HomeMy WebLinkAboutFIA 96-18; Carlsbad Ranch Company LP; 1997-0045121; Future Improvement Agreement/ReleaseE
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO Cl Clerk
CITY OF CARLSBAD
1200 Carlabad Village Dr. Carl&ad, CA. 92OOB
1717 II2 #I 1?97-0#45121 03-FEE-1997 08~53 All
OFFICIAL RECORDS SAN DIE60 COUNTY RECORDER’S OFFICE
28.00
Space above this line for Recorder’s use.
CITY CF CARLSBAD
Permit No. RW950070
Parcel No. 211-023-09
FIA No. 96018
DVVG No. 3332H Lego Drive Stormdrain
THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation,
hereinafter referred to as “City”, and Carlsbad Ranch Company, L.F?, a California Limited
Partnership, hereinafter referred to as “Property Owner.”
RECITALS
WHEREAS, Property Owner has applied to City for a Permit Number RW950070 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 requires certain improvements and dedications
as a condition of approval of this improvement plan approval; and
WHEREAS, Property Owner has requested that approval of said improvement plan 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 improvement plan
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;
AGREEMENTS&G-12.FRM 1 Rev. llm4lm
’ II 1718
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 improvements.
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 sixty (60) days after written demand to
do so by City Property Owner shall not ‘be required to make said improvements before
December 31, 1996, 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 intersecting 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 intersecting
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 improvement at the time of signing this contract
is FIFTY SEVEN THOUSAND and 001100 DOLLARS ($57,000). 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.
AGREEMENTSMG-12.FRM Rev. 11104182
t II - - t 1719
Section 3. That for the faithful performance of the promises and covenants herein
contained, Property Owner hereby grants to City a lien upon the hereinafter described property
in the amount of $57,ooO plus any future increases of cost in excess of this sum resulting from
increased engineering and construction costs, and in the event Property Owner, Property
Owner’s successors, heirs, assigns, or transferees fail to install and construct said
improvements in the manner and within the time $pecified herein, Property Owner 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 contra& or otherwise. City or its contractor and contractor’s
employees 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, Property Owner’s successors, heirs, assigns
or transferees immediately upon completion of said improvements. In the event same is not
paid within thirty (30) days from completion, City may foreclose 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 improvements, 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, Property Owner’s successors,
heirs, assigns and transferees, shall be liable for reasonable attorney’s fees as a cost in said
proceedings.
Section 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,
Property Owner’s successors, heirs, assigns or transferees, and the lien hereby created shall
II
AGREEMENTSMG-12.FRM 3 Rev. llm4lo2
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 purchase money deed of trust. The lien hereby
created shall likewise be of no force or effect against any owner whose title to the property
hereinafter described is 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 perkxf herein provided, the Property Owner,
Property Owner’s successors, heirs, assigns or transferees may deposit a cash bond or post a
surety performance bond satisfactory to the City to charge said 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 the 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 property to be released
from the lien herein imposed.
Section 6. Said City shall not, nor shall any officer or employee thereof, be liable or
responsible for any accident, loss or damage happening or occurring to the work or improve-
ments specified in this agreement prior to the completion and acceptance of the same, nor shall
said City, nor any officer or employee thereof, be liable 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 Property Owner’s successors, heirs, assigns or 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 claiming to be injured as a result of said
work or improvements. Said Property Owner, and Property Owner’s successors, heirs, assigns
or 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
construction of said improvement.
II AGREEMENT-G-12.FRM Rw.11m4m2
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Section 7. It is further agreed that said Property Owner will at all times up to the
completion and acceptance of said work and improvements by the City, give good and
adequate warning to the traveling public of any dangerous or defective conditions of public
property. The Property Owner hereby agrees to pay for such inspection of improvements as
may be required by the City Engineer of City.
Section 8. This agreement and the covenants contained herein shall be binding upon
and inure to the benefit of the successors, heirs, 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:
A portion of the southwest comer of Lot 5, Carlsbad Tract 94-09, in the City of Cadsbad, County of San Diego, State of California, more particularly described as follows:
Approximately 2.920 acres in area, bounded by a line parallel with and 240 feet northerly of the north line of Future Lot 18, Carlsbad
Tract 94-09; and a line concentric with and 530 feet easterly of the
east line of Future Lot 19, Carlsbad Tract 94-09.
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AGREEMENTSAG-12.FRM Rev. llmm?
- -
. 1722
Section 10. The required improvements to be constructed and the estimated costs
thereof are as follows:
(SEE ATTACHED EXHIBIT “A”)
Executed by Property Owner this 3 day of $kJ. , 19%
PROPERTY OWNER
CARLTAS COMPANY, a
California limited partnership
By: Carltas Company, a
California limited
partnership, General Partner
CITY OF CARLSBAD a municipal co
By: MAm ORWAK
for City Manager
By: Carltas Management,
a California
By:
(Proper notarial acknowledgment of execution by PROPERTY OWNER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
AGREEMENTStAG-12FRM Rev. llKUlO2
.
State of California
County of San Diego
o&J“~‘% 1~ before me, KM& A. f@, A”“~!ZG$~ kppeared L ~S;RISTWME Q .
CMXIN,J personally known to me (-is
m) to be the perkon@) whose name@) subscribed to the within
instrument and acknowledged to me that (f%Js same in @/h&their
authorized capacity(iesj, and that by- signature@ on the instrument the person(s), or entity upon behalf of which the person@ acted, executed the instrument.
AGREEMENTSUG-12.FRM
ww
Rev. lllou82
A 1724
BONDING ESTIMATF FOR DETFNTION BASIN IN
FUTURE LOT 5. CT 94-09
SD 0186/SD0301 /ultsdbon.xls
DATE: 01/02/97
NOLTE AND ASSOCIATES
5469 KEARNY VILLA ROAD
SUITE 305
SAN DIEGO, CA 92123
(619) 278-9392
ITEM # IMPROVEMENT UNIT PRICE QUANTITY COST
1)
2)
3)
4)
5)
6)
7)
STORM DRAIN PIPE, 18 w RCP /REPLACEMENT LF 73.00 30.00 $2,190.00
STORM DRAIN STANDPIPE, 18” RCP EA 450.00 1 .oo 450.00
GRADING/EXCAVATION CY 1.60 20000.00 32,OOO.OO
RIP-RAP ENERGY DISSIPATOR CY 25.00 7.00 175.00
P.C.C DITCH (D-75) LF 12.60 90.00 1,134.oo
FENCING, CHAINLINK LF 9.80 940.00 9,212.oo
EROSION CONTROL/HYDROSEED SLOPES SF 10.50 594.00 6,237.OO
SUBTOTAL $51,398.00
10% CONTINGENCY $5,139.80
TOTAL BOND ESTIMATE $56,537.80
&..Y#-~$b BY: DATE: i- L -97
J@iES R. HETTINGER u
R?iC.E. 31756
MY COMMISSION EXPIRES 12-31-00
THIS IS AN ESTIMATE OF BOND COSTS ONLY AND IS FOR THE SOLE USE OF THE CITY OF CARLSBAD
IN PREPARING SURETY. THIS ESTIMATE IS NOT TO BE USED FOR CONSTRUCTION OR PAYMENT
PURPOSES.
EXHIBIT “A”