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Home My WebLink AboutADJ 106; Carlsbad Investment Corporation; 76-178456; Future Improvement Agreement/Release6 , _ 856 76-178456 ,’ ‘, R~:r:‘CRC ING REQUESTED B\r ,ND ) WHEN RECORDED MAIL TO: 1 City of Cat-lsbad - ) 1200 Elm Avenue - FIWPAOE NQ* . BD “‘Fan;;,, cuR# --- Carlsbad, CA woo8 > JUH 10 10 11 IM ‘16 ; OPCICIA& RkCORM SAN Dlfffl CauCif b’,cAiriv. 1 +MCF~ F,Bb’OW C~ Space above this line foP?%%” rder’s u s e NO FEE firm name City of Carlsbad Parcel No. 203-351-13 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Carlsbad Investment Corporation, A California Corporation, hereinafter referred to as “Proper- t y Owne 1-l: . REC I TALS: . --- WHEREAS, Property Owner has applied to City for a Boimdka?$ Adjustmenf (Plat 8106) for the real property hereinafter described, now under Froperty Owner-Is ownership; and !d!EF;EA;. , 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 irrevocable offers of dedication are made to City; and WHEREAS, the Municipal Code of City a.nd Ci,ty Engineer's letter of approval dated May 27, 1976. ‘attached hereto and incorporated by reference herein require certain improvements and dedications as a condition of approval of this Fo’undarY adjustment ;and _ WHEREAS, Property Owner has requested said Boundary Adjustment approval 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 - 857 . . . L - said goundary Adjustient desires 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 Owner for approval of iaic? Boundary Adjustment Sect ion .2. - That Property Owner, in lieu of making the herein- after described improvements before approval. of said Boundary Adjustment 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 1 June 1977 or within 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 by City. (a) When the Ci::y Counci 1 finds that the owners of LrO’;/, or more of the frontage, including the frontage of Property Owner, between inter- sect ing streets on both sides of the street upon which the proper-t!/ herein described has frontage, have agreed with City to install street improve- ments to City specifications, (b) When owners of more than 5.0% 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 City. City estimates that the cost of engineering and construction of sai$ Improvenlents at the time of signing’ this contract is $625.00 . Property Owner hereby acknowledges that said cost is a reasonable estimate’of engineering and construction costs at this t.ime and that the actual cost of same at some time in the future may exceed this estima.te. Section 3. That for the faithful performance of the promises (2) . Lq * 858 and covenants here i n conta i ned, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $625.00 , 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, assigns, or transferees fail to install and construct said improvements in the manner: and within the time speci- fied 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 shal I be charged against said property and payable by said Property Owner, his successors, hei rs, ass igns, or transferees immediately upon completion of said improvements. In the event same is not paid within 30 days from completion, City may foreclose said li.en 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- merits, and foreclose said 1 ien in sa’id amount. (c) Pursue any remedy, legal or equitable ‘(including those spec’ifically refe’rred to herein), for the foreclosure of a lien, and the Property Owner, his successors, heirs, assi’,gns, and transferees, shall be liable for reasonable attorney’s fees as a cost in said proceedings. S,ect 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 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 lien hereby created sha!! 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 own&r whose title to the property here- inafter described is acquired by or‘as a result of a foreclosure or E h . * , 859 trustees’ sale of any s’uch 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 t’ransferees may deposit c7 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 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 from the lien herein imposed. Sect ionA Said City shall not, nor shal 1 any officer or employee thereof, be 1 iable or responsible for any acc.ident, loss or damage happening or occurring to the work or improvements specified in this agreement prior to the completion and ‘acceptance of the saine, nor .shall said City, nor any officer or employee thereof, be 1 iable for any persons or propert.y injured by reason of said work or Improvements, but all of.said l.iabilities 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- ing to be injured as a result of sa’id work or improvements. Said Pr’o- perty Owner, and his. successors, heirs, assigns, and transferees, further agr’ees to protect said City and.the officers and employees thereof from all liability or claim because of, or ari’sing 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 arid a dequate warning fo 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 required by the City Engineer of City. Sect ion 8. This agreement and the covenants contained herein shall be bindinq upon and inure ta the benefit of the successors, hejt-s, (4) . ‘. , * . 8 c 860 . 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 tb herein . and upon which said lien is imposed.is described as follows: ~11 of lots 23 ana 24, block 48 of the'amended town of Carlsbad Map No. 775, . in the City of Carlsbad, County of San Diego, State of California; X .X X X X X X X X X ?r X X X X X X X x . X X X . X X X X X X X X X * I t . -. . . I . / 4 . , .b-’ + 861 ' Section 10. The requi red improvements to be constructed and the estimated costs thereof are as follows: Improvements Estimated Costs 1 . Engineering (10%) $ 50.00 . 2. Contingencies (15%) 75.00’ 3. 50' full l/2 alley improvements 500.00 @ $LOOper square foot (50'x10'x$1.00) .$ "" ,.. 1. i' /s _ Dated: TOTAL COST ,,a” “I)I,,, $625.00 . s$‘~~:,I.;;~,,,;‘La, : ,:;Qj _.,. .‘a., 3 :, <;o _,, ‘( : ?L’ . . 1’ . ., . . STATE OF. CAL I FORNIA ) ! ss. CGWT’I’ GF SAN D i E,;O ) i’ ’ On 1~~ _ 71 /97d before me the undersigned, a Notary Public id/and for s-aid State, pkrsonally 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. APIROVED AS TO FORM: t Vi&ent F. Biondo. City Attorney ‘. c/ PCC-Z-C--I OPFtCIAL SEAL k j NORA K. GARDJNER : WOTUR~ PUBLlC - CALIF, k PRINCIPAL OfFiCE Ic1 ) SAN DIEGO CWNiY i MY COMWrsStoN EXPIRES JAN. 29, ma0 : -CeaCrte*#l)tC---4 (Notarial acknowledgement of execution of owners.must’be attached). (6 ). I.- -1.. . . .+. .L . . . ~~ E 1 E June 3, 1976 STATE OF CALIFORNIA 862 ss s COUNTY OF San Dieqo s 0” before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. iatson al _- -I E F known to me to be theX=- President, and XXXXXXXMXXXXXXXXXXXXXXXXX , %&y-w of the corporation that executed the within instrument, d and known to me to be the persons who executed the within f k instrument on behalf of the corporation therein named, and ac- -2 2 knowledged to me that such corporation executed the within f b instrument pursuant to its by-laws or a resolution of its board of $ directors. u Name (Typed or Printed) (This area for official notarial seal)