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HomeMy WebLinkAboutPIP 89-08; Carltas Development; Planned Industrial Permit (PIP) (2)November 6, 1989 Mr. Don Neu City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859 RE: PIP 89-8, Carltas Floral Trade Center APN 210-090-047 Dear Don: Delivered to you with this letter is a copy of a form of contract for future improvements relating to the roof screening. Because it is not public improvements I have done it in a different form than that customarily done for public improvements for which a lien amount would normally be posted. I would suggest that the implementation of this would be through the execution by Carltas of the enclosed agreement in recordable form with the condition deemed to have been satisfied by the delivery to the City of this agreement. We have also made an evaluation of the cost removal of the equipment located within the interior eating area for purposes of determining a bond amount. I understand that you will have a bond form prepared by the Engineering Department for purposes of our complying with Section 18 which required removal of the various pieces of equipment. The estimated cost for this removal is net of the salvage value equipment which is $800.00. Please let me know if we need anything further than the enclosed in the foregoing, to complete compliance with the conditions. C Calkins B1106051.LCC 4401 MANCHESTER; SUITE 206 ENCINITAS, CALIFORNIA 92024 U.S.A. (619) 944-4090 FAX (619) 944-3619 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 1 1 Space above this line for Recorder's use. Documentary transfer tax: $ No Fee Signature of declarant determining tax-firm name CITY OF CARLSBAD Parcel No. 210-09-47 CONTRACT FOR FUTURE IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "Cityll, and Carltas Company, a California Limited Partnership, hereinafter referred to as "Property Owner". RECITALS WHEREAS, Property Owner has applied to City for a PIP 89-08 (Planned Industrial Permit) 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 improvements hereinafter described are constructed; and WHEREAS, the Municipal Code of City and conditions of approval attached hereto and incorporated by reference herein require certain improvements as a condition of approval of this PIP 89-08; and WHEREAS, Property Owner has requested said approval of PIP 89- 08 be granted by City in advance of the time said improvements are to be made: and WHEREAS, Planned Industrial Permit 89-08 has been issued providing in Condition No. 12 as follows: " 12) All roof appurtenances, including air conditioners shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets pursuant to the Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Bui1ding.I' WHEREAS, Property Owner in consideration of the approval of said PIP-89-08 desires to enter into this agreement securing the construction of said improvements and the City has determined it to be in the City interest to agree to temporarily postpone such construction, NOW THEREFORE IT IS AGREED between the parties as follows: Section 1. That Property Owner, in lieu of making the above described improvements under said Condition 12, agrees to install or construct or cause to be installed or constructed, in accordance with such plans and specifications satisfactory to the Director of Planning, as delivered to the Director of Planning within thirty (30) days of the request by the Director of Planning with such installation to occur within sixty (60) days after written demand so to do by City. Property Owner shall not be required to make such improvements prior to September 1, 1990, or within such further period of time as is granted by City. Said improvements shall be made without cost or expense to the City. Section 2. That for the faithful performance of the promises and covenants herein contained, Property Owner hereby agrees that in the event Property Owner, the Property Owners successors, heirs, assigns or transferees fail to install or construct said improvements in the manner or time specified herein, Property Owner agrees that the City may pursue any remedy, legal or equitable (including those specifically referred to herein), and the Property Owner, the Property Owner's successors, heirs, assigns and transferees shall be jointly and severally liable for reasonable attorney's fees and the cost of said proceedings. Section 3. Said City shall not nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening to the work or improvement specified in this agreement, nor shall said City nor any officer or employee thereof be liable for any persons or property injured by reason of said work of improvements, but all said liability shall be assumed by Property Owner, the Property Ownerls 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 such work of improvement. Said Property Owner, the Property Owners successors, heirs, assigns or transferees further agree to protect the City and officers and employees thereof from all liability or claim because of and arising out of the use of any patent or patented article in the construction of said improvement. h Section 4. 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 5. A description of the property referred to herein and upon which said servitude is imposed is described as follows: Parcel 1 of parcel Map No. 14009, in the City of Carlsbad, County of San Diego, State of California, as filed in the office of the County Recorder of San Diego County, November 1, 1985. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of I 19 . PROPERTY OWNER CITY OF CARLSBAD, a Municipal CARLTAS COMPANY, a Corporation of the State of California Limited Partnership California By: By: Christopher C. Calkins Martin Orenyak Manager Community Development Director APPROVED AS TO FORM: Vincent F. Biondo, Jr. City Attorney 1 STATE OF CALIFORNIA 1 COUNTY OF 1 On , before me, the undersigned, a Notary Public in and for said State, personally appeared Christopher C. Calkins , proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as Manaaer of the partnership named within and acknowledged to me that they executed the same on behalf of Carltas Company, a California Limited Partnership , a partnership, and that said last named partnership executed the same. WITNESS my hand and official seal. Signature jm All06023 .mot