HomeMy WebLinkAboutBP 77-400; Woodlyn Company; 77-404770; Future Improvement Agreement/Release'.F&COhTf,NG REQUESTED BY r-> j WHEN RECORDED MAIL TO: )
Ci:iy of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
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1 . 1 Space above this line for Recorder's Use
. Documentary transfer tax: $ No fee
Signature of declarant determining tax-
3.. firm name. . . \ City of Carlsbad
Parcel No. 215-130-18 c -\
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City",'and The Moodlyn Company,
a California Corporation
hereinafter referred to as "Property Owner".
RECITALS:
WHEREAS, Property Owner has applied to City for a I
Building Permit (Plan Check No. .77-400 j
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 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
said Building Permit desires to enter into this agreement securing the
&onstruction of said improvements, and City has determined it to be in the
public interest to agree to temporarily postpone said construction:
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 77-400 ).
. Section 2. That Property Owner, in lieu of making the hereinafter
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 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
October 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 Owner, 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 $ 985.00 .
Property Owner hereby acknowledges that said cost is a reasonable estimate
of engineering and construction 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)
and covenants herein contained, Property Owner hereby grants to City a
lien’upon the hereinafter described property in the amount of $ 985.00 , .
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 successors, heirs, assigns, or transferees fai 1 to install .
and construct said improvements in the manner and withjn 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 emp’loyees may enter upon any . .
portion or portions of the property reasonably necessa,ry 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 the event same is not paid within 30 days from
completion, ‘City 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-
ments, 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 1 ien, 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 shal 1
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, llis
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 1 ien of any such purchase money mortgage or
purchase money deed of trust. ‘The lien hereby created shall likewise bc -
of no force or effect against any owner whose title to the property herc-
lnaftcr described ts acquired by or as a result of a foreclosure or .
trustees’ sale of any such purchase money mortgage or purchase money
deed ‘of trust. .
Section 5. That at. any time during the period- herein provided, .
the Property Owner,’ his successors, heirs, .assigns, or transferees may
deposit a cash bond or post a surety pe.rformance bond satisfactory to
the City to c’harge sa,id surety with the cost of said improvements; the
amount 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 port ion, of it as to which said
deposit or posting applies, from the provis’ions 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 liable’ or responsible for any accident, loss or
damage happen.ing or occurring to th,e work or improvements specified in
this agreement prior to the c-ompletion 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 liabilities 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 successo;s, heirs, assigns, and transferees, further
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.pa.tented 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-
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 hcretiy agrees to pay for such inspection of improvements .
as may be required by the City Engineer of City.
Sect ion 8. This agreement and the covenants contained herein
shall bc blndinq lipon and inure to the benefit of the successors, heft-s, ( 4 1
. ,: 9.. **
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assigns, and transferees of Property Owner, shall run with said real
Prow-ty, and create an equitable servitude upon said real property.
Sect ion 9. A description of the property referred
and upon which said lien fs imposed is desdribed as follows:
Lot.98 0f'La Costa Valley Unit NO. 1, in the City of
to herein
Carlsbad,
Co'unty of San Diego, 'State of California, according to Map thereof a
No. 54-34 filed in the Off.ice of the County Recorder of San Diego County, *
July 29, 1964. . . -xx .
xx
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xx
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Section 10. The.required improvements to be constructed and': . the,estimated costs thereof are as follows:
. , Improvements Estimated Costs
795 SIF. of 4" P.C.C. Sidewalk '$ 835.00
. Lump Sum Grading 150.00
. TOTAL COST $ 985.00
Dated: Y-i/ -77
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STATE OF CALIFORNIA ) 1 .ss. COUNTY OF SAN DIEGO )
1 On Noiary Public in and for said State, before me the undersigned, a 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 e'xecuted 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. . .m .'
c Notary Public
ABPROVED AS TO FORM:
orney
L
.
(t$o&rial acknowledgement of execution of owners must be attached).
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0 TI TO .4e c
(Corporation)
STATE OF CAL1
y Public in and for said
--
known to me to be the- President, and 0 --,
known to me to be -___~- Secretary of the corporation that executed the within Instrument, knot\ n to me to be the persvns who executed tt;e within Instrunrrnt on bel~alf of the corporation therein named. and acknnwletlprd to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. OFFICIAL SEAL
SANDY BUTCHER
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO CCUNTY
My Commission Expires June 16, 1981
?sikis&~&i~Z~&&~~~
WITNESS my hapd and oficial ncal.
(This II- fw elM4d notarid aed)
STATE OF CALIFORNIA -)
COUNTY OF SAN DIEGO ) S’s
On September 30, 1977 before me, the undersigned, the City Clerk of the City of Carlsbad, a city within the said Countv and State, oerznnallv
appeared P< I--. --.*- * ‘J -zi known to me'to be the lul 0. Bussey
City Manager
nax&%imxt?haxxxxxxxxxxxxxxx, xkrporvrr xwx n
the within Instrument, known to n Gxxx~of ,:the qrppration that executed
ne to be the persqnS' who'&&cuted the within Instrument on behalf of the corporation therein .n‘~~ed;:l.nd:a~~nowledged to me
that such corporation executed the within inst~~rnenlt:,.ijur,sua~t-~'ta:.its by-laws
or a resolution of its board of directors. ':' 'v:-:':y' .~. , -; i? :1','?.. 1. ,_ : --; ._-. .*..-..
ITY OF CARLSBAD
FILE/PAGE HO 77-404370 * ye-. BOOK 1977 RECOROEOREQUESTO?
A-
h 3 8 48 WI
WFiCtALREC5R5S SAN DIE&2 COUNtY,CALfF. HARLEi F.BLOOM RECOfiOER
NO FEE
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