HomeMy WebLinkAboutADJ 112; Tamarack Partners; 77-122031; Future Improvement Agreement/Release. . a 1
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Parcel No. 204-280-018 and 02i -.- _-_-.. m.-.-------._---. - -....___._ ___ --_-_~.--. -___--_-- "--I_
CONTRACT FOR FUTURE PUGLIC IMPROVEMENTS ~-,-- __1__---.- -__--
THIS AGREEMENT is made by the City of Cartsbad, a n-tltnicipal .
corporation, hcreina-fter referred to as “City”, and 666 Tamarack Ave., I
a Limited Partnership
t y Ownc I-” .
RECITALS:
, he t-ei naf
WHERE.\S I Propel--hy Owner has appl ied t.o C ity for an
adjustment plat
for the real property hereinafter described, now under f-‘t-operty Ovu’ner’s
m/net-sh i p ; and
WHEREAS, it has been found that said propzr:y is nat suitable
for deve 1 opment in its present condition, however said property would be
suilrablc for development i f certa i n pub1 ic improvements hereinafter
described are const rutted and certa i n i rrevomhlc offers of dedication
at-e made to Ciuy; and
WHEREAS, the Municipal Code of City and letter dated
December 13, 1976 approving.adjustment plat No. 112
attached hereto and i ncorporsted by t-e-fercnce herei t-1 t-equ i re certa i tI
i rip rovenient s s tld ded i w t ions as a corr-!d i t i on or’ appt-ova I of th i s
adjustment plat ; and
WHEREAS, Property Ok\rr-te r has requc,sted said adjustment @at
bc granted by City in sdva txc of the t in;e sa i d i mprovetnetltS a t-e to be
made; and
’ wtlEnt~As~ Propczrty Oi~rler-, i 11 cons i de ra t ion of the app t-ova 1 of
0 77-7
. 2016
~a id adjustment plat de:? i r-es to enter i nto t-hi s sgrec:melnt
52 c c L! r i ng 1 tic cons! ruct ion of’ said I mp I- ovenl~ n 1: 5 , 3 lid C i ty, has dcte t-m i nccl
it to kc in the pub1 ic interest to a~j~-ee to tclripot-at-i ly postpone said .
const rucl ion;
NOW, Tt-IEREFORE, IT IS AGREED between Lhe pat-t its hereto as
r-01 lows:
Sect i on 1 I ------_--- Tllat City agrees to record any irrevocable offers
of dedication made h\. Property Owner for improvement of Tamarack Avenue
along the adjustment plat frontage
_Sect ion 2, That Property Owner, i n 1 i eu of lIlaI< i ng the here i n-e p..,
after described iniprovements before approval o-f said adjustment plat
ir, granted I agrees to insta 11 and construct, or cause to be i nst-;I 1 led
OI- cons~.ructc.d, sa id improve~ments in accordance. wi th plans and speci f i -
cations spp:-oveci by the City Engineer within 60 days after writteln
demand so to do by ‘C i t.y. Yroperty Owner sha 1 1 not be rcqu i red to make
sa id improvements before April 1, 1978 or within such further period
of time as is granted by City, provided, however, t-hat upon the lhappeni ng
of either of the fol lowing occurrences said improvements may, at the sole
election 0-F City, be rcyui red to be made sooner. than said date or such
extended period of time which,may have been granted by City:
(a) When tile City Council finds that the owners of b.OXi or more
of the frontage, including the frontage of Property Owner, between inter-
sect.ing streets on boi:h.sides of the street upon which ttie property’ het-tin
descr i hcd has frontage, have agreed with City.to install street i!:>prove-
merrts to City specifications.
(b) When owners of more than 50% of the frontage, between
int‘crsecting 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 shal 1 be made without cost or expense to,
c i t)i City estimates that the cost of.engineering and construction of .
sn i d i nIp.rovemen t s at the time of signing this contract is $22,690.00 .
Property Owner hereby acknowledges that said cost is a reasonable
estimate of engineering and construction costs at this time. and that the
ac.tlJZl 1 COSt Of Sc7llle at some t ime in the future n~ay exceed this estimate.
Section 3. -- That for the f-a i tf-Jul performance OF the promises
. \
i, tld cc)vclw~ n 1s he t-e i n conta i tied , Property Owtic3r Ilereby grants to City a
1 ien upon-I the hcr(finafter described property i II the nntount of $22,690.)
plus any future i ncl-cases of cost in excess of this sum rosultinq -from
i ncreased eng i neet- i ng and cor~st rctct ion costs, and in the event Propert\ . .
Owner, his succcssot-s, hei t-s, assigns, or transferees fa i 1 to instal 1
and construct said improvementr, in the manner and within the time speci-
fied herein, be agrees that City may do arty or all of t-he following:
(a > Have 1: t- ie necessary engi tneering for said improvements
done, and instal 1 and constructs said improvements by cont:ract or other-
w i s ti , C i ty or i ts cant rsctot- and hi s empl oyccs may entet- upon any
portion of- pot-t ions of the property reasonably necessary for said
enqincerincj and construction, and the ent i re cost and expense shal 1 be
charged against: said property and payable by said Property Owner, his
ion
from
successors, heirs, assigns, or transferees inimcd iate
of said improvements LI In the cvenl: same is no:; pa id
camp 1 et i oil, C i’ty may forec 1 ose said lien as provided
forec 1 osu t-e of mortgages.
1 y p ii 0 n c 1 e t onip
within 30 days
b 1 a w y f 0 r 1: h c
(b) ,D i rect the City Engineer to est imate the cost of necessary
engineering, and the wet-k required to insiall and cons;truct said impt-ove-
ments ), and foreclose said 1 ien 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 1 iable -for reasonable attorney’s fees as a cost in said proceedings.
Section 4. That i.t is agreed that- anything he t-ei II contained to
the contrary notwithstanding, the promises and covenants made herein shall
not be binding upon I-he holders, mortgagees, or beneficiaries of any
purchase: money mortgage or purchase money deed of trust for value which
has been or may in the .futurc be executed by t:he .Property 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 lien of any such purchase motley mortgage.or
(:,\I t-chase money deed of trust. The lien hereby created shal 1 1 iltewise be
. of no force or e,Ffect a+~ inst any owner whose title to the property here-
inafter described is acquired by or as a result of a Foreclosure or
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deed
t e e I.: ’ 5 a 1 e of any such pu rchasc fiioncfc.) riiortyagc 07 pci rchase riioney
of trllst.
Sect ion 5. That __I_---..-. ;:I. any t irnc: during the period herein provided,
the Property Owner, his successors, heirs, assigns, or transTcrees may
deposit a cash bond or post. a surety p:?rforniance bond sat isfactory to
the City to charge said surety wi th the cost o-I’ sa id improvements; t’he
amount of bond to be the est i~matcd cost of engineering and improvements
at the time of such deposit or posting as asccrta i ned by the C i ty Engi neer,
and that upon deposit of said cash or post i ng of said bond the: City
agrees to release the property, or any portion of it as to which said
deposit or posting appl ies, from the provisions of this agreement, and
to execute any necessary release to. enab i e tlie record -I-it le of fhe pro- .
perty to be relea,sed from the 1 ien herein imposed.
Sect ion 6. “^__.~- -““- - Said City shali not, nor shal 1 any officer or
emp 1 oyee thereof, be 1 iabie or responsible for any accident, loss or
damage happeni ny br occurring to the work or improvements speci-fied in
this agreement .prior to the completion and acc.eptal>ce of the S~IIC, nor
shall said City ? nor any off i cer or eri;ployee thereof, be 1 iable for
any pet-sons or property injured by reason of said work or improvements,
but all of said li.abilities 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 iabilities 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 I-bis successors, heirs, assigns, and transferees, further
agrees to protect said City and the officers and employees thereof from
all 1 iabil ity or claim because of, or arising out of, the use of any
patent or patented article in the construction of said improvements.
Sect ion 7. -...--. -..-- _.“.. --. It is further agreed that said P-!;opcrty Owner wi 11
at al 1 times up to the completion and acceptance o,f said work and im-
provcments by the City, give good and adequate warning to the traveling
pub1 ic of any dangerous or defective conditions of pub1 ic property. The
P ropcrty Owner hereby agrees to pay for such i nspcction of improvements
as may be required by the City Engineer of City.
c
Section 8 ““.“-.-,--.-A Th i s agreement and the covenants conta i ned hcrci n
s ha 1 1 be 1-j i nd i nq capon and in!jri: 10 t:hc bcncfit of 1:he sriccessor5, hei I-5,
( 11 j
. ’
* . . “’
ass ic-ris, i! rnd 1. i-a II3 fe 1-(r3es of I’rope 1-1-y @blnc2r’, r;ii;-. I1 rufr wi tl~ .sa id rea 1
p r 0 p e r t. y , and create an equitable c;(-!rvi~ude upcjn :;aid rea 1 proper-t:y.
Sect- ion 9 c A d c s c I- i p 1: i c? n 0 f I- 12 e ---.--..---A-. - p~ropei-ty refer red to here i 12
and upon whic;ti r;aid lien is imp>osed is dk2scribed a5 follows:
That portion of Tract 231 of the Thum Lands, in the City of
Carlsbad, County of San Diego, State of California, according to the Map
*thereof No. 1681, filed in the office of the Recorder of said San Diego
county, December 9, 1915, described as follows:
Beginning at the south'east corner of said Tract 231; thence north
a distance of 28O39' West along the northeasterly line of said Tract,
226.8 feet to the most easterly corner of land conveyed to the Carlsbad
Union School District by Deed dated October 5, 1955 and recdrded in Book
5834, page 140 of Official Records: thence South 61°21' West along the
southeasterly line of said land 558.35 feet to the northeasterly corner
of the land described in Deed to Gregory W. Losa and Katherine J. Losa,
husband and wife, recorded March 11, 1958 in Book 6989, page 33 of Official
Records; thence along the northeasterly line of said land conveyed to Losa
South 28O39' East 226.80 feet to the southeast corner thereof being also a
point on the northerly line of Tamarack Avenue; thence North 61021' East
along.said northerly line 558.35 feet to the point of beginning.
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Section 10. The required improvements to be constructed and ---..._- I_
tile estimated costs thereof 8re as fol.‘lows:
~“~~~iiV~T~!~~,t~W~~ Estimated costs _-- __--.- --_.-. __._l.__
1. A.C. Pavement 13,500 sq.ft. @ 0.75 $ 10,050.
2. Sidewalk 2875 sq.ft. @ 1.00 2,880.
3, Curb & Gutter 575 ft. @ 4.00 2,330.
4. Street lights 3 @ 1,100 3,300.
5 . Street trees 12 @ 100 1,200.
6. 15% Engineering & contingencies 2,960.
TOTAL CG5:9: I $ 22,690.
a'limited Partnership
-. -- .-.- ,--__-- Property Owner
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* STATE GF CALrFeRNrri
COUNTY OF SAN DIEGO
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c L Y’Y OF CARLSB.W, a Muliici.pL7.1 -~tion of the sirate of ;y-Jz?eyz?eyL ____
l?aul D * msscy y-=-&y 7TzGjFr
On Bd&% 1971 , before me the undersigned, a Notary Public in and for,ss3?%tater personally appeared Paul D. Gusr;ey, 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 bchal..f of said Municipal CorporaC:ion, aiid ac:knowledgcd to me that such City of Carl.sb:~~d, California I cxec~?t:.?d the same.
WITNESS my hand and official seal.
AFl?HOVED AS TO F3FU~l:
City Attorney
czzce-I)
OFFICIAL SEAL ,
NORA K. GARDINER .
NOTARY PUBLIC - CALIF f
PRINCIPAL OFFICE IN \ -
SAN DIEGO COUNTY
\ MY COMMISSION EXPIRES JAN. 2% lg80 \ \
E---4---------~
(Notarial acknowledgement of execution of owners must be attached).
-6-
and State, personally appeared
known to me
to be of the partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
Name (Typed or Printed)
Notary Public in and for said Covnty and State
~
” * P:incipal OKice, San Diego Co. Calif.
FOR NOTARY SEAL OR STAMP