HomeMy WebLinkAboutBP 77-393; Ventures Three; 77-480687; Future Improvement Agreement/Release. .
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R~CORT?TNG Rl~Q?JESTED BY i=. .I MBEN RECOlZfiizD Y&IL TO:
City of Carlsbad 1.2 0 0 E3.T Avenue (L Carlsbad, CA 92008
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1 rAfiL,EL F.BLODH
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ry transfer tax: $ No fee NO FEE I '. Signature of declarant determining tax- firm name City of Carlsbad
Parcel No. 203-232-10 & 11
CONTRACT FOR FUTIJRE TUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City", and
VENTURES THREE, a partnership
hereinafter referred to as "Property Owner".
RECITALS:
WHEREAS, Property Owner has applied to City for a
Building Permit (Plan Check No. 77-393 )
for the real property hereinafter described, now under Property Owner's
ownership; and
WHEREAS, it has been found that said property is not suitable for
development in its present condition; however said property would be suitable
for development if certain public 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
granted by City in advance of the time
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and
requested said Building Permit be "'
said improvements are to be made;
WHEREAS, Property Owner, in consideration of the approval of
said Building Permit desires to enter into this agreement securing the
construction of said improvements, and City has determined it to be in the
public interest to agree to temporarily postpone said construction;
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NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows:
Section 1. That City agrees to record any irrevocable offers
of dedication made by Property Owner for said Building Permit (Plan Check
Number 77-393 1 .
Section 2. That Property Owner, in lieu of making the hereinafter
described improvements before approva 1 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 specifications 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
May 1, 1978 or within such further period of time as is
granted by City, provided, however, that 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
of time which may have been granted by City:
(a) When the City Council finds that the owners of 40% or more
of the frontage, including the frontage of Property Ownes, between inter-
secting streets on both sides of the street upon which the property herein
described has frontage, have agreed with City to install street improvements
to City specifications;
(b) When owners of more than 50% of the frontage, between inter-
secting 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 said streets.
Said improvements shall be made without cost or expense to City.
City estimates that the cost of engineering and construction of said
improvementsat the time of signing this contract is $13:509.00 .
Property Owner hereby acknowledges that said cost is a reasonable estimate
of engineering and construction costs at this time and that the actus.
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 here i n conta i ned , Property Owner hereby grants to City a
li’en upon the herclnafter described property in the amount of $13,509.00,
plus any future increases of cost in excess ,of this sum resulting from
increased engineering and construction costs, and in the event Property
Owner, his s,uccessors, heirs, assigns, or transferees fail to install
and construct said improvements in the manner and within the time speci-
fied herein, he agrees that City may do any or all of the following:
(a) Have the necessary engineering for said improvements
done, and install and construct said improvements by contract or other-
wise. City or its contractor and his employees may enter upon any
portion or portions of the p;opet-ty reasonably’necessary for said
engineering and construction, and the entire cost and expense shal 1 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‘he event same is not paid within 30 days from
comp.1 et ion, ‘C?ty may foreclbse s’kid lien as provided by law for the
foreclosure of mortgages.
b) i;irect the City Engineer to est:i?late the cost of necessary
eng i neer i ng, 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 4. -- 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 benefikiaries of any
purchase. money mortgage or purchase money deed of trust for value which
has been or may i n the futurr! be executed by the Property Owner, Ilis
successors, heirs, assigns, or transferees, 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
pu l-chase money deed ‘of trust. The lien hereby created shall likewise be
of no force or effect against any owner whose title to the property herc-
in:lftcr described is acquit-cd by or as a result of a foreclosure or
(3)
money mortgage or purchase money trustees’ sale of any such purchase
deed of trust,
Sect ion 5. That at any t ime during the 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 s,aid improvements; the
arnount of bond to be the estimated cost of engineering and improvements
at 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 shal 1 any officer or
employee thereof, be liable’ or responsible for any accident, loss or
damage happening 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 improvements,
but all of said liabilities shall be assumed by said Property Owner, and
his successors, heirs, assigns, and transferees, and they shall save the
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-
ing to be injured as a result of said work or improvements. Said Pro-
perty Owner, and his successors, heirs, assigns, and transferees, further
agrees to protect saidCity 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.
Section 7. It is further agreed that said Property Owner will
at all times up to the comp?et ion and acceptance of said work and im-
provements by the City, give good and adequate warning to the traveling
pub1 ic of any dangerous or defective conditions of pub1 ic property. The
Property Owner hereby agrees to pay for such inspection of improvements
as may be required by the City Engineer of Cit’y.
Sect ion 8. This agreement and the covenants contalned herein
slm 1 1 he I:, t nd i nq t~pon and i nu re to the bcnef i t of the successors, hei I-F; ,
( ‘I 1
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 destribed as' follows:
All .of Tract 95 of Map of Carlsbad Lands, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 1661
filed in the Office of the County Recorder of San Diego County, Mdrch 1, 1915;
EXCEPTING the Northeasterly 100.00 feet thereof. . .
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section 10. The required improvcmcnts to be constructed and
the.estimated costs thereof are as follows:
1.
2.
3.
4.
2::
7.. 8.
9.
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, Improvements
3" AC Pavement on 4" Base 6690 S.F..@ $ 0.60 6" Curb and Gutter 307 L.F. @ 5.00 .
4" P.C.C. Sidewalk 1535 S.F. @ 1.05
6" A.C. Berm'Trans. 100 L.F. @ ,2.50
6" P.C.C. Cross Gutter 325 S.F. @ 1.65
Guard Post 2 ea. @ 150.00
Curb Outlet 3 ea. @ 800.00
Ornamental Street Light 1 ea.
Contingencies b Engineering (15%)
@1100.00 1,100.00
Subtotal $ 11,747.oo
1,762.OO
Estimated Costs
$ 4,014.oo
1,535.oo
1,611.75 250.00
536.25
300.00
2,400.OO
Dated: /p5~77
TOTAL COST $ 13,509.oo
CITY OF CARLSBAD, a Municipal the State of
.STATE OF CALIFORNIA ) ) ss. "ZOUNTY OF SAN DIEGO )
On fld 10, 1977 -I before me the undersigned, a ' Notary Public in and for said2 State, personally appeared Paul D. Euisey,
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 har$i and official seal.
I * 1 Notary Public
APPROVED AS TO FORM: '..f' ". .:- ..)..., :.&&,:,
(Notarial acknowledgement of execution of owners must be attached).
STATE OF CALIFORNIA *
COUNTY OF-. *1J) a/&&=
On /++gi/rnB~M a-, /977
before me, the undersigned, a Nota
known to me
of the partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
Name (Typed or Printed)
Notary Public in and for said County and State
0 2 e
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL /
PALI!. H. WUESTE
NOTARY PUBLIC - CALIFORNIA‘
SAN DIEG3 COUNTY
My ccmm. expires JUN 21, 1983
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