HomeMy WebLinkAboutBP 76-209; Materials Inc; 76-429808; Future Improvement Agreement/Release,
' ~REC'ti'FIDING REQUESIED BY Ab!D ; . : ‘,4HEN RECORDED HAIL TO: 1 City of Carlsbad
1200.Elm Avenue I -222; ’
Carlsbad, CA yWP8 !
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c~FFIC’M1. RECflPF’2 SAN J1EGI) COllHT f. ,,h! i:
Space above ,th‘is 1 ine t
use .
F i rm name
declarant determining tax:
City of Carlsbad
Parcel No. 205-052-07 .
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CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS A.GREEMENT is made by the city of Carlsbad, a municipal
corpoia t ion, hereinafter referred to as “City”, and
Materials, Inc. , hereinafter referred to as “Proper-
t y Owner” .
RECITALS:
* WHEREAS, Property Owner has applied to City for a Building Permit .
for the real property hereinafter described, no\plr under Property Owner’s
ownership; and . .
WHEREAS, it has ‘been found that said property is not surtable
for development in its present condition; however said property would be
suitable for development if certakn pub1 ic improvements hereinafter
described are constructed and certain irrevocable offers of dedication
are made to City; and . . . . .._____. .-~--. .- .
WHEREAS, the Municipal Code of City, Chapter 18.40 requires
certain improvements and dedications as a condition of approval of this
Building Permit;
and
WHEREAS, Property Owner has requested said Building Permit
be granted by City in advance of the time said improvements are to be
made; and
WHEREAS, Property Owner, in consideration of the approval of
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said Building Permit des
securing the construction of said
ires to enter into this agreement
improvements, and City has determined
it to be in the public interest to agree to temporarily postpone said
const ruct ion;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows: . .
Sect ion 1. ’ That City agrees to record any irrevocable offers
o.f dedication made by Property Owner for Building Permit No. 76-209
a
Sect ion--Z. That Property Owner, in lieu of making the herein- ‘-”
after described improvements.before approval of said Building Permit
is granted, agrees to-install and construct, or cause to be installed
or constructed, said improvements in accordance with plans and specifi-
cations approved by the City Engineer within 60 days after written
demand so to do by City. Property Owner shall not be required to make
said improvements before December 1, 1977. o,t- within such’ further period
of time as is granted by City, provided, however, thdt upon the happening
of either of the following occurrences said improvements may, at the sole ;
election of City, be required to be made sooner than said date or such
extended period oi time which may have been granted by City: -1
.., (a) When the City Council finds that the owners of 40% or more
of the frontage, including the frontage of Property Owner, between inter-
secting streets on both sides of the s’treet upon which the property herein .,
described has frontage, have agreed with City to install street improve-
ments to City specifications.
- (b) When owners of more than 50% of the frontage, between .._. ‘..
intejsecting streets’on both sides of the street upon which the property
herein.described has frontage, have petitioned the City to form an
improvement district for the improvement of sa/d streets. .
Said improvements shall be made without cost or expense to
City. City estimates that the cost of engineering and construction of’ .
said improvements at the, time .of signing this contract is $1,977.00 l
Property Owner hereby acknowledges that said cost, is a reasonable
estimate of engineering and construct ion costs at this time and that the
actual cost of same at some time in the future may exceed this estimate.
Section 3. That for the faithful performance of the promises
(2)
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and covenants herein contained, Property Owner hereby grants to City a
li’en upon the hereinafter described property in the amount‘of $1,977.04 ‘.’
plus any future increases of cost in excess of this sum resulting from
increased engineering and cons,cruction costs, and in the event Property
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Owner, his s.uccessors, heirs, assigns, or transferees fail to install
and construct said improvements in the manner and within the time speci- I
fied herein, he agrees that City may do any or all of the following: .
(a) Have the necessary engineer.ing for said improvements
done, and install and constructSsaid improvements by contract or other- I ‘,
wi se.. City or its contractor and his emp’loyees may enter upon any
portion or portions of the property reasonably necessary for said :
engineering and construction, and the entire cost and expense shall be
charged against said property and payable by said Property Owner, his
successors, heirs, assigns, or transferees immediately upon completion
of said improvements, In t’h’e event same is not paid within 30 days from
completion, ‘C’ity may foreclbse said lien as provided by law for the
foreclosure of mortgages.
. (b) Direct the City Engineer to estimate the cost of necessary ;
engineering, and the work required to install and construct said improve-
merits, and foreclose said lien in said amount.
(c) Pursue any remedy, legal or equitable (including those * ,
specifically referred to herein), for the foreclosure of a lien, and the
Property Owner, his successors, heirs, assigns, and transferees, shall
be liable for reasonable attorney’s fees as a cost ‘in said-proceedings.
Sect ion ic. . That it is agreed that anything herein contained to
the contrary -notwithstanding, the promises and covenants made herein shall
not be binding upon the holders, mortgagees, or beneficiaries of any
purchase money mortgage orpurchasemoney deed of trust for value which
has been or may in the’ future be executed by the Property Owner, his
successors, heirs, assigns, or transferee’s, and the lien hereby created . ,,’
shall be and is hereby’subordinated to and declared to be inferior and
subsequent in lien to the lien of any such purchase money mortgage.or :.
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purchase money deed of trust, The lien hereby created ‘shall likewise be
of no force or effect aga
fnafter described is acqu
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inst any owner whose t itlc to the property here- ’
t red by or as a result of a foreclosure or : ’
(3)
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trustees’ sale of any such purchase money mortgage or purchase money
deed of trust. .
Sect ion 5. That at any time during t-he period herein provided,
the Property Owner, his successors, heirs, .assigns, or transferees may
deposit a cash bond or post a surety performance bond satisfactory to
the City to charge sa,id surety with the cost of said improvements; the
amount of bond to be the estimated cost of engineering and improvements :
a’t the time of such deposit or posting as ‘ascertained by t-he City Engineer,
and that upon deposit of said cash or posting of said bond the City ,
agrees to release the property, or any portion of it as to which said, ;
deposit or posting applies, from the provisions of this agreement, and
to execute any necessary release to enable the record title of the pro-
perty to be released from the lien herein imposed.
‘Sect ion 6. Said City shall not, nor shall any officer or
employee thereof, be 1iable”or responsible for any accident, loss or ;
damage happen,ing or occurring to the work or improvements specified in
this agreement prior to the completion and acceptance of the same, nor
shall said City, nor any officer or employee thereof, be 1 iable for ‘. .
any persons or property injured by reason of said work or improveme-nts, .
but all of said liabilities shall ‘be assumed by said Property Owner, and “ .
his successors, heirs, assigns, and transferees, and they shall save the i
,e
City harmless from, and indemnify the City against, any and all claims,
.‘.
suits and 1 iabi 1 ities of or to any person or property injured or claim- I
ing to be injured as a result of said work or improvements; Said Pro- :.
perty Owner, and his successors, heirs, assigns, and transferees, further 1 - 1.
agrees to protect said City and the officers and employees thereof from
all liability or claim because of, or arising out of, the use of any
patent or.patented article in the construction of said improvements.
Sect ion 7. It is further agreed that said Property Owner will
at all times up to the completion and acceptance of said work and im- . I .. j provements by the City, give good and adequate warning tc the traveling ‘:
pub1 ic of any dangerous or defective conditions of pub1 ic propertyi The
Property owner hereby agrees to pay for such inspection..of improvements
as may be required by the City Eng*ineer of City.
Sect ion 8. This agreement and the covenants con.tained herein
shall bc blndlnq upon and inure to the benefit of the successors, heirs, ( ‘1 >
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assigns, and transferees of Property Owner, shall run with said real
property, and create an equitable servitude upon said real property.
Section 9. A description of the property referred to herein
and upon which said lien is imposed is described as follows:
All that portion of Lot 16 of Patterson‘s Addition to the Town
of Carlsbad in the City of Carlsbad, in the County of San Diego,
State of California, according to the Map thereof No. 565, filed in
the Office of County Recorder of San Diego County.
Beginning at the most Westerly corner of said Lot 16, thence
North 55 degrees 27 minutes East along the Northwesterly line of said
Lots 16 and 17, a distance of 184.74 feet, thence South 34 degrees 33
minutes East 160 feet, thence South 55 degrees 27 minutes West 184.81
feet to the Southwesterly line of said lot 16, thence North 34 degrees
31 minutes 31 seconds West along said Southwesterly line a distance of
160 feet to the point of beginning.
Together with that portion of the Southerly 10 feet of Pine
Street lying Northerly and adjoining the above-described land as
vacated and closed to public use.
EXCEPTING THEREFROM the Northeasterly 124 feet thereof.
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xxxxx
xxxxx
xxxxx
xxxxx
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Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
, Improvements
1.
2.
3.
4.
5.
6.'
:
Curb and Gutter $ 222.00
Sidewalk 285.00
Paving ,'
Street light
Engineering, 10%
. TOTAL COST $ 1,977.oo. '
Estimated Costs
555.00
725.00
180.00
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STATE OF CALIFORNIA )
) ss. COUNTY dF SAN DIEGO ) . :
On /A3 /97Lz before me the undersigned, a Notary Public aid/State, peisonally appeared Paul D. Bussey, known to me to be the City Manager of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. \ . .
WITNESS my hand and official seal. __ ~ :
, AM>
APPROVED AS TO FORM:
City Attorney
*
eeed-&ZC*m OFFICIAL SEAL 3
NORA K. GARDiNER ! .
NOTAH’ PUBLIC - CALIF,
PRINCIPAL OFFICE tN
.SAN UIEGO WuNTY
( MY COMMlSSlON EXPIRES JAN. 29, 1990 W*-2*2#2*&-4 J
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(Notarial acknowledgement of execution of owners must be attached).
-6-
-
before me,
personally appeared FOR NOTARY SEAL OR STAMP 1
known to me to be the -President, and ,-- ~-
- , known to me to be
-Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of
directors.
Signature
Name (Typed or Printed)
Notary Public in and for said County and State
1 REVA HOOPER
\:7 NOT!WlY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. exolres MAY 24. 1979 k