01 ct'ar'lQfts reQuired to "'.isting Wiring, VI:"lls, pipes, duct~ 01
"N':';I."lb I' ;l'!',-" ,,'..I,"~ult,e'J tJ,- ron~IIi,'IfO'1 \)I);e~,', r,ppe,l,ed eISI:wllr,l' l.'.i~lllI\t wlro"(j
,.r,C ,. ":""', ,I' ,,',:~r"; i"'" .''''::''~s'''''(>(~ b',- IroC! O"-l'IHI as i1doq\lil~~ I;' r:H"~ iQ,H1 lor (,.,!,1,~,y
l'Ot: ....~.'. ", IW \,,:"nr--n'''J "~ll:'"
.-. /l,"1't "11111"""'1 ....',.. ''''],m",u lQr "HCllvatIOr1 or 10\indalions due 10 inadeqlJ:Ue Df>iH'''9
r ,i:'~C".,. p, ",(",' J1"'f 1)1"", "'Ht,";al nul ,<)rnOvl:lablo b~ ordiNlry l"iill'ld tooi~,
, A',., VY'"I. ' , : 'Mj"f1aqll ~al!~l1d tiY I~'mlles 01 dry 'ot
""'C"', (" i'''l,,~!;(,r'~ I'om Ihe dr/tw,r,gs 0' speclllcatlon~ Which may De required by .nv
,. _',,"': 'Ol~', " "'. .~, 1~~r,,,,lOl
., '; :,''':'-1' i"r,' 1,11"'9 ~". ~~.Ir'\j. t;';lCl Ill:; ,';\a,,'. r1Q ....<\II~ 'ww or fI,IOCalf'C gull<)IS OJ.1d
(l("'I'~r'\HII~ sve...n 000lS. "-I"B!her s!riDf)lnl), ~t8in'()9, stledlng, landsc80ll1g. Of deco1.llng
A"v .....ry.. r'lf!CftS5il'y 10 COIIIJCl. ch8nl:lt'. .lIel or field Ihe alxlve ilems will be 'conSidered
aOdl!ID"~1 W01K ~nd sr'~I! bf! de'!l1 Wi!tl as Mreifl pIO't'.(J(,U 1m I..inu<'1 "EJ,I(i) WOI~,
MUSUREME""TS
lyl~.)<.,. ~'"("," ':,"eS ano shaOt'$ In piiln!'.lI~d sr'eGll,c<\liol:S are app'o.imale and sublect
',- '",., J" t, .;',,'~ :'10('% 1,"'l',...-iVJ ~;!,('r.,T'(!d 11.11 dil-nenSi(ms <lre e'''lt-rlo, oim''1slori.. In Ihe
,,' , "", ...11111> !t.l;, ~liI"r, :;pt:lcllical'oll~ clc M~O Ihe .",peen,,,nl lr>i~ AQreernenl
'> ,<~"" (, "Q C>.!r-r' II! 'u' Ib "0' rl:lspoJ1s:t!lft rOI 3'lV t1~I~"ng Illegal condlhOI1&
l<il.. TEFllAL ~EMOVED AND DEBRIS
,\ ,.,~", "r.-' "lr,l"\ l~!'..<.;,.",le:J by ()Y-Inl:!' 111 ""Iiling prlol to CQITI'l1enCe'l1flnt O! <:On!\truct.on,
"0' "Acn' nwy 1'';0<'$(1 ~,I ~I: mlt'l'IlIill lOfllOVt<1 110m slruclures in COLr~H 01 aller.lion Allo
Con',~c'n, ,~ '0 ,,,j"f"N~ oon,Uu,-l,r,n dNifl:<;-al ('no 'Jl plvleot and ledvll jJIlJrnl.Ill!!i.n n..I.
t"00r1I.c;eanC,!I){iII,O"
FlOOR COVERING
."t" ,f>I"C,II(:,I', a\l'C'~d liJ'lOn lIT 'NI'"r" li(lO' cc,v{>"ng tl; r',OI co~er(1(J IInCllJr IhlS Agrlte'
AOOITlONAl ~EOU'lIiEME'lTS FOlli COMPLETION
11','.,11) ruHV '.)v, I;'" ,'" ;po" ,'J:.I'JIII(.(\J 'bQL.;, ,': "~Il~, ::'4lC,:,ssarV 10
, , ' :rt' II?" A r.,! ~ \;r,5eq~.. .;'~1 '\'"",~'o"ll'n I 1'11C:O'f:( ,j t I ",1 :)1 iji.j! tlprnen1.
;,n, ',:c,_, j':f' :t."s -",n"~." "\:J ....hler., , ';'gl'I,-, (" ",,\'r,-'~ b, ;':(Irlllat tCl and
"f.... fO d :,~': (,;! I'H~ (:,'.nl"Jc-t "",,~ ~i,~11 tit< CQ'd'()lill1~ I" r;abt1 tll Conrh~1. to
".f' ~':r' ': :',;j' ,1",1',,' or>!r;\'.1
EXTRA WORK
iv, ~'"
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">f: C;jr,"" . 1'1 {"i'.' ,t'il .....Ol~ W;lW( : Ih",wr,\lufi ,\,,11'0'
I', ~:I'I,',' "(i"!'" "r, I ",' I;'.: ",.) ilgr'HlO :J:,,',I: :,:'I(j ""y (11.,J"\lllti.n
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I:: r,'. r''',j'-~, ".'; :'11' Ii',"" >'>':'" p:~,,"f'~~t':, (:OPL.:I'''I,tl', .~.,trl nilyrnnnt~.
1[-' (:,,,....(:' ,~;I',,;U":t'lj
ST.ANOARDS FO~ SPECIFICATIONS
, ,
. '''''1 PH'! ",' I',l.' 1-;IIOW"'9 i~ "cil>r,"_; ,r> IhiS ,\gleefT'llln\ undo' ~pe:cUicallon. lhe
"""'-1 .'.' , ~r.'[,h /." c~t',""~~ I~' !.?{' ", I'll <,;,;,';1' '1' IT -;81Tll! IS no:ed ~G blJ Olht:1 Ihlin pillnl
I .' ''-'';' <. (WS','l,-('i ,'" ,.'1 \:'IO,r.(" ~'~iK',IS to toe h~tld t;;ol'sl'uCI,Q:l. Alllll!l>dfr
i"~, t:,.l\e'IJS -I'd ,1:,!I'!l<in~ "'<lY tit> 01 01N!fSr'El..:ln t~.UI1 O~PO$ed
',,~: to .i(,'ld s10\~, r-'y'....C-1Xl ,',( ~JII"'e IXM:d with I,.(,Cl :l.tltll.,.a~ withou'
'!.";I~: \(, DO ,...h,I,:,' co;or ~nrJ $'llec!tld bV COI1'r;;~~(;:. Ai! a~ha':r:n /tnd
", t't I, ."'Jl"~ n'(;dft~$ Mod;ciM ~ablne1S to Ll4' single leC8$IE'd, .nu melfll Tile, II
'u ."IN :: L,~ r:l: ",\'~t,c. n(Jn,JCCOr;l~()I, 4 ','.. ,,411." A~' fi'eplace;> Ip be,n~wl.e.dt;vll;.k and
"'W ';H f'",'qr'T All f'~~liI '~,J11"11"1~ 'erna,n me plopeftv 01 Ihe ConlllctOl l! ;In.,. 0IH1t"r1"l1ll16rflal'
,~..o ,a'~ 11(.'('1 !~:(' abov<1 such YlIlilllion'muS! be aurVe4 upon' belween' COnliictOl and
eN.'" I" .....::,G~, d"O "s:od if' ,rlls A-;llet;n;"nl ,.mUtH "SpecilicallOll~I',_ :'D(f~r,rlptlon 01
M"lf"".i1~ 01 J'~i", ',tid 10 I',i:; ^gr.'enenl ",nu inlliillt'd bV Owner arid C(!r'l'lr;Ic!Ol'; .'
COR~ECTIVE WORK .
" ":"'u' ;,:"lto~.~I",e Of 'epa., WO," ItllllllLJl(: tt) bl< linish.O airel the prolecl is reedy lor
:~1",. ~'''''1'1c'''1' M"~'I (1)'(01'1' wO'k e~pedltlC'>\Js\V and Ownltr ~hiltl )'1C\t wlltlold anV
"'1 ~,-,~, i'l"N~ "C;' '..""PlfloC;" oj oW." W{)I>-
,i<<,':' "":'11','1' ,;, '('Pil" WNk 'cm,ms 10 be IIJ1lshl!d alte'!he bt.jildin~ ISleai;!1'IR',,,Of~UPl(lCY.
; "f! ' C'~! ,,~" !!'e,l'; CJr." 111 pe'eor:1 ot I~e llros~ contfac! pi lee, Ihe Ownel m.y .....Ithhold
';".'- " ,I'., P~'f j", rc,.-nplOhH: ol]h~ wOlk p(.'nd'ng complelion olltle WOlk, but me.,.
-,()Iw, ',',(,'d il",J'-,vu.lI...."'Cr..'c;\1rl.'alel
GENEfilAL
T",~ V:lllllar.t. 'nClvdi"Q Lneorporl!l'ed aoclJlT1enls. conStllutes Ihe entire ag/eemenl 01 ItIe
~''''~Ie~ ~~O (1!r'1l1 ~"al 0' w"llen a9'ftemenl~ belwt'en COnlraetor and ONner, 1.Q8ldlng
"'.)"..."L"llo,",;r'llf' 1'1I,lorme(le~'Sl
',,' ,11;' ~,,,,,,,- I "~f111 tm CQn~'r:~d in acco'dance w.th, IInd Qoverned DV. tnelaws 01 the
'-,' ;'" "I ;l',le 'Il'~
NOTICE
'P;:.I""lc" l'fwl"t'ndl'''Ot'1 ltIil; COI1I'ij,CI may be QI"l'lf' by ordln IIr1'ma'lsenl10
'",. ,':1""r,~s u' \:':".", :',,, O.....nfll 1)1 C'"YiI'ac:o,.as lis-loo In this conlrllc1. DI,1 tr.e a<:lClless ma\l be
',)C,g,',,,! flY ....r1::,,~ 'H.1!'cel'(l'l"f ''''I! pall~ 10 t'1l! Olhe. NOlice i$ CooS'C1~red roco,vo<:lli.... (51
dey, a!lr[ dPPO~'IOd In Ihe mull, poslage prapllid
ARBITRATION - VA.L1DITY - DAMAGES
/to"y rr"nl)"~f~y 1.11 Cla'!'Tl a"s"'9 au! 01 (')I rela!IKI 10 tni!l conlract. 01 !ht' breach lht!'t'ol
.'1'''J~" d'li'tr~ltll '" llV;O,1i:lllr:e v"'h II'.. Conslruction Inausl,y Art>ltrilllon Rules
'""" 1'1 A.."t'~'i',., A.";~')(:'III'Ol' and luOg'''~''1 upor' tht' Ilw.vd randE"f\(l bV !nil
"IP"{',: '" 1"'" (:"..'1 '1;"',nc I'_"'~dk"('" ~hp.I.I1n! CliO'_"'- w'1I1."."", (TlI"l-(l(>l'lf'Y
C()I1Uq";,,, <;ilt,~eU cy p<;.<)'
01 ;in, ~'IV; VI(J'il',,"'~ ," ;:.,
;;", I''''''
,r.,. '.-,-,''';(11,-",
.....(,;k d"., ~nJil be deall WI!" (I" ".,., ; l.( " ,',
t PFLI\.Y,'3 Conlr!lCl0' ~(,l'f>f'~i ~ ",'0" il"" "f"
SI1,;I:'"lo; t:;e IflSfYJ"Slb'~ ;(1' 'l~',I'!' . "I '.
all r1l'CP'%iHYl:Juildir.g D/"", " ,~{
o~ !,,r..:lS.If110 fU'lel;r\g CO""'::" ,'" :.
Elf1"1~)I('lyII"'S ':Or O""ne,.~ ilC"''1: "t
bOiC Oi ~ ~ .;., 1 O! ~'I!' Il.ltl()' ~"h11' ".. I "i ',':.... .',
lie,I\' ".r ,.1\'11 c6""'nc:'0r.. 1'.,lt:';
HT1M~I;,"~ (;! G("''l''rL'"''~''''' [H'
Cllym" .<; When d',,~. 0' ,jr
cf ;),,\"'(..1.:,,('1 gt'Nf>"'''''>~ "I f-,,,"
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OWNER'S RESPONSIBILITIES
UTILITIES
n", ()w",t., ,,; ''''lr''G'''.,~ '., .
:l" "'1'"
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iHl~r-r;... !:> IN~ ""'l'ff!'I"~ "'I",,~r' ,~,,'
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II '5 1".( O""lr'."~ '0~pnF'.,r .~"
nP.e<.io(\ by lh", C<:1~,IOllc:~r;'
ACCESS TO P,.OPEftTV
DW"'flr a(irllm; 10 kft'P:)f'""\o,:,.,, ,'..,'.-. '(J
;md ::.!r.i:!r ll(jlJiom(l~t dur;"q nO"7u 'N ,'h(l.~ '
moll'Hi,11'"""'" nil""!; I"@ s['r.''''I; ",1 ",c,
A9'NlMnrll ~..,(l WI Ii !',o!I ",l~"'" I"
FINI\NCINQ
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INSURANCE
4 OWrl(lr "".I:Db,~h"UI+< 'I''''j'~,'''.'' ...~ "..' ~<Ol)""(.' t)(.'" ,.,.... "10.,;" ",~, I'., ,..).,.
tlavo C"I,I ~e q1. ,:(,"~HI.;.:: 'Ii," ~ 1
!illil,hfld r"'ll In~:,'i!lnc.... musl r', .~. <I" d'r,',c .. d' :~;j:, "'.: ",,' "','0 .: ,. "I ,.. ,;)(:
tlla! it'll' Imls I'S o;)yal)l,! '0 P'n ,:>.",",1:"" ~"" .... ".'
Sub.:onllllcl,)r !\"U Cor'~,lr,..( '" .; '. ,~. '1.,: ',;" ,,,,
t! I~" O\IIn~, do~s'iot p~oc~ilse . ,0'" ",)' I
f1\Jrc"'p.se ,! 11'10 f~1iHQe Sli(h CO';~ '( ~I {. )....
DAMAGE OR DESlftUCTlON
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(l!'.e;)d~ dlIru.' t,!y t"'!l Co~.t'aclu'. t".CC'l!!j<, IlIIr''':" ""., :;;,r ..~C :,:,"~'r' ..." I ',,'
has 111<) onllO!'l In r:.'\'lc"l Tnt' r'l''''~' I tlL.! -' '''" ";-".,,, .r,,'.' '~~.: ,..,.., ~.,. r
In, <1'1 C(l';l~ Ir'fLH'(>,1pll;', (.1')0"'.",
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b)'CtWh!lr.W' 'r;,1I1'f!n! r'~"""":"
OWNER'S PROPERTY
6 II.~ Tl',(') C'wnr:1 ~ 'r~p'\!'~.r '..... '" 'I"~'(;," ... '~, I ~r., r,,,'''.~'';, [)':".rwT, I"J
nol Ilmllld !C1. C(l'(lol~. dr"'.,..... 'I;'~' 'J'n ,j"',,,,,,,y' ~"" '. ;,....c: ',>,'"t..,. ~r"1 r":r,r,' ,e, "'''i
l)f! 1'll"ld 't''lM''l\ibl.. 10/ d~""'~p('~ '" I".". <'1! ,,;'jr~ 'I""'"
NOTICE. OF COMPLETION
7 o,...n81 i!lQIgeS ~o S~II ar'd recc'd a Nct!Cl'1 01 C.-:rr:, ..',' ....,:.'.Ir' he :~i ddf~ aile' :n" I:)'::'I(;C;
IS SlJbstlln!illll~ c()mplelt'd !lnd ,parlv 1", ')(;<:'.I0il~Cy ~~'i ,".' 1;, i",,, ()wr;!J' 1(, d~, so ~'JI~IO"le~
tile eon,';lIC1(H 10 ael "'~ ",~ 0w"".,~ H':;"~' ,~,. ,.;r .I""C: ".r'I.,"J ~ f.,(,'''',. -,' Co""'n,"1'(,;~ l";~
Ilgltncy IS irrP.'vOCllhle 81''.1 ,~ ,1" .1/l'9fV:Y "I'J(;II'\1 ","" I'i ,r'Q'(,;, "h "'F,""~' ."~
I.gn! tl'l bill <'lec'upa"c", I)' Ihl'! ~'n,,.rt hy OW"'" ".' ~ "".".,, "",~ ,I'" C<:'~"~ I.i'" ..~, ".""('
alllJilv."r\(.'''~ (.ju~ u~r!~, tr-,:, C'.l'1~',l ,.\. "'." " "'1
.." a"'1T~.f" ~"'h.,, ,.." !"" ,,,.. "..y.'", "',
conside'ed ct'Jmn1etaQ. II II lu,.,(lI"lQ '" "'~l ('".~'I'" I~ I'~~.' "V:''''''i ,~~, !>.~ rr~' ~!Inl a'~"
as lhe Owner S agt'fll p"!d ~'(ln M('j '""Na 0 '~O!'C" (" (c.r r::I'IIC'
aOUNDAAV LINES
8 TI'<~ OW",,' 'lttl'~!e'1!~ Iha'"'' <:1"'~S 'hl! :')'('1\')0"1" W>'.~o.. f')"~II, C"".. ~ 'D r(~,,' I' s !"<:'
OWI11'1 ~ dilly to tl'W" (".II t>ow',lil'" I,~,'~ 'J' 1"1' (',"n..' '., ~""J re"..' '"iO')'1S,ri''' ....~
ar;cuIOI~y 0' suer !,""~ ~"r:l "'n.... ''''', ~." ,,,, 'f"'''.''''! ~ '~';"I, ~.~;'~ ,I 'l"~ ",~ "'~ U""~'" .'. 'I
CiW lor a ~i'" "'("i~' "'10: ~:' ",".
EASEMENT.s, FTC.
!I P"l,lr 10 CI1!lSI'OCli<:1" 'hI') Ow,,'" '. '" G'lIe ,~" r:.-,r'T'~,- ". ~ :<'.1(".. .:! .,.,., "~':"-"<!l" "'Sl',-~' ."\
nr 'IQ~'I.~ 01 w~y ,ploll'''9 !I) ~.," ::'~,rw", "~",.."" 1 "", --,..' "rl~' ,'i..:'
maT p(,,,,,, f!"~:
ENGI~EERING AND QEOLOQ'r'
'0 U...!~~~ ~p~c:1i~ll!I'i ~r.'f>('~ ur',I')" ,,., W"':',.:J t<l',....I:'~.. O...~r' J"''1 C(;.rt'~c'o' ~~.d "1;lele a
pa'~ 1:1' !hI'; Aq"'em"~1 ';"';iIr' . "~..'".. ,;1 ,,""',",C , "(I.rlll" C"' "',!!f>"II!~ Sr-ec
,!,,"&t'\"rl'. ~ 0' "I'!il."~" ,~,: l....i....".',....,., '1(,,-'< n"~ 10KI'.):11! ;'~'. c" :;"",-..""'<: 0' qN!lu,",' S,JI,':',1
rj'ilW.r''l~. '..!.1'Jd'IJ'i rep'-\I!~ ro : ,,' '''.,1, ~" 't"l'..I('~ t." :1 p"t,'I(; !)),l, C" I' o:le'
,<; ,II ' . '" .;~ .J C"/ (j,t,( !'" ,'.,", ,~ t'",," C'~" J . ,,' ',1.: ,e, ", :.~ w''; ",,.
bU,16"', "rd'
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OTHER
D~AW1~as AND SPEt':I,:'ICA!IONS
1 n'l! fl'oil'.(1 ~I' i r,'. ',,1
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r)I~""'..",,'" ''-I':I)''''!'r:,~:'" r .
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serV'C(l. 8<10 Oi"'", ul'hi,"~ ,':C,.(]" ; e."M'
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f v \ <!'Ii"",.),~ Ti(' i;)rIllh'J ~:(.II:IiI(!CI .;!~~I Oc (Qll'Ipl.ms:i\I~J in ~I. jjnK),". \() be (JEl\emw\tllJ
,.!", i~'.f' '.""'J \' 1:; n,'rt~""'.'J ;;,,(~ "1.,,' J'l"'(l,;"!nC'\,Q'I1G C()n\rn(~O~ , u~Ucll !ijt' 10/
, I.': ( I:i rJl' ,,- <.I'lt .,~ It,(, It'.'' , ",'r~'". p'J~'.'1't!;SI!~. t:OPI:UP '1"'\11 'NIl!' p<lyrno",l'
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STliNOAIIlDS FOR 'iPECIFlCATlONS
,. , ,,-
"'J I);"! ';' :"f!' l')IoOW"19'~ ,,(llJl.. ~ I" Itlis AQreamen\ undOI ~pecllicallon,.1he
.,~ ,~' 'rr,l. I-. ~ai;,;'.",'S I"~ 1.-1.' ",'n: (1,-,,0" 0' I! <;art1l)' I~; noied:o bo olhe, lhdn paint
',"" ...(."...." "(H"S'.".,c:,.'n ..'I '-',.n'~.('1 :')[XJ,t. to be hplJtlU CO'IS1rUl'IIO,"I, All .""(l,,
I)()' , ,.~ ':"..~" at, ,.:'",.....s, t"',J!..hefl'1S ,,~d p~,~t'IIG"S '''<ly 0I.t 01 o!l1e'.'Specl\!s l~.an ("l-X)$f/d
plY!lo":" 1.),,1 "<.>lI"n1,'O 10 ~G!O Slo.;:~" pl)'WOOd, ," por!lo;.le l>O;Hd wilt, !".cd ~tU:li\{l!t' wilhovl
:.n;...~, A'I pll,'''''l;'~(j '" IU'05 Ie, D6 wl1ill! ," COIOI illlr) ~'II~Cl&d I:ly COI1\ri;lC~(i~. All appll,Wr;e11 /'lnd
"At"I1.l', Iii Df: fl\llldf'!~ (m,o(jfll& Modicine '::llblMIS 10 1;, 'SlnOI.. ftC'SIl'd, 8'lU m"al Tile. II
'-"..HI~ I'; I,' 'k;" l'~~IC, n~rhJc::olat~)!, ~ ",." ".t V." All !ir,pl.ce~ 10 be n~ red\lJlo;.k ana
'" ,,,,... ~'~'qt,: ,1" ""r,1 '''I'IRIJ>lI.~ '(!'Y1il:n J~I!I prClperty clltle CO,.,llacto' IIl'1nyolll'1e rT'Illlrlflal'S
;''''J,''''. """" 'r.(I ~bove. SLJd' Vi-naHan must btt all108'<l uPOn' b'etwfien Contraclor and
iJ"""h" ",~ M'd 'Is:"d in trlr~ Agle!:rllenl,under "SpeCill(;ation~i',/'O(f'Crlption 01
Mil"" I)' :l."..r;l(:IOI~rl~A\lrOe'nent~~ldi';otillwobyOWnelandCvn'i",'dOl'" .... :-:
CORRECTIVE WORK >
:; II ~nl~Qf C(){'e~:11..e or ,sp.1I' WQr~ Temaln" to be hnl&"'d aller the project is ready lor
r}cc'Jr(l~I~y Conll.lclor ~n~11 oOllorm wO'k e~~lt,ouSly and Ow-'ler shall rOI wllhold any
pay"Tl€"'\ pen('j:ng (c.mple\lon 01 wet< wor..
'. "Ii''''" 1,,'(."!lvP)r 'oo;J.1 wo,k I,-,mll'n~ loDe hn'ShI.!(l allar lhebl.Jll(lin!)1$ i$a~..!}f~?l.J.peQCY,
." "p ((-';' IlU;l'IJ<.l'.l onp 11) porCllnl ollhe \lIon contract PI Ice, the Owner. may wllhhold
1.;i<Y Ie.- ~O'nplcl;on 01 thi!' wfJrk, pendlnl;J complell(')1'1 of Ihe woik, but may
".1-""<!,v.c,'""I.".'llrh:s;,pat,,r
OENEP.AL
[",~ (;")I1:q,., <1c.-~(\inQ ,nco'po,aled oocl.Jlnents, const'tutes the entire aO'eemen! of lht
~':1'!1t" >../r) (11"ftr r"iI' 0' ""If!!!!n ag'Aomen!s belwE'B" Contractol and Own", l.ga'Cling
cor'~"I,C1'On lObE' De'lormeele~'SI
1 !'l,S iiqlllem""n !;nalf be ConS!rued In accorOano. wIII'1, and oo\{erned!)y. melew, ollh.
'i1~'QOI Cablor",it
NOTICE
(, , "'>, "'d 0' ['''''1'!1'''0 Unclt>, !hl~ COlll'Il!':1 may l)e given tly ordinaly mail s.ntlO
" ,::~'''~S'' 'r",: ''''i! O.....nt,r 0' C;orrlrac:ol as listed in Ihl8 contraol. b",1 me address may be
"'~'.':: ~:. "'''~ onilee I,Cl'" U"~ pan)" to t'1e ott'e~ NOllce is conSidlHfld reCOtved live (5)
1Fi"~, .~""r ,1~1)('<"r'';J 11he 'nil". pnslage prepaid
ARBITRATION - VALIDITY.... DAMAGES
h1, ..,~Pr:-V'''~i III cia.m arls.ng nUl Of (lI relBted 10 Tl1is cor-tlael (l< the breaCh lt1elllof
"'!'r'd ~)I-' :rIJ;"~l[.i" '" I:ICCO'ddnce .....1~ II".' ConS1fuction InClu~IIY Altll!ri:lllon A....les
<)1 I"" '1'l'''"~a') <l.'t'il'~"i()'" A.:~sOClili'on. and lodgr-'efll upon lhe Itwil'd 'endE'led by The
",t"~<~\('IIS) rnilY be wlJe'm) in any COIJrt having juriSdlc;\ion lheleot Claims wilnin ll'\e monelary
l~rn,1 r" "": ::"',1!' CiilqT1~ COVI shall bt' liligJled ir. Such r.DUrl <l! Ihe rOQues: ()t e,mer party
,)~" [I 'T10'~ ','; lhl;' pIOl'isJo", 01 Ihl~ Agrf'ernenl Of a'll' applica!iOll1t'ereof 's".ii~ 'r\vlllld,
"~r,'(I r.>r '1"'1111 In€' Vii',W:y, fI'lrorcoab,l,ly ",nc legal;ly ot !he I(!malnlng PfOVISIO"'"
d,')" ",..II" ~ ilnv Wily tJ!:' ''Tlfl.wE'd H1eretly Ar'I,' c1anllLQitS 10! wh!l.;h
, "'''Y :.... '1:<I>It" 10 OW'II:I ';'\ilIJ f"lnl ,n any OVON. exceed tI...~ pnct' oj Inis ~oulrll'::'
NOTICE TO OWNER . . . '. ., .
rl"t, ""d v('Ocr ;sr, C~; llfln Law ;lfly COflt'Mlo'. sIJoeollt'lIC'or;'lilhorM. SI.JOploer
.,..., ;:" '''', hi'.(; "f! N' I'~ I"'POV(' y(llJr .,'ClPOrlv, Ou! is '10\ DillO lor hlo"i'ler .....IJrk or ><.lppheli,
"~', ~ :I(I'd' tWf()'c.,. ~ l.;1<I"'" ;'\l,j'''S! ',Our ~:ODt'It). nl'Snlttllns UI"I ..trll',; l(,)ulI h.,.IIUQ, yllu'
1.,'.::0("1... ,'\)U,(I tll:' 'i(M) by <l (OJ<l O!!IClH <Inti !nt' pr(,)cOl"O\> vf itll' S;th' 'Jse,l tu SillIS'y ""II
.no.>tI!lldf"l"~~ T.,,,, elln haPtwn even if you hll"fl paid your cont'l'l<:tor In lull 11 tliB <,ubcontracIO'S,
,~"."'''''~ -, ~',')rl.f'o~ 'tof1"1>lin u"Pil'ct ' .
,... ,': ':t, ,j "I,j.m W I'" .1g~'''S'. ~()I"i properly. cona'ri ~llIun~n.li,.$IJ.C~ liS
... ""-;( I,,'"';" 'r\i'l€"'a'~ supplle,s "'e'~qu!led to provide YQl,/,Witl11l qo\>urmtOl ,nUlled
(;:'(j'''J;wr pl"TII'I",,,1\I"I;\orSllnOlatlorillsloIWiilllJlj;OOrll.llllllve 10
".I..I'.tl:''''I,"lol,r,oll<';1.liSnOlaf!'lrlll,ga'.n,~you!propl'lrlY U.'P.IJ,~t"'Q
',I i""""" .......Il In~v hAv,~ il 09r-' 10 lilt' i1111'1l <lglJlf"lsl )Ouf,plnpaI1Y illtl~y jUtl nor
,,~'d Ir;"'I"~I'i '~f.' m,l".....um lim.. aliowE'd lor f.ling II clAim or hen' 9g,1''''~1/ynur'pro'alir(y 15
~In('~i r<)Ol days al:o' (;omplet.on o! your projttct l "J J ~.;~,. q :'
~-,~,,, ".. !.' ,
., .''11
TO INSI)RE E:. Tpt. ~~OT(CTION FOR YOllRSEI F AND YOUR PROPEFlrv: VOU\4AY"W!S~1
TOlAn 0~H OR MORE OF lH~ f-OILOWINGSTEPS ,}!'i;)~..~
~"''l. u "'ill "".1 ('O(:~ldcl(j( S,.,pl)l~ yr.." wllh d pilyf11tll)\ al~(I....erhJIfT!f'nl.'I;I,~I(j<(n.(I\ il
,.' ", "'-)1 "i", r, n'()',,'ll~S U,al Hl0 DOl1d,nQ company Wtlll:l<llll:'r CQmplf'lE' llle plQi~Cl 0' O,lV
1'rr':<.)~' ""'H"(ic!'" O' 'he ::>0"0 Tr',~ ~aymt."I~ and lJ~,.lorr';;lII(<ll:!()nl.l, !!~.,IY.lll.ia~ ,I
"0'1 ';0":';'1(1. ,if"lOI"tl t,,! !i1(lu "",11'1 mol counly Iccorel(tI I\.'( ~()oJ'-I\HlIlel lJl')'
Pj'Q~"" 1"'~~ paY''1er's ()€' mllO~ r:l"~(:Tly 10 sllbcorT'aclors and mlllcl'ill SUppliE"5 ttlrO"'ij~
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':
To the Mayor and the City Council;
This is written as a rebuttal to information contained in the Council Agenda Statement submitted
by Director of Public Works for meeting to be held on September 15, 1992. A copy of this
Council Agenda Statement is enclosed.
On Saturday, I received a letter from the City of Chula Vista. It was apparently city staff's
recommendation regarding the issue of$20,381 for street improvements currently being
constructed on Fifth Avenue. After reading the portion labeled "Discussion", I was frustrated.
As I read through this section, I could see that the story the council was getting from the Director
of Public Works wasn't my story at all. I did not appreciate the tone of the letter suggesting (as I
perceived) that I have attempted to tell only half of the story. I was given 3 minutes to tell a story
that has been taking place for 5 years. Additionally, I have had limited time to give this written
response because my moving van was scheduled for Monday Morning, and I had to spend most of
Sunday preparing for the moving van. This rebuttal was written very late at night. I encourage
you to read my comments regarding the statements that were made in the Council Agenda
Statement.
I have labeled the items in the Council Agenda Statement (Discussion Section) as a reference to
my comments.
Page 2 of Council Agenda Statement
1. I first became aware of the covenant in early August 1992 (approximately 2-3 weeks prior
to receiving letter requesting $20,381) when Torab Bakhtiari came to my house and let me
know that we may be liable for improvement costs. I told him that I had been assured by
the city that I would not be billed for any of the costs.
A. I provided a copy of my title last Tuesday night (September 8, 1992) which states:
4. A covenant and agreement
Executed by GORDON R BURNES AND CHARLENE MARIE BURNES
Recorded JANUARY 22, 1976 AS FILE NO. 76-020338 OF OFFICIAL RECORDS
Not very clear, especially to a first time home buyer. Let me reiterate the I am now aware
of it's presence in my title, but that my awareness is a result of much research and
discussion since I received the letter on August 28, 1992 requesting the $20,381.
C/O. I am not trying to hide, nor have I ever tried to hide the fact that I am aware of city policy
that when developing a property, street improvements are required by the developer.
Since improvements on Fifth Avenue were originally being funded by a Federal Grant, I
requested that I not be required to pay for improvements on Fifth Avenue. The letter of
September 27, 1988 was, in my understanding, a concurrence that the city would bear all
costs.
/c2 -' / /
E. I contacted the city engineering department several times from mid 1989 through mid
1991 regarding lot split information. Not one time was this opinion (of anything being
denied) ever brought up. I was simply told that if I proceeded with any additional permits
> $10,000 or submitted a tentative parcel map for a lot split, I would be required to install
and pay for improvements. If I would just be patient and wait until improvements were
completed, I would not be responsible for improvements on Fifth Avenue.
Page 3 of Council Agenda Statement
F. Again, the letter written on September 27, 1988 gave notice to me that the city was going
to provide improvements on Fifth Avenue, and I would be responsible for curb, gutter and
sidewalk on Palomar Street. The Palomar Street improvements were being deferred.
(NOTE: Most of the letters I received from the city over the past 4 years have been
preceded by telephone conversations which, unfortunately, cannot be recalled.)
G. Again, I have never denied that I was aware of my responsibility. My contention is that
the city agreed to wave the requirements since improvements had already been funded.
H. I was in the process of refinancing the loan on my property during this time period. I had
the opportunity to pull additional money out of my property for a lot split. The reason for
the letter to the city was to clarifY when I could submit the tentative map for a lot split and
still not bear the cost for the street improvements. My understanding of the letter of
February 11, 1991 was that if I chose to submit a tentative map prior to final completion
of Fifth Avenue improvements, I would be responsible for all costs. (Again, this letter was
preceded by phone conversations that supported the fact that I would no pay unless I
proceeded with tentative map.) I didn't pull the money from my property and I didn't
submit tentative map for lot split (even though I did refinance), simply because I was
assured that if I waited, I wouldn't be responsible.
I. I accepted the $742 and was encouraged to do so by Ryals and Associates (the city's
acquisition agent) because of all the additional things I was getting (curb, gutter, sidewalk,
etc.). There was absolutelv no reason to nel!otiate because I was sure I wasn't
pavine for the imorovements. That signature was given under false pretenses because I
was told by Cheryl A. Durham (from Ryals and Associates) that all improvements were
included.
1. This letter stated clearly to me that the city would bear all costs for Fifth Avenue
improvements, provided I didn't submit tentative parcel map or building permit> $10,000. I didn't submit either.
Page 4 of Council Agenda Statement
K. I did bring up the issue of sewer laterals because I didn't want to see the improvements go
in, only to have them torn out at the time I may connect to city sewer. I was aware of the
) c2 - /.;}..
discussion by the council that all fee's would still be required. I have never contested that
decision.
LIM. The inference here is that I was not interested in participating (which I found offensive).
However, I attended this meeting, along with my wife, infant child and father-in-law.
There was no reason for me to ouestion what work was beinl! done because I was
certain that I was not l:oinl! to have to Dav for any of the imDrovements.
N. 1 went to the city offices on Monday, August 31, 1992 at 8:30am (very next workday after
receiving bill on Aug. 28) and talked with Bill Ulrich - City Engineering. Bill U. told me
that there was no negotiating the amount, and that the city was only charging a portion of
what it would have cost had 1 done in on my own. (I can't recall if it was he who
suggested that the city was doing me a favor by only charging $20,381, but someone did.
Someone also suggested that I had withheld information about the covenant and it was my
own fault the letters had been written in a misleading way. That is truly an insult to my
integrity.) Bill U. also stated that ifTorab B.'s attorney had not brought the covenant to
them, they would have never discovered it. This statement implies to me that had they not
uncovered this covenant, the city would never have sent a bill to myself or Torab B. The
city would have proceeded with improvements at their cost and I would have done
Palomar Street upon the completion of Fifth Avenue improvements, just as it has always
been planned.
o. 1 am not sure of the date, but prior to completion of plans, I contacted city engineering (I
can't recall who) and asked what it would cost to include Palomar Street improvements in
the plan. They said that it was in my best interest to have a private contractor do the
improvements because the city would pay premium wages, and I could have it done
cheaper by a private contractor. That was all the information 1 ever received from the city
regarding Palomar improvements as a part of this project. To infer that 1 "did not
resl1ond" is simnlv not true.
After improvements started on Fifth Avenue, I spoke with Javier from Caves construction
about a possible quote for Palomar Street improvements. Neither of us followed up on
that conversation, but it shows my intent on following through with my end of the deal
(that is, to do Palomar Street improvements upon the completion of Fifth Avenue
improvements).
Page 5 of Council Agenda Statement - Summary
I. Nobody, including myself, was aware of the covenant.
2. I have never denied that I was aware of city policy regarding street improvements. I
requested that they be paid for by the city with grant money when improvements were
done on Fifth Avenue, and had every reason to believe that I would only be responsible for
Palomar Street improvements.
l2~/3
3. SimDly Not True - The letter of September 27, 1988 (along with several phone
conversations) gave me every reason to believe that project would be funded by the city. 1
was told 1 would be responsible only for Palomar Street improvements.
4. I understand that 1 am responsible to read all information closely before signing, and 1 am
aware that it does exist in my title (I stated that in last Tuesday's meeting). However, as a
first time home buyer, I would say that is was pretty obscure. I cannot argue this from a
legal standpoint, because the covenant is there. 1 am coming from an ethical view, as to
what is right for me and for the city.
4. A covenant and agreement
Executed by GORDON R BURNES AND CHARLENE MARIE BURNES
Recorded JANUARY 22, 1976 AS FILE NO. 76-020338 OF OFFICIAL RECORDS
5. 1 was not given copies of these exhibits. 1 can guess what some of them are, but are
unaware of others.
6. 1 am frustrated at the insinuations that I was trying to hide this covenant. Statements like
"...that letter was sent by staff without the knowledge that Mr. Lancaster had..." state that
I had knowledge of this covenant. 1 had no knowledge of this covenant until 1 month ago
when Torab B. brought it to my attention. The city should have known of this covenant
long before me, as it was recorded in January 1976 (when 1 was in 6th grade). Hthis
covenant is so clear to the citv. whv was it not discovered until late in the
construction Dhase. A Realtor came to my house with comps on my property since all of
this has come about. In all of his records, he had no knowledge of the covenant until after
1 had told him. The point is that the covenant is not clear or readily available.
7. The city states the lot size is 130 x 155 = 20,150. It's minor but should be pointed out
that the lot size is really 127Y2 x 155 (I have been told by the city that even though the
map shows 130', it is actually 127Y2 - 15' alley / 2 = 7Y2. 1 also dedicated 2' right-of-way
around property line that has street frontage (282.5 x 2 = 565 sq. ft.). 1 also provided
approximately 95 sq. ft. for traffic signal and handicap ramp.
127Y2 x 155 = 19,762Y2 - 565 - 95 = 19,103 (approx)
8. Not only have 1 been actively pursuing it, 1 have postponed any activity due to letters
stating that ifl proceed I would pay for improvements on Fifth Avenue; Ifl wait (which I
have) 1 would not pay for improvements on Fifth Avenue.
9. The letter states it "could be" twice as much. 1 never had the opportunity to compare.
Additional Comments (My own)
,,~s
It.as been my understanding all along (since September 27, 1988) that the city would pay for
improvements on Fifth Avenue, and upon completion of those improvements, I would then put in
Palomar improvements (curb, gutter and sidewalk). I am fully convinced that had the covenant
),)-/'/
not been discovered, the city had no intention of billing me for the improvements. If I am
required to finance the $20,381, it will be nearly impossible for me to meet the payments. I would
also be financially unable to proceed with Palomar Street improvements. If the betterment of
Chula Vista is top priority, my recommendation (and understanding all along) assures curb, gutter
and sidewalk for Palomar Street by March 1993 and certainly improves Chula Vista. Foot traffic
is heavy along my stretch of Palomar Street since the trolley is only 1 mile away and a bus stop is
within 30 feet of my property line. The city has budgeted for (through the gas tax) , and is
already prepared to pay for improvements on Fifth Avenue. No other property owner on the
entire project is being charged a penny outside ofTorab and myself. $20,381 is small in relation
to the $896,806, but to me it will be unbearable.
RECOMMENDATION:
The cost of improvements on Fifth Avenue should be covered in full by the city (Gas Tax Fund)
and that I perform improvements (curb, gutter and sidewalk) on Palomar Street by March 31,
1993.
Thank you for taking the time to investigate this problem for me.
Mark Lancaster
490 Palomar Street
Chula Vista, CA 91911
Jc2~)~
COUNCIL AGENDA STATEMENT
Item_
MeetingDate 9/15192
ITEM TITLE: Report on the request of Mark Lancaster regarding improvement of Fifth /
Avenue 110
SUBMITTED BY: Director of Public worksftf:
AT
REVIEWED BY: City Manager II; ~ 1/ (4/5 Vote: Yes_No.xJ
The City is currently widening Fifth Avenue from Naples Street to Orange Avenue and adding
the full spectrum of street improvements (curb, gutter, sidewalks, parkway, street lights, and
drainage structures) in that segment of roadway. The total cost of this C1P project is $896,806.
Consistent with the City's practice of requiring adjacent property owners developing along any
roadway to pay their fair share of the costs of the street improvements, the Engineering
Division, has been planning to recommend that Council establish a reimbursement district
charging such adjacent property owners who develop in the future to pay for their allocable
portion of the costs of the project.
After the project was under construction, the Engineering Division became aware that the prior
owner of two adjacent parcels (1283 ["Bakhtiari's Parcel"] and 1287 ["Lancaster's Parcel"] Fifth
Avenue) had committed, by a Declaration of Covenants recorded against title, to pay for the
costs of street improvements.
Accordingly, the Engineering Division sent Bakhtiari and Lancaster a letter in August, 1992
requesting payment of their proportionate share (based on actual costs of improvements as bid)
of the costs as follows:
1283 Fifth
1287 Fifthl
490 Palomar
Bakhtiari
Lancaster
$ 4,837
$20,381
Upon receipt of this letter, Mr. Mark Lancaster, at the City Council meeting of September 8,
1992, objected to having to pay the amount requested of him on the basis of representations
made in a letter from the Engineering Division, dated September 27, 1988 (Exhibit G).
This report documents why staff has concluded that that reliance is misplaced. The September,
1988 letter was issued by the Engineering Division at a time when they had no knowledge that .
Mr. Lancaster's predeces~r promised, in the form of a recorded covenant against title, to pay
for the street improvements and at a time when Mr. Lancaster was, or should have been, fully
aware, for 2 years previous, of his own obligation to make the street improvements. It was also
issued, and stated to be issued, at a time when the City was relying on CDBG funds to build the
project. Those funds have since been dedicated to the library construction, and this project is
being funded by Gas Tax and Trans Net through the CIP Program.
/~ -Jj?
Page 2, Item
Meeting Date 9/15/92
This report also documents that the City has already granted a substantial concession in costs
otherwise chargeable to Mr. Lancaster related to the relocation of street lights, utility relocation,
design and inspection costs. The value of these concessions is not known exactly. but is
estimated to be approximately equal to the amount requested of Mr. Lancaster. /
RECOMMENDATION: That Council authorize staff to collect the full cost of the Fifth
Avenue improvements allocated to the Lancaster parcel in the amount of $20,381 and authorize
the City Manager to approve a reasonable payment schedule to accommodate said collection
effort.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
I
lAt the Council meeting of September 8, 1992, Mr. Lancaster indicated that he was aware that
he had a Declaration of Covenants recorded against his property that required him to put in the
improvements on Fifth Avenue and that he was probably legally required to bear that cost. He
also indicated that he had been told that the City was putting in the improvements on Fifth
Avenue as a City Capital Improvement Project and that these improvements would not cost him
anything. He indicated that, because of these commitments, it is unfair to him to now have to
bear that cost.
Mr. Lancaster also submitted considerable information for Council's review. Staff has added
a few items not contained in Mr. Lancaster's packet that are also germane to the issue.
Following is a list of all these items, highlighting the appropriate points contained therein:
Exhibit Date DiScussion
A 4/22/87 Title report. Item No.4 on sheet 1 refers to the covenant. Sheet 4 of this
exhibit is a copy of a page of the title report obtained by the City when we
were acquiring additional right of way for the Fifth Avenue project. This
report, from Ticor, states much more clearly that the covenant requires
street improvements.
B 1/22/76 Declaration of Covenants for Street Improvements. Required by the County
of San Diego when the property was split into the current lots and recorded
as a lien against the property.
C 5/18/87 Request for Direct Payment to Mr. Lancaster for refund of a duplicate
payment for a deferral application. Page 2 of this exhibit is signed by Mr.
Lancaster and is evidence that we were requiring the improvements as a
condition of his building permit.
D 5/20/87 Building Permit Check list transmitted to Mr. Lancaster as part of his
building permit application process. This shows the requirement for
installation of curb, gutter, and sidewalk.
E 5/26/87 Staff memorandum on the request for deferral of improvements. This staff
report indicates that the deferral was denied and that the improvements
would need to be installed as part of his building permit. There is no
written record that this information was transmitted to Mr. Lancaster, nor
/,;2-17
Page 3, Item
Meeting Date 9/15/92
that it was adequately followed up to assure that the improvements would
be installed as required.
F 5/27/87 Building Permit application. Page 1 indicates that the permit had been
approved on the basis of a deferral being applied for. The permit was
issued, the house construction completed, final inspection occurred and
occupancy by Mr. Lancaster took place without the improvements on either
Fifth Avenue or Palomar being installed.
G 9/27/88 Letter to Mr. Lancaster in response to his request for assistance on the cost
of installing street improvements. His letter, dated 9/15/88, indicates he
was aware of the requirement to install street improvements on both
Palomar and Fifth. The City's letter indicates that "the City will still be
responsible for the items listed as 1 to 5 above." {These 5 items are the
various improvements on Fifth Avenue.} When this letter was sent, design
staff working on the Fifth Avenue project were unaware of the Declaration
of Covenants for Street Improvements and the project was funded from
Block Grant funds. While the statements in the letter do not reflect the
City's policy of requiring that deferrals be called up when a City project
installs the improvements, it was felt that Block Grant Funding was to
encourage low income housing and could pay for the Fifth Avenue
improvements at this location.
H 2/11/91 In response to Mr. Lancaster's request for information relative to his desire
to file a tentative map, we advised him that he would be required to put in,
or pay for, street improvements as part of the subdivision process. This
letter included some clarification of the 9/27/88 letter (Exhibit G) which
stated the City would pay for the improvements, and that, because the
funding is no longer from Community Development Block Grant, the
condition that the City would pay for the improvements no longer applied.
We also cited the advantages of the City installing the improvements under
the public bidding process as an invitation to share that process with him to
give him the opportunity to get the best cost for his required improvements.
We also indicated that, if the City did the project, he would avoid the cost
of utility relocation and design/inspection costs.
I 2/15/91 Letter from the City's acquisition agent transmitting the offer of $742 for
a small portion of Mr. Lancaster's property required in order to construct
the Fifth Avenue improvements. Mr. Lancaster accepted the offer and was
paid the $742 for the right-of-way. This property was required in order to
install the pedestrian ramp at the comer and to grade to meet the existing
property at the end of the walk. The existing property is considerably
higher than the street.
J 4/26/91 Letter to Mr. Lancaster stating that the City will bear all costs related to the
project, but stating that, if he proceeded with a lot split or building permit,
he would be required to pay for, andlor reimburse the City for the
improvements. The design staff was, still, unaware of the outstanding
Declaration of Covenants for Street improvements and, unfortunately, the
status of the previous building permit requirement. Had we been aware of
either of these, we would have advised him that he needed to pay his share
/;) -/ Y
Page 4, Item
Meeting Date 9/15/92
of the costs at that time.
K 5/15/92 Letter to the City Council from Mr. Lancaster, requesting that he be
released from the responsibility to pay sewer connection fees, which
appeared on the Council agenda as a written communication at the May 28
meeting. Also included is staff's response to this agenda item and the
Council minutes. Also attached to this exhibit is the sewer connection
permit for his residence at 490 Palomar. This request was apparently for
the connection of a rental unit at 1287 Fifth Avenue which he owns on his
same parcel to the north of his residence since all sewer fees were paid for
his residence's connection in 1987. As per Council instruction, we are
installing all of the missing laterals on Fifth Avenue as part of the road
project where it is feasible to do so, but Mr. Lancaster was not relieved
from the requirement to pay the sewer connection fees and cost of
installation of the laterals. This includes a lateral for his rental property at
1287 Fifth Avenue.
L,M 7/23/91 Two letters regarding the pending improvement of Fifth Avenue sent to all
property owners. These letters were sent to let the community know what
is happening and to solicit their input. While these letters were submitted
by Mr. Lancaster, they show that we invited him to work with us on the
plans and had the opportunity to review the items of construction and to
make less costly suggestions such as removing the retaining wall.
N 7/ 8/92 A letter from Todd Stone, attorney for Mr. Torab Bakhtiari of 1283 Fifth
Avenue, Lancaster's neighbor, requesting information on the declaration of
covenant that was on Mr. Bakhtiari's title. He wanted to know whether or
not the City was going to assess Mr. Bakhtiari for the street improvements
adjacent to his property. Our response, dated August 3, advised him that
we were going to require payment for the improvements in accordance with
the covenant. This letter is what brought the covenant to our attention and
is the same covenant recorded on the Lancaster property.
o 8/25/92 Letter to Mr. Lancaster advising him that we had become aware of the
Covenant of Improvement and that we were requesting that he pay for the
costs of improvements adjacent to his property. These improvements
consisted of curb and gutter, sidewalk, driveway, pavement, pedestrian
ramp, and a retaining wall at a cost of $20,381. The retaining wall was
considered necessary because of the elevation differential of the house above
the road. The standard 2: 1 cut slope would have gone nearly back to the
house itself, thus having a negative impact. Staff did not include the cost
of relocating the utilities and traffic signal, nor design and inspection costs,
as would have been required under the building permit process. This letter .
also advises him that he can work with us to set up a reasonable payment
schedule with yearly payments. We also did not expand the Fifth Avenue
project to include his frontage on Palomar since he did not respond to our
offer to include it in our contract.
!;2~ / /
Page 5, Item
Meeting Date 9/15/92
SUMMARY
1
<g' e the requirements to install the Fifth Avenue improvements should have been pursued when
Mr. Lancaster obtained the building permit, the fact that he escaped the requirement at that time
did not change the fact that he had the previous covenant on his property. The covenant only
e to light after the project was under construction. Additionally, staff has had discussions
~With both Mr. Lancaster and his father-in-law, Mr. Imel Willis, at various times concerning the
~mprovements, which is further evidence that they knew they had a commitment to pay for the
Improvements.
2.
<. All of the documentation indicates that Mr. Lancaster was well aware of his obligation to install
J 1'(. the improvements on both Fifth Avenue and Palomar Street. The title report when he bought
l/ his house gave constructive notice: Exhibit C indicates that he knew of the requirement because
he applied for a deferral. The filing for a deferral is the result of Mr. Lancaster receiving the
information contained in Exhibit D which stated those requirements. Exhibit F, the Building
permit, shows the deferral was applied for. Mr. Lancaster's letter of September 15, 1988
;) (Exhibit G, page 3) indicates he knew of the requirement. Our response offered to work with
him on the improvements to Palomar. Exhibit H shows that'Mr. Lancaster was again told of
the requirement and offered the opportunity to participate. Finally, Exhibit J again told him he
would have to pay.
summary, Mr. Lancaster has been told many times that he would have to pay for the
improvements, but only has one letter that indicates that he would not have to pay any costs.
Further, that letter was sent by staff without the knowledge that Mr. Lancaster had, or at least
should have had (due to the constructive notice in his title report) that he was bound by a
Declaration of Covenant for Improvements. Staff has also given Mr. Lancaster many
opportunities to participate in the design of the project as it affects his property.
lAlthOUgh the cost of improvements on Mr. Lancaster's property appear to be rather large
($20,381), it should be pointed out that Mr. Lancaster also has a very large lot (130' X 155' =
7 ~\ 20,150 S.F.), which is capable of further subdivision. The above letters point out that Mr.
8 L Lancaster has been thinking.about that possibility. He has already been relieved of quite a bit
~ of costs such as traffic signal and street light relocation, utility relocation, and design and
C\ inspection charges. While staff has not had an opportunity to get a good estimate of those costs,
the total of Mr. Lancaster's avoided costs could be nearly as much as he has been asked to pay.
Also, staff has not included the improvements to Palomar Street. While we could initiate an
assessment district to put the Palomar improvements in, staff intends to wait until Mr. Lancaster
takes further action on his proposed lot split and have them done at that time. However, if that
time frame were to become too long, staff could either require the improvements later, or with ,
a City project on Palomar if such a project were ever initiated.
{,
RELATED SITUATIONS
At the September 8, 1992 Council meeting, Council also asked to be advised as to other
properties that have this same situation of being asked to pay for their share of the
improvements. The only other situation on the Fifth Avenue project is the property at 1283
/;L ./ ;2CJ
Page 6, Item
Meeting Date 9/15/92
Fifth Avenue owned by Mr. Torab Bakhtiari. This property was created by the same lot split
that created the Lancaster parcel. In fact, Mr. Todd Stone, Attorney at Law, approached the
City about removing the Covenant ofImprovement from his client's title since the improvements
were under construction by the City. Based on Mr. Stone's letter, staff became aware of the
Covenant on the property, informed Mr. Stone of the costs to remove the covenant and also
initiated the letter to Mr. Lancaster to require payment per the Covenant. The amount of Mr.
Bakhtiari's improvements is $4,837. Since we have not had a response from either Mr.
Bakhtiari or Mr. Stone, staff will be pursuing that issue and requesting payment.
After the project is complete and we know all of the costs involved, staff will also pursue
setting up a reimbursement district on all vacant properties so that when they develop, those
property owners will be required to reimburse the City for the cost of those improvements. At
this point in time staff has not had sufficient time to determine how much the reimbursement
would be to the City for these other properties.
Staff is also taking steps to be sure that this type of confusing and contradictory situation does
not develop again. These procedures include researching all parcel maps on adjacent property
for deferrals when the City has a project which installs those improvements. As we have done
in other cases we would call in those deferrals at that time and work with the property owners
earlier in the process. We are also completing a computerized listing of all City deferrals so that
they will be easier to locate. However, we do not have the records from the County in the
Montgomery area in a form other than on the parcel map itself, that would make the information
easy to obtain. When the Geographic Information System is on line and available, the process
will be much easier to research, because all City deferrals will be part of that system. Also,
staff is looking at ways to make sure that improvements are installed when a building permit is
taken out, as should have been done in this instance.
FISCAL IMPACT: The reimbursement to the City for the improvements adjacent to the
Lancaster parcel would be $20,381, and for the Bakhtiari parcel $4,837, to the Gas Tax fund.
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