HomeMy WebLinkAboutBP 77-418; Frank H. Ayres & Son Construction Company; 77-420946; Future Improvement Agreement/Releaser -FILE/PAGE Hi). 77-$m94rti . -..--- \ - BOOK 1977
I??fC13RDiLNC ~~E~)u!!::;TI':Kl BY A 1 KECCRDE3 REOUESTGF
?iIIEE RECOl?I)T1C~ I?"L?.CJ-I TO :
535 i
#&!.!!&?~ClTY CLERK
City of Carlsbad 1200 Elm Avenue Carl&ad, CA 92008
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1 Ocr 13 9 21 AH’17 i 1 DFFICIAL RECORDS
i SAN 3tECIJCOUNTY~C4LIF. HARLEYF.3LOOH
L-- FtECORDEK NO ‘FEE --I Space above this line for Recorder's Use
ry transfer tax: $ No fee , Signature of declarant determining tax- firm name City of Carlsbad
' Parcel No. 215-390-18
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City", and Frank H. Ayres 81 Son
Construction Company, a California Corporation
hereinafter referred to as "Property Owner".
RECITALS:
WHEREAS, Property Owner has applied to City for a
Building Permit (Plan Check No. 77-418 ) .
for the real property hereinafter described, now under Property Owner's
o;;ncrr-hip; 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 Ruilding
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
construction of said improvements, and City has determined it to be in the
public interest to agree to temporarily post.pone,:Asaid 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 77-418 1.
Section 2. That Property Owner, in lieu of making the hereinafter I 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 15, 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
of time which may have been granted by City:
(a) When the City Council finds that the owners
of the frontage,. including the frontage of Property Owner,
setting streets on both sides of the street upon which the
extended period
of 40% or more
between inter-
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 $&~.oo .
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
.I .I
and covenants hcrei n conta i ned, Property Owner hereby grants to Ci ty a
lien upon the hereinafter described property in the amount of $3,585.00 ,
plus any future increases bf cost in excess. of this sum resulting from
increased engineering and construction cost,s, and i,n the event Property
Owner, his successors, 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 por’tions of the property reasonably necessary for said
engineering and construction, and the ent i t-e 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 the event same is not paid within 30 days frorij
completion, ‘C?ty may foreclbse s’aid 1 ien 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, ancJ 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 shall
not be binding upon the holders, mortgagees, or beneficiaries of any
purchase. money mortgage or purchase money deed of trust for value which
has been or may in the future be executed by the Property Owner, his
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 1 ien to the 1 ien of any such purc:hase money mortgage ot
purchase money deed ‘of trust, The lien hereby created shall likewise bc
of no force or effect against any owner whose tit lc to the property herc-
inafter dcscrlbcd Is acquit-cd by or as a result of a foreclosure or
(3)
. -. - ?3:3s -
trustees’ sale of any such purchase money mortgage or purchase money
deed of trust. I
Sect ion 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 performance bond satisfactory to
the City to charge sa,id surety with the cost of s,aid 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.hc 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
em.ployee 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
shali said City, nor any officer or employee thereof, be 1 iable for
any persons or property injured by reason of said w,ork 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 harml,ess 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 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 construct ion of said improvements.
Section 7. It is further agreed that said Property Owner wi 11
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 hereby
as may be requi red by
Sect ion 8.
s 112 1 1 hc b i nd i tiq 11p0n
agrees to pay for such inspection of improvements
the City Engineer of City.
This agreement and the covenants contalned herein
2 nd i 1711 t-e to t-he hcnef i t of the s\Iccessors , hr I rs ,
f II )
* L
--
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assigns, and transferees of Property Owner, shall run with said real
property, and create en 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:
Lat.541 of La Costa Meadows Unit No. 3, in the City of Carlsbad,
County of San Diego, State of,California, according to Map thereof No. 7076,
filed i‘n the Off.ice of the County Recorder of San Diego County, October 6,,
1971.
xx- . .
xx .
xx
. xx
.
‘XX
xx
xx
xx
(5) xx
Section 10. The required improvements to be constructed and
the,estimated costs thereof are as follows:
Improvements Estimated Costs
886 S.F. of 4" P.C.C. Sidewalk . $ 930.00
177 L.F. of 5'2 High Retaining $/all 2,655.OO
Dated: October 5, 1977
STATE OF CALIFORNIA ) ) ss. C&NT, OF SAN DIEGO )
TOTAL COST $ 3,585.OO
CITY OF CARLSBAD, a Municipal
On ' before me the undersigned, a
Notary Public in and for said State, pe&aonally appeared Paul D. rjussey ,
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 I\lunicipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same.
WITNESS my hand and official seal. .'
Notary Public -4
APPROVED AS TO FORM:
(Notarial acknowledgement of execution of owners must Ix? attached).
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STATE OF CALIFORNIA
Orange 56.
COUNTY OF- 84.1 ____-
On OCtObe I- 5 ! 1977 , before me, the undersigned, a Notary Public in and for
said State, personally appeared J.&H&L,
. known to me to be the Ice President, and we-
known to me to be the m-m Secretary of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and ac-
knowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors.
Name (Typed or Printed) (This area for official notarial rrl)
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO > "* . :. . _.*
On October 7, 1977 before me, the undersigned, the City Clerk of
the City of Carlsbad, a city within the said County and State, personally
appeared PAUL D. BUSSEY known to me to be the
City Manager XiX-ldX “.l.y.>u,r,
btnoPcnx~ocxttex8a~x&~xxxxxxxxxxx~ti.of,:ltbe!2$orporation that executed
the within Instrument, known to me to be the :~~~5on~::ahp:';e,xecuted the within
Instrument on behalf of the corporation ther.e.i.n*;n~,~~tl;:~,alld"acknowledged to me
that such corporation executed the within in@r@ient&&$u+r$ to its by-laws
or a resolution of its board of directors. : f.i i-'. -~:':".1~~~'~::.~~_,~. : .x ,__. i .;",>+ 2'. 2 ,F-Q,:: : . ..- g' '; ;,-..,: -. . , (' ;-_. : _. y % I' ",;S& . . .- ‘1 ; : - I.- -. -. -
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