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Home My WebLink About; Oceanside Church of the Nazarene; 75-110549; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY AND ; WHEN RECORDED MAIL TO: City of Carlsbad 1200 Elm Avenue > Carl sbad, CA 92008 1 ..- x5-1105~~ "::;: QGz !I8 t CT,,! Qf= PM&.* IhY 8 IluM1’93 oFttCIA1 RCCORDS SAY R ~&ll\oyweiy’ ruri DC& . rrtdorrbrn j Space above t.his line for Recorder’s HO FEE use mentary transfer tax: $No fee fz-jtq& SignkZtut-e of declarant determining tax- firm name City of Carlsbad _ I / f _ .-- <.A ._ -, (r/: {/ Pa reel No. 1.56-110-65 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS - _. THIS AGREEMENT is made by th;., City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Oceanside Church of the Nazarene, a Corporation , hereinafter referred to as “Proper- ty Owner”. RECITALS: WHEREAS, Property Owner has applied to City for a Parcel Map approval (Parcel Split No. 205,, Highland and Las Flores Drives) . 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 would be suitable for development if certain public improvements hereinafter described are constructed and certain irrevocab1.e offers of dedication are made to City; and WHEREAS, the Municipal Code of City and the City Engineer tentative parcel split approval letter dated April 18, 1975 attached hereto and incorporated by reference. herein require certain improvements and dedications as a condition of approval of this pa rce’l map ; and WHEREAS, Property Owner has requested said parcel map be granted by City in advance of the t.ime said improvements are to be made; and * WHEREAS, Property Owner, in consideration of the approval of (1) . . ’ . - , ’ 1309 said parcel map desires to enter into this agreement securing the construct ion of said improvements, and City has determined it to be in the public interest to agree to temporarily postpone said construction; NOW, THEREFORE, IT IS AGREED betwee,n the parties hereto as follows: Section 1. That City agrees to record any irrevocable offers of dedication made by Property Owner for parcel map approval (,Parcel Split No. 205, Highland and Las Flares Drives). Sect ion 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, 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 .befot-e May 1, 1976 or within such further period of time as js granted by City, provided, however, that upon the happening of either of the following occurrences said improvements may, at the sole ,’ e’lection 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 inter- secting streets on both sides of the street upon which the property herein . described has frontage, have agreed with City to install street improve- ments 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 improvements at the time of signing this contract is $3,ZyO.OO . Property Owner hereby acknowledges that saSd 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 (2) : . . ’ . and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $3,290.00, . plus.any future increases of cost in excess of this sum resulting from . increased engineering and construction- costs, and in the event Property Owner, his successors,. heirs, ass.igns, or transferees fa i 1 to install and construct sa id improvements in the manner and within the time speci- f ied herein, he 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 other- wise. City or its contractor and his employees may enter upon any port ion or port ions of the property reasonably necessary for said engineering and construction, and the entire cost and expense shal 1 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 Engijieer to estimate the cost of necessary eng i n.eer i ng, and the work required to’install and construct said improve- merits, 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 4. That it is agreed that anything herein contained to the contrary notwithstanding, the promises and covenants made herein shal 1 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‘Prope..rty Owner, his successors, heirs, assigns, or transferees, and the 1 ien hereby created shall be and is hereby subordinated to and declared to be inferior and subsequent in lien to the 1 ien 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 hcre- inafter described is acquired by or as a result of a foreclosure or (3) . .’ . . trustees’ sale deed of trust. Sect ion 5.. That at any t ime during the period herein provided;’ the Property Owner, his 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 of any such purchase money mortgage or purchase money . 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 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 sa?d City, no.r any officer or employee thereof, be 1 ia.ble for L. 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 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 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 improvements. Section 7. It is further agreed that said Property Owner will at al 1 times up to the completion and acceptance of said work and im- provements 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 requi red by the City Eng-ineer of C.i ty. Sect ion 8. This agreement and the covenants contained herein shall be bindinq upon and inure to the benefit of the successors, heirs, t.4 > 1312 assigns, and transferees of Property Owner, shall run with said real pro- perty, and create an equitable servitude upon said real property. (a) This agreement and the covenants contained herein, shall supersede and make null and void the previous agreements binding upon the property, to wit: (1) an agreement by and between the City of Carlsbad and Will iam E. Hart and Elzora L. Hart recorded May 14, 1968, as f 0.1 an agreement by and between the City of Carlsbad and Will and Elzora L. Hart recorded August 30, 1968, as file No.150854 Section 9. A description of the property referred t upon which said lien is imposed is described as follows: LEGAL DESCRIPTION 0 1 herein and le No.80605. am E. ‘Hart That portion of the Southeast Quarter of the Southwest Quarter of Section 31, Township 11 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey, described as follows: Commencing at the Northeast corner of Tract 5 of Laguna Mesa Tracts, according to Map thereof No. 1719, filed in the Office of the County Recorder of San Diego County June 20, 1921, being also a point on the North-South center line of said Section 31; thence along said North-South - center line North OO”02’OO’1 West, 165.00 feet to the South- easterly corner of land described in deed to Will iam E. Hart, et ux, recorded November 29, 1956 in Book 6362 Page 340 of Official Records and being the TRUE POINT OF BEGINNING; thence continuing along said North-South center line North OO”O2’OO” West, 165.00 feet; thence parallel with the Northerly line of said Tract 5, North 8g059’OO” West, 539.75 feet to the North- easterly corner of land described in deed to Paul B. Young, et ‘-Jx, recorded August 15, 1972 as File No. 214222; thence along the Easterly line of said Young’s land South OO”O2’00” East, 125.11 feet to the Northeasterly boundary of Las Flores Drive (60.00 feet wide) as described in deed to the City of Carlsbad, re- corded May 10, 1965 as File No. 83312, being a point on the arc of 580.00 foot radius curve, concave Southwesterly, a radial line of said curve bears North 01’05’58” East to said point; thence along said Northeasterly boundary Southeasterly along the arc of said curve through a central angle of 20’19’14” a dis- tance of 205.70 feet to the Southerly line of said Hart’s land; thence along said Southerly line South 8g05g’OO” East, 339.10 feet (Record 338.72 feet) to the TRUE POINT OF BEGINNING. EXCEPTING therefrom the Westerly 5.00 feet of the Easterly 25.00 feet as conveyed to the City of Carlsbad by deed recorded August 30, 1968 as File No. 150859. X X X X X X X X X ‘X (5) , ’ . I 8 *. l 1333 Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Improvements Estimated Costs 1 . Engineering $ 500.00 2. Full + street improvements, including, but not 1 imited to, pavement removal G grading, installation of curb G gutters, sidewalks, AC paving (24” on 6” min.) street 1 ighting, E street trees along 165’ of Highland Drive frontage. 2,491 .oo Estimated Engineering & Const. cost 2,991 .oo 3. Contingencies 10% 299.00 TOTAL COST $3,290.00 Dated: Oceanside Church of the Nazarene, a CorMat ion / / // u- ,/$&,c.L / Prds ldlent lIldd%bcA ; Secretary ’ a Municipal Cor- itate of Cal ifornia , City Manager . STATE OF CAL I FORNIA ) > ss. COUNTY OF SAN DIEGO ) 1 * On )/rcLq G,/Y7C before me the undersigned, a * Notary Public in and for said State, bersonally appeared Paul D. Bussey, known to me to be the City Manager 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. r Notary Pub1 ic APPROVED AS TO FORM: City Attorney (Notarial acknowledgement of execution of owners must be attached). (6) TO 44, c (Corporation) 1314 0 TI STATE OF CALIFORNIA COUNTY OF- > SS. t On -.w-. __ before me, the undersigned, a Notary Public in and for said State, personally appeared Ema&&88@n -I 2 known to me to lx the __-.- President, and Robj,e HdhUQGh : !rnnvo to me !r. he __________ Secretary of the corporation that euecutsd the vithln Instrument. w kfio\t,q Lo me to be the perwns who executed the within i fn>lrument on behalf 0: the corporation therein named, and acknnwledped to me that such corporation executed the within & 11,111, / ,,,( (I,,,,,,,,,, I ,,,,,,,,,,,,,,,, ,,,11,11111,,,,1,1,11(111111111111111111ill~~~~~~““““““““””””’ OFFtClAL SEAL ‘y 5 z E. BARBARA MUMFORD : i NOTARY PUBLIC-CALIFORNIA 5 PRINCIPAL OFFICE it’d f Name (Typed or Printed) (This area for ctltciat notarial se.4) I . . *, La . 1,. ‘I 5 1315 : -’ ; April 18, 1975 Larry G. ZIohloff 1330 Quail St., suite 102 lhmport Ehach, CA 92550 Subject: Proposed Parcel Split No. 205, Church of Plazarene Las Florss and iEighland Dear Sir: , Whereas the tentative prcel map of proposed parcel split no. 295, having Seen exanin2d on t&z Sasis of tile Enviromental Impact As3es3mn", quest icnnaire on file iI1 the office of the City Plandxg Director, is consiGered to kave a non-significant impact upon the envimment~within the meaning of tha Snviron- mmtnl Quality Act of 1970 an3 tt?e Snviron:~ei?t,al Protection Ordinance of 1972, a pr 21fz;inary l!ccision &-is been made, pursuant to Section 20.24.120 of tha Carlsbad mnicipal Code, to approve the tentative parcel ,m2, sir5ject to tlie following conditions: 1. Owner shall coinply with all conditions of ?lanning Commission Resolution iJO. 112'3, Conditional Use Pemit 213. 183. 2, Papent of all requirad fees and deposits is required prior to fixlal nap recordation. (itmized list attached) 3. Chmer shall dedicate to the City of Carlshad a portion of land 12' Frt width along the southerly boundary as an easement for water line purposes. 4. Owner shall enter into an agreement with the City’of Carlsbad for the f,ature installation of raquired street improvements on the EigbLsnd frontage. Applicant's exiginzer shall furnish legal description of property and an y3SnXlln plat map for reference. 5. A copy of a recent title report on the property ahall be furnished. 6. Tentative i";ip approval to expire one (I) year from the date of the finai decision if final map has not been recorded, . Tim Fkmagan City Engineer TCF/FGlc/de cc: Church of Ilazarcne attach. --mm---- --- ---,--__ .-__-.-____ .- -- -__ - f NSURANCE WINY OF PHILADELPHIA Certificate of Occupancy Bond #M 94 57 26 Premium $70 KNOWALLMENBY TRESEPRESENTS: THAT Oceanside Church of the Nazarene of Carlsbad, California , as Principal, and INSURANCE COMPANY OF NORTR AMERICA, of Philadelphia, Pennsylvania, a corporation existing under the laws of the Commonwealth of Pennsylvania and authorized to conduct the business of Suretyship %n all states of the United States of America, as Surety, are held and firmly bound unto City of Carlsbad as Obligee, in the penal sum of Seven Thousand and no/100 Dollars ($7,000.00) lawful money of the United States, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 1,. WREREAS: the above bounden Principal has been granted a Certificate of Occupancy subject to complknce with conditions 4, 6, 7, 8 and 19 of Planning Commission Resolution No. 1125 of the City of Carlsbad within six months of this date. NOW, THEREFORE, the condition of this obligation is such, that if the aforesaid Principal shall indemnify and save harmless the aforesaid Obligee against loss to which the Obligee may be subject by reason of the Principal's breach of any ordinance, rule or regulation relating to the above described license or permit,' then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, however, that the liability of the Surety hereunder shall in no event exceed the penal sum of this bond as stated above, regardless of the number of years the bond shall continue in force. SIGNED, sealed and dated this 5th day of November 1975 INSURANCE COMPANY OF NORTH AMERICA By /#+NLws.rictpse, Gerald C. McClellan Attorney-in-Fact - P