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HomeMy WebLinkAbout; Santa Anita Development Corporation; 76-193420; Future Improvement Agreement/Release: e .r”&i:;i’! :I(; REQ!:::.STED P” AND ) 763.93420 >r .:::eN ,.i-;E&OI~DED HA I L TL > -, rlL/?AoE NO. I- eooltlsT6 * k RLCOROEDREOUESTDF City ‘rjf Csrlsbad 1200 E Im Avenue Carlshad, CA 92008 ADDRESSEE 1 i JuM22 IO 09W6 WICI~L RECORDS 1 SAMDlEGDCDU)rTY~i4l.if'. Space above this li rder’s use NO FEE tax: $No fee Signature of declarant de.termining tax? f i rm name City of Carlsbad Parcel No. 167-03-25‘35, and 44 - CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is .made by the City of corporation, hereinafter referred to is “City”, tfon and Home Federal Savings and ‘Loan Association. of San Diego, Owner”. ‘. RECITALS: --- Carlsbad, a municipal and Santa Ani ta Develop-meni- Corpora- hereinafter referred to. as ‘!Prop&tiF WHEREAS, Property Owner has-applied to City for a parcel map for the reai property hereinafter described, now under Property ijwner’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 irrevbcabie offers of dedication are made to City; and WHEREAS, -the Municipal Code of City and Tetitative Xap approval le-kter dated April 23, 1976, attached hereto and incorporated by reference herein require certain improvements and dedicati’ons as a condition of approval of this final parcel map #4838 ; and WHEREAS, Property Owner has requested said final p,arcel map be granted by City in advan.ce of the time said improvements are to be made; and z . * ~~HEREAS, Propert’y Owner, in considerat ion of the approval OF said 'final parcel map, 1203 - desi res to enter into this agreement securing the construct ion of said improvements, and City has determined it to be in the pub?ic 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 ’ of dedication made by Property Owners for final parcel'map (P.S. No. 230, parcel no. 1 and parcel no. 3). Sect ion .2. That Property Owner, in lieu of making the herein- after described improvements bef-ore approval of said final 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 before April 1, 19.77 or within. such further period of time as is granted by City, provided, however, that upon the happening of ei,ther-of the following occurrences said improvements may, at the sole elect ion of City, be required to be made so.oner 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- . sect ing streets on both sides of the street upon whic’h the property herein described has frontage, have agreed with City to install street i:i;pr-ove- m‘ents 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 td 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 engi.neering and construction of said improvements at the time of signing this contract is $X33,645.00 . 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 pc.rformancc of the promises . (2) . . ._ I . * I . - ’ * -L. . 3 _. , ’ 3 1204. . and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $333,645.0,0, 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, 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 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 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, his . succ.essors, heirs, assigns, or transferees immediately upon completion of sa id improvements. In the event same is not paid within 30 days from camp 1 et i on, City may foreclose said lien as provided by law for the foreclosure of mortgages. (b) Direct the City Engineer to est.imate the cost of necessary engineering, 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 agre’ed 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 orpurchasemoney 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 lien hereby created shall be and is.hereby subordina’ted 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 shal 1 likewise be of no force or effect against any ow&t- whose title to the property here- inafter described is acquired by or as a result of a foreclosure or (3) ’ * . . - . x’ ’ . . 1265 * . . t rus tees ’ 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 successors, heirs, assigns, or transferees may deposit a cash bond or post a surety performance bond satisfactory to the City to charge sai’d 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 t.he 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 Sect ion 6. employee thereof, be from the lien herein imposed; Said City shall not, nor shall any officer or 1 iable 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 any persons or property injured by reason of said work or improvements, but all o-f said liabilities shall be.assumed by said Property Owner, and his successors, heirs, assigns, and transferees, and they shall save the C i.ty’ harmless f ram, and indemnify the City against, any and all claims, suits and liabilities of or to any person o.t- 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 a 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 all 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 condi‘tions of public property. The Property Owner hereby agrees to pay for such inspection of improvements as may be required by the City Enginee’r of City. Sect ion 8. This agreement and the covenants contained herein shall be bindinq upon arid inure to the benefit of the successors, heirs, (4) * . . * 4 - *. ’ . .\ . l * 1 b* I ‘- : 1206 assigns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. This agreement and the covenants contained herein, shall supersede and make null and void the previous agreements binding upon parcel 3 to wit: an agreement by and between the City of Carlsbad and Otis E. and Chris- tine Vanderburg recorded June 23, 1969, as file No. 112204. Section .9. A description of the property referred to herein and upon which said lien is imposed is described as follows: Parcel No. 1 and Parcel No. 3 o Split No. 230, Parcel Map No. 4838 filed in 1976, being a portion of fractional section 32, T ;15, R 4W, S.B.B.&M., City of Carlsbad, County of San Diego, State of California. xxx xxx xxx xxx xxx xxx xxx xxx * * . ” . , .- _- \ . . ,’ ..- . I . 1207 . (. . . Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Improvements - Parcels 1 & 3 1. El Camino Real improvements including but not limited to, signs and intersec- tion reconstruction. 2. Haymar Drive improvements including but not limited to, place overhead power underground, storm drain and apurtenances, street lighting, 10" water main extension, sidewalk, and curb and gutter. 3. Marron Road improvements including but not limited to, street lights, curb and gutter, sidewalks, and paving for street widening. 4. On site improvements including but not limited to 10" and 8" water main and apur- tenances, fire hydrants, 8" sewer, apur- tenances and manholes. 5. 5% Engineering + 10% contingencies. TOTAL COST SAVINGS AND LOAN ,OF SAN DIEGO, a ~&~~~ssfstant Vice Presideqt ~A~~&/~.&.&- i%~?ryParcel 3 Estimated Costs $155,350.00 36,475.OO 30,850.OO 67,450.OO 43,520.OO $333,645.00 ;:.--' ,, I' : . ./,'.'l ,; .. ,'fl; ..:' J ,, .: //, I ., 'i ,: : SANTA ANITA DEVELOPM~clTIC6~~d~TIO~ 1 Property Owner - Parcel 1 I I STATE OF CALIFORNIA ) 1 ss. COUNTY OF SAN D On 76 before me the undersigned, a Notary Pub- , lit in and for ; pe&onally appeared Paul D. Bussey, known to me to be the C of the City of Carlsbad, a municipal corpora- 9 tion of the State of California, known to me to be the person who exe- cuted the within instrument on behalf of said municipal corporation, and acknowledged to me that such City of Carlsbad, California, execut- , ed the same. WITNESS my hand and OFFtClhL-SEAL NORA K. GARDINER NOTARY PUBLIC-CALtF. 1 PRiNClPAL OFFICE IN ) SAN DIEGO COUiJiY I i MY COMMtSStON WPtRES MN. 2% 1980 1 (6) TO ,945 CA (8.74, (Corporation) STATEOFCALIFORNIA COUNTYOF Orange 1208 + ss. lITI& INSURANCE AND TRUST On 7, /976 before me, the undersigned, a Notary Public in and for said State, personally aLpeared=QVl We H! known to me to be the-- Senior Vice President, and Dennis M. Berryman 1 known to me to be- Assistant --Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. _ - : 4 A : 0” : Signature worporation) STATE OF CALIFORNIA COUNTY OF San Diego \ f ss- (This area for official notarial seal) ,,,a . ..-a .r...m- AND TRUST On May 10. 1976 before me, the undersigned, a Notary Public in and for said . State, personally appeared- V1 rU -S1-n known to me to be the Assistant Vice known to me to bee Assistant President, and -Secretary of the corporation that executed the within Instrument, I Margaret H. J udkin; C ‘S - - - - OFFICI.Xl. SEAL C&‘WE C. LUGAN b:o~,q;-;y PIJD!IC . CALIFORNIA [l;ifl~ip.:l :.fii:::, Sa.1 Lljc;:) CS. Calif. My Ccmmission fxp Juna 1, 1979 known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. (This area for official notarial seal)