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HomeMy WebLinkAboutBP 76-209; Materials Inc; 76-429808; Future Improvement Agreement/Release, ' ~REC'ti'FIDING REQUESIED BY Ab!D ; . : ‘,4HEN RECORDED HAIL TO: 1 City of Carlsbad 1200.Elm Avenue I -222; ’ Carlsbad, CA yWP8 ! . c~FFIC’M1. RECflPF’2 SAN J1EGI) COllHT f. ,,h! i: Space above ,th‘is 1 ine t use . F i rm name declarant determining tax: City of Carlsbad Parcel No. 205-052-07 . . . CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS A.GREEMENT is made by the city of Carlsbad, a municipal corpoia t ion, hereinafter referred to as “City”, and Materials, Inc. , hereinafter referred to as “Proper- t y Owner” . RECITALS: * WHEREAS, Property Owner has applied to City for a Building Permit . for the real property hereinafter described, no\plr under Property Owner’s ownership; and . . WHEREAS, it has ‘been found that said property is not surtable for development in its present condition; however said property would be suitable for development if certakn pub1 ic improvements hereinafter described are constructed and certain irrevocable offers of dedication are made to City; and . . . . .._____. .-~--. .- . WHEREAS, the Municipal Code of City, Chapter 18.40 requires certain improvements and dedications as a condition of approval of this Building Permit; and WHEREAS, Property Owner has requested said Building Permit be granted by City in advance of the time said improvements are to be made; and WHEREAS, Property Owner, in consideration of the approval of . 223 . . said Building Permit des securing the construction of said ires to enter into this agreement improvements, and City has determined it to be in the public interest to agree to temporarily postpone said const ruct ion; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: . . Sect ion 1. ’ That City agrees to record any irrevocable offers o.f dedication made by Property Owner for Building Permit No. 76-209 a Sect ion--Z. That Property Owner, in lieu of making the herein- ‘-” after described improvements.before approval of said Building Permit 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 December 1, 1977. o,t- within such’ further period of time as is granted by City, provided, however, thdt 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 oi time which may have been granted by City: -1 .., (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 s’treet 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 .._. ‘.. intejsecting 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 sa/d 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 $1,977.00 l Property Owner hereby acknowledges that said cost, is a reasonable estimate of engineering and construct ion 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) . ii c ” . . 224 and covenants herein contained, Property Owner hereby grants to City a li’en upon the hereinafter described property in the amount‘of $1,977.04 ‘.’ plus any future increases of cost in excess of this sum resulting from increased engineering and cons,cruction costs, and in the event Property . , Owner, his s.uccessors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time speci- I fied herein, he agrees that City may do any or all of the following: . (a) Have the necessary engineer.ing for said improvements done, and install and constructSsaid improvements by contract or other- I ‘, wi se.. City or its contractor and his emp’loyees 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 successors, heirs, assigns, or transferees immediately upon completion of said improvements, In t’h’e event same is not paid within 30 days from completion, ‘C’ity may foreclbse said lien 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 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 ic. . 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 orpurchasemoney deed of trust for value which has been or may in the’ future be executed by the Property Owner, his successors, heirs, assigns, or transferee’s, and the lien 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 money mortgage.or :. . purchase money deed of trust, The lien hereby created ‘shall likewise be of no force or effect aga fnafter described is acqu . inst any owner whose t itlc to the property here- ’ t red by or as a result of a foreclosure or : ’ (3) - I ,. 1. Ji trustees’ sale of any such purchase money mortgage or purchase money deed of trust. . Sect ion 5. That at any time during t-he 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 sa,id surety with the cost of said improvements; the amount of bond to be the estimated cost of engineering and improvements : a’t 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 ion 6. Said City shall not, nor shall any officer or employee thereof, be 1iable”or responsible for any accident, loss or ; damage happen,ing 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 improveme-nts, . but all of said liabilities shall ‘be assumed by said Property Owner, and “ . his successors, heirs, assigns, and transferees, and they shall save the i ,e 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- I ing to be injured as a result of said work or improvements; Said Pro- :. perty Owner, and his successors, heirs, assigns, and transferees, further 1 - 1. 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. Sect ion 7. It is further agreed that said Property Owner will at all times up to the completion and acceptance of said work and im- . I .. j provements by the City, give good and adequate warning tc the traveling ‘: pub1 ic of any dangerous or defective conditions of pub1 ic propertyi The Property owner hereby agrees to pay for such inspection..of improvements as may be required by the City Eng*ineer of City. Sect ion 8. This agreement and the covenants con.tained herein shall bc blndlnq upon and inure to the benefit of the successors, heirs, ( ‘1 > I 226 assigns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. Section 9. A description of the property referred to herein and upon which said lien is imposed is described as follows: All that portion of Lot 16 of Patterson‘s Addition to the Town of Carlsbad in the City of Carlsbad, in the County of San Diego, State of California, according to the Map thereof No. 565, filed in the Office of County Recorder of San Diego County. Beginning at the most Westerly corner of said Lot 16, thence North 55 degrees 27 minutes East along the Northwesterly line of said Lots 16 and 17, a distance of 184.74 feet, thence South 34 degrees 33 minutes East 160 feet, thence South 55 degrees 27 minutes West 184.81 feet to the Southwesterly line of said lot 16, thence North 34 degrees 31 minutes 31 seconds West along said Southwesterly line a distance of 160 feet to the point of beginning. Together with that portion of the Southerly 10 feet of Pine Street lying Northerly and adjoining the above-described land as vacated and closed to public use. EXCEPTING THEREFROM the Northeasterly 124 feet thereof. xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx . 227 . . . Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: , Improvements 1. 2. 3. 4. 5. 6.' : Curb and Gutter $ 222.00 Sidewalk 285.00 Paving ,' Street light Engineering, 10% . TOTAL COST $ 1,977.oo. ' Estimated Costs 555.00 725.00 180.00 . I.3 : . STATE OF CALIFORNIA ) ) ss. COUNTY dF SAN DIEGO ) . : On /A3 /97Lz before me the undersigned, a Notary Public aid/State, peisonally 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. __ ~ : , AM> APPROVED AS TO FORM: City Attorney * eeed-&ZC*m OFFICIAL SEAL 3 NORA K. GARDiNER ! . NOTAH’ PUBLIC - CALIF, PRINCIPAL OFFICE tN .SAN UIEGO WuNTY ( MY COMMlSSlON EXPIRES JAN. 29, 1990 W*-2*2#2*&-4 J . . (Notarial acknowledgement of execution of owners must be attached). -6- - before me, personally appeared FOR NOTARY SEAL OR STAMP 1 known to me to be the -President, and ,-- ~- - , known to me to be -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. Signature Name (Typed or Printed) Notary Public in and for said County and State 1 REVA HOOPER \:7 NOT!WlY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. exolres MAY 24. 1979 k