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HomeMy WebLinkAboutMS 337; Frank H. Ayres & Son Construction Company; 78-046623; Future Improvement Agreement/Release&z--Z ,.. Ri:coI~o I tic; rrE~?lJiI;-TED CY AtlO ) WilCt! I:ECOliDED t4A I I- TO: ! ” FILE/PACE NO. i)OOK 1978 RECORDEDiiEQUESTOF PAI@ @?.. CITY CLERK c i t y o-f cc1 I- I shad “, . . . . ..--..-- ..~ 1201) t: IIll AVCIHIC ca I’ 1 r;I,ad ) CA 97.008 FEB 3 11 46!!!‘18 ‘. . OFFl‘CihL RECORDS <Ah - .-.. ~. ,...ibii60 COUNTYvCALlF. HARLEYF.BLODM RECORDER -._--_ --- -.--.- Space nbov~~ this 1 i nc For Rccot-dcr’s Use . NO : S No. -fee . Documentary t rans i-‘ctr tax ’ c/I’./ --- -- - -7 .------L NC ~~_I.--?- S ignsru t-e of- dcclarant det(3m1 no rig tax- AT:.--. -_-._- 1 I r!Ti Ilcll!l~ City of Carlsbad Parcel No. 215-260-40.. ---. - -I- CONTRACT FOR .FUTURE PUKLiC IMPROVEMENTS FE THIS AGREEtAENT is made by the City of Carlsbad, a municipal corporation, hereinaf-tet- referred tc as "City", and Frank H. Ayres i Son . Construction Company, a California corporation, -hereinafter referred to as “Property Owner." REC i TI\LS: WI-lERF.AS, Property Owner has applied to City for a rc .3 Final Parcel Map, Plumber MS 337, I: . for the real property hereina-Fter described, now under Property Owner’s ’ owrker-shi p; and WHEREAS, it has been found that'said property,is not suitable for de’&lopment in its present condition, however said proper-ty would be suital>lc for dk~clopmcnt if certain pub1 ic improvements ‘hertiinafter . . described are constructed and certain irrevocable offers of dedication are made to C i ty ; and . . WI-IEREAS, the Munici pn 1 Code of City and City Engineer’s ‘letter . dated December 27, 1977 at tacilcd hereto and i ncorporatcd by t-e-?erence herein .requ i I-C cer t;: i II . improvcrnents and cled i cat i ens as a condition of, approval of this Parcel Nap ; a nd ~IHERECIS, Fropct-ty Owner has requested said Parcel Map : ? be gt-an1.cd by City i ri c7CIVc7iiCfr? of the t imc sn id ‘i rilp I~c3VWl~i\l:S a 1-c: to be 9 wkmms, PI-cpw-llj, o\vt1c’I-) in cons idcrntion of tile approvc71 of ._ (0 - _ 333 said Parcel Map desires to enter into this agreement securing the construction o-f said improvements, and City has de-termined it to be in the public interest to agree to temporarily postpone said const ruct ion; NOW, THEREFORE, IT IS AGREED between the parties hereto as f0110ws: Section 1: That City agrees to record any irrevocable offers of dedicat ion made by Property Owner for Final Parcel Map, Number MS 337. ,Sction 2. That Property Owner, in lieu of making the herein- after described improvements before approval of said Parcel Map is granted, agrees to install ‘and construct, or cause to be installed or constructed, sa id improvements in accordance with plans and specifi- cations approved by the City Engineer within 60 days after written demand so to do by City. Property Owner shall not be required to make sa id improvements before February 1, 1979 or within such Further period of time as is granted by City, provided, however, that upon the happening OF either of the following occurrences sai”d improvements may-,:at the sole .,. election of City, be requi red 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 L o-f the frontage, including the frontage of Property Owner, between inter- secting streets on bo-th sides of the street upon which the property herein described ‘has frontage, have agreed with City to install street impt-ove- ments to Ci-ty specif ica.tions. (b) When owners of more than 50% of the frontage, between intersecting streets on both sides of the street upon which the property hct-e i n desc r i bed has frontage, have pet it ioned the City to form an improvement district for the improvement of said streets. Said improvements shall be made wi.thout cost or expense to City. City estimates that the cost of engineering and construction of sa id improvements at the time o-f signing this contract is $1,313.00 l Property Owner hereby acknowledges that said cost is a reasonable estimate 01~ crrgineering and construct ion costs at this time and ttlat the actual cost of same at some time in the future may exceed this estimate, Sect ion 3. -- ---- That f’or the faithful performance of the promises 0) and covenants here i n conta i ncd, ?roperty Owner hereby grants to City a lien upon the hereinafter described property in the amount of $1,313.00 , plus any future increases OF co\t in excess of this sum resulting from increased engineering and construction costs, and in 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- f ied herein, he agrees that City may do any or al 1 of the fol lowing: (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 br 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, 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 ‘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 improve- ment s , 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 jt. .- 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 !icn 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 purcllase money mortgage or pc:rchase money deed of trust. The lien hereby created shall likewise be of no force or effect against any owner whose title to the property here- inafter described is acquired by or as a result of a foreclosure or ,- *. F’ i, ‘_. 335 t t-us tees’ sale of any such put-chase money mortgage or purchase money deed of trust:. Sect ion 5. -____ That it any time during the period herein provided, the Property Owner, his successors, heirs, assigns, or transferees may dcposi t a cash bond or post a surety performance bond sat isfactory to the City to charge said surety with the cost o-F 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 pro- perty to be released from the lien herein imposed. Sect ion 6. - Said City shall not, nor shal 1 any officer or emp 1 oyee t hereo-f , be liable or responsible for any accident, toss or damage happening or occur.ring 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 emplo;ee thereof, be 1 i?ble 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- c 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 employ.ees thereof from all 1 iability or claim because of, or arising out of, the use of any patent or patented article in the construction of said improvements. Section 7. -- - at all times up to the I t is further agreed that said Property Owrier will completion and acceptance of said work and im- pt-ovements 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 inspect ion of improvements a I, ma y b t” I-C’CJU i red by the City Engineer- OF City. Section 8. -- This ngreelrlent and the covenants contained herein shall be bindinq upon and inure to the benefit of the stlccessors, heirs, ( 4 1 . ’ ‘. 1 _. 336 assigns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. Sect ion 9. A desckiption of the property refer-red to herein and upon which said lien is imposed- is described as follows: Lot 175 of LA COSTA !!EADO!:IS UMIT !lO. 1 , in the City of Carlsbad, County of San Diego, State of California, acc&dinrJ to rlap thereof MO.-6800 , filed in the Office of the County Recorder of San Die20 County , on December 9, 1970. xx xx ‘. xx xx xx xx xx * xx xx xx . xx xx . (5) xx xx xx 0 . . * .G .’ -. 337 Section 10. The required improvements to be constructed and -the estimated costs thereof are as follows: Improvements Estimated Costs 1. 431 S.F. of 4" PCC Sidewalk $ 453.00 2. 86 L.F. of 3'f High Retaining Wall 860.00 . Dated: jj9 I '/ TOTAL COST $ 1,313.oo CITY OF CARLSBAD, a Municipal Corptiation of the State of STATE OF CALIFORNIA COUNTY OF SAN DIEGO I ) ss. 1 On qJk / lq7p before me the undersigned, a Notary'Public in and fodsai'd State, peisonally appeared Paul D. Bussey, known to me to be the City Manaqer 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 hand and official seal. APPROVED AS TO FORM: City Attorney (i4otdrial acknowledgement of execution of owners must be attached). --b-- z s : s 0 = i= .t .u f a 3 ii z 2 6 b P STATE OF CALIFORNIA ORANGE > 3s. COUNTY OF- I. 338 0” JANUARY 9 1978 , before me, the undersigned, a Notary Public in and for said State, personally appeared J. H. GMSON known to me to be the VICE President, and --- known to me to be the ---- 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. OFFICIAL SEAL EW-I-Y L. FAUST NGTAKY PiJELlc, cALI;“tiNlA PRINClP.:\L OFFICE IN OWNGE COUNTY FRANK H. AYRES & SON WITNESS my handpnd offTcia1 seal. Signature BETTVL. FAUST Name (Typed or Printed) IL- My Commission Expires Nov. 25, 1980 4; (This area for official notarial seal) -