HomeMy WebLinkAbout; KFC National Management Company; 75-101877; Future Improvement Agreement/ReleaseflLL/?A I!\ h v75rioi877 4!FizltdE8:::K . .
RECOP,D.iNG REQUESTED BY AND )
WHEN RECORDED MA IL TO: 1 A,@ 10 8 31 MI “95
Ci-ly of Carlsbad i OIWCIAL RECQRD* 1200 Elm Avenue $AM DltO OUtdTYt CALlpi
Carl sbad, CA 92005 1 9 MAI? I’, @LOOM
1’
RPCOllDER
1 Mfl FEE
“1 Space above this line for Recorder’s
use :
$No fee I
f i rm name
City of Carlsbad
termi ni ng tax-
‘Pa reel No. 203-351-l G 2
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and KFC National Management
Cbmpa ny , a Delaware Corporation , hereinafter referred to as “Proper-
ty Owner”.
RECITALS:
W-HEREAS, Property Owner has applied.to City for a parcel map
approval (parcel s’plit no. 252, S.E. ‘corner of Elm Ave. and.Madison St.)
for t.he 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 wou1.d be
suitable for development if certain pub1 ic improvements hereinafter
described are constructed and certain irrevocab1.e offers of dedication
ai-e made to City; and
WHEREAS, the Municipal Code of City and City Engineers tenta-
tive parcel split approval letter dated October 24, 1974
attached hereto and incorporated by reference herein require certain
improvements and dedications as a condition of appkoval of this
parce.1 spl it ; and
WHEREAS., Property Owner has requested said parcel split
be granted by City in advance of the t-ime iaid.improveme’nts are to be
made; and
WHEREAS, Property Owner, in consideration of the approval of
(1)
(I_ .
II
l , -
. 657
said parcel split desires to enter into this aqreement
securing the construction of said improvements, and City has determined
it to be in the public interest to agree to temporarily postpone said
construct ion;
-, NOW, THEREFORE, IT IS AGREED between the parties hereto as ./-
follows:
Section 1. That City agrees to record any irrevocable offers r
of dedication made by Property Owner for parcel split approval (parcel
split no. 252, S.E. corner of Elm Avenue,and Madison St.)
.
Sect ion 2. That Property Owner, in lieu of making the herein-
after described improvements before approval of said parcel split
is granted, agrees to install and construct, or cause to be installed
or constructed, said 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
said improvements ‘before January 1, 1976 or w.ithin 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 b;, City:’
(a) When the City Counci 1 finds that the owners of 40% or more
of the frontage, including the frontage of Property Owner, between inter-
secting streets on both sides of the street upon which the property herein
described has frontage, have agreed with City to install street inlpl-OVe-
ments to City spec-ifications.
.
(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 pet it ioned the City to form an
improvement district for the improvement of said streets.
Said improvements shall be made without cost or expense to k
City. Gity estimates that the c.ost of engineering and construction of
said improvements at the tlmc of signing this contract is $2,359.50 .
Property Owner hereby acknowledges that said cost is a reasonable
estimate of engineering and construction costs at this time and that the s
actual cost of same at some time in the future may exceed this estimate.
>cct. i.on .jL That for the fa i t-hful 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 $2,359.50,
plus any future increases of cost in excess of this sum resulting from
increaseu engineering and construction costs, and in the event Property
4 ‘Owner, his successors, heirs, assig,ns, or transferees fail to install
and construct said improvements in the manner and within the time speci-
fied herein, ‘ke agrees that City may do any or a-11 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 portions of the property reasonably necessary for said
engineering and construction, and the entire cost and expense shall
charged against said property and payable by said Property Owner, hi
successors, hei rs,, assigns, or transferees immediately upon completi
of said .improvements. *In the event same is not paid within 30 days
completion, City may foreclose said 1 ien as provided by law for the
foreclosure of mortgages.
be
s
on
from
(b) Direct the City Engineer to estimate the cost of necessary
engineering, and the work required to install’and construct said improve-
ments, 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 1 ien, and the.
Property Owner; his successors, heirs, assigns, and transferees, shall
be liable for reasonable attorney’s fees as a cost in sai’d 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 t.rust for value which
has been or may in the future be executed by the Property
successors, heirs, assigns, or transferees., and the lien t-
shall be and is hereby subordinated to and declared to be
subsequent in 1 ien to the 1 ien of any such purchase money
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 here-.
inafter dcscribcd is acquired by or as a result of a foreclosure or
(3)
Owner, his
lereby created
inferior and
mortgage or
I : .
, , *
. . 659
.
trustees’ sale of any such purchase money mortgage or purchase money
deed of trust.
Sect ion 5. That at any time during the’period herein provided,
the Property Owner, his successor.s, 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 ca’sh 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
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 1 iable, for
a’ny 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 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 trans’ferees, 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 improvements.
Section 7. It’ i s further agreed that said Property Owner will
at all times up to the completion and acceptance of sa
.provements by the City, give good and adequate warning
public of any da-ngerous or defective conditions of pub
d work and im-
to the travel i.ng
ic property. The
Property Owner hereby agrees to pay for such inspection of improvements
as may be required by the City Engineer of City.
Sect ion 8. This agreement and the covenants contained herein
i t-s, shall be bind inq upon and inure to the bencf i t of the suc%essors, hc
( 4 )
.I ‘., ,, - 1 .
I. . ,
c ’ . 660 .
.
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 description of the property referred to herein
and upon which said l-ien is imposed is described as follows:
Lots 11, 12, 13, 14, 15 and 16 of B1oc.k 48 subdivision map town of
Carlsbad, in the City of Carlsbad, County of San Diego, State of ,’
Ca 1 i forn ia, according to map thereof no. 535 filed in the office of the
County Recorder of San Diego County, May.‘2, 1888.
.
X
X
x
X
l . .
X
X
X
X
X
(5)
r - b--. .
’ ,,*; . . r
,
i
. r, SectiLn 10, The required improvements to be constructed and
the’estimated costs thereof are as follows:
I mprovernents Estimated Costs
, 1 . Standard alley improvements for 4 of
150 lineal feet - including, but not
1 imited to, pavement removal and
grading, concrete alley apron, concrete
a 1 ley gutter, curb and gutter, a.c.
paving and base. EST. TOTAL CONST. COST $ 1,815.OO
2. Engineering 20%
3. Contingencies 10%
363.00
181.50
TOTAL COST $ L359.50
KFC Nat iona 1 Management Company
a
L CITY OF CARLSBAD, a Municipal
Corporation of the State of
PAUL D. BUSSEY, City Manager
APPROVED AS TO FORM:
TO 449 c
(Corporation)
known tn me
WITNESS my hand and official seal.
(This IIMI for olllolal notarial seal)
STATE OF CALIFORNIA ) ) ss. ,'COUNTY OF SAN DIEGO )
On (&?d.dy (77s before me the undersigned, a Notary Public in and for said Siate, personally appeared Paul D, Bussey, known to me to be the City Manager of the City of Carl&ad, 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. -.
Notary Public