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HomeMy WebLinkAboutFIA 97-08; Union Pacific Railroad Company; 1997-0296562; Future Improvement Agreement/Release- . . 7 - . . - L RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 sac II 1997-0296562 ,’ J 25 ,‘UH-1997 09~32 AM / ,’ ,, . . 516 OFFICM. RECORDS SM DIEGO COUNTY RECORDER’S OFFICE 28.00 I llllll lllll Ill 111111 11~~~~ 111111111 lllll Ill1 II11 Space above this line for Recorder’s use. CITY OF CARLSBAD CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS Permit No. MS 96-09 Parcel No. 212-130-I through 6 FIA No. FIA 97008 THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Union Pacific Railroad Company, a Utah Corporation, hereinafter referred to as “Property Owner.” RECITALS WHEREAS, Property Owner has applied to City for a Permit Number MS 96-09 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 Minor Subdivision; and WHEREAS, Property Owner has requested that approval of said Minor Subdivision 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 Minor Subdivision desires to enter into this agreement securing the construction of said improvements, and City MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 1 REV. 0204197 517 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 (N/A). 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 April 1998, 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 peti- tioned 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 one hundred thousand and OO/lOO DOLLARS ($100,000). 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. Section 3. That for the faithful performance of the promises and covenants herein MASTERS\FORMS\CONTRACT FUT-PUB-IMPWNTS 2 REV. 02/04/97 - I 518 contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $100,000 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 specified 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 contract 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 MASTERS\FORMS\CONTRACT FUT-PUS-IMPVMNTS 3 REV. 02/04/97 h 519 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 period 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 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 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. MASTfRS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 4 REV. 02/04/97 . . , *_. . .* - 520 - 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: Lots 76 through 81 of Carlsbad Tract No. 85-24 Unit 5, Carlsbad Research Center, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12815, filed in the office of the County Recorder of San Diego County May 16, 1991. Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill MASTERSIFORMSKONTRACT FUT-PUB-IMPVMNTS REV. OZO4197 --\ 521 IMPROVEMENTS Engineering & Traffic Signal at Salk Avenue & College Blvd. QUANTITY Lump Sum UNIT COST ESTIMATED COSTS 100,000 $1 oo,ooo.oo TOTAL $1 oo,ooo.oo Executed by Property Owner this a* day of/&h 1993 PROPERTY OWNER CITY OF CARLSBAD a municipal er (sign here) RD. UHRICH (print name here) ASsistaneVroli~88jden~ “.. ” I?. c. INGRAaA (print name here) ASSISTAFiT SECRETARY (title and organization of signatory). (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 ofticer 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 By: w+7@ ity Attorney MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS REV. 02/04/97 r. 7. c ,.1 .I - - 522 A/ebmd?a State of Gdikmtk County of E On mar& $0, 19Jepore me ROBERT E. ANDBBBO v , and a C* XYer6lm ’ ersonally appeared Q* LI+tcA personally known to me (or proved;0 me on the basis of satisfactory evi&?nce) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. ESS my han%nd official seal MASTERS\FORMS\CONTRACT FUT-PUS-IMPVMNTS (SEAL) REV. 02/04/97 523 State of California 1 1 County of San Diego ) On June 17, 1997 before me, Ronna S. Stickrod, Notarv Public , personally appeared Martin Orenvak , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the WITNESS my hand and official seal Signature of Notary person, or entity upon behalf of which the person acted, executed the instrument. (This area for official notary seal) Title or Type of Document Contract For Future Public Imnrovements Date of Document March 20. 1997 No. of Pages 6 Signer(s) other than named above none