HomeMy WebLinkAboutBP 77-108; First Coastal Enterprises; 77-170076; Future Improvement Agreement/ReleaseGf:~!,~9:::;j I I)(; ~ti:c-;i.~i.c;; I:Q CY --*;D j :*‘jtj[ 13 JiEC Cli'iIl tl) f"di i L T 0 ; >
C i f:j/‘of Carl5bnc.l 99 3
1200 E lrn Avenue 1 * Cat-l &ad, CA y2008
-.E,,P,A.~~~~~~$E~~~
RECt2RoEO R&UEsTDF
-d&d ciT,Y CLERK
.MN 5 9 50 Rwi
--_-_- _____
OFFICIAL REI”f?RDS SAN LIlEFci COUNTY.C4LiF. ---^~- ._---- -x_ -------- -I_--- . Space above this
Gocurnen t a ry t ra ns’fe r. tax : $140 fee NO FEE
>dL--- _-__..__ .----..- ---- --_-_ . Sicj-%?-ure of declarant deternlininy tax-
f i r-m name
City of Carlsbsd
Pa rcet No. 215-270-32 & 33 -- --
.
CCNTRACT FOR FUTURE PURL I C IMPROVEMENTS
,C.
THIS AGREEMENT is made by the c*ity of Carlsbad, a municipal
corpor;a t i on, hereinafter referred to as “City”, and First Coastal
Enterprises, a California Corporatioq,hereinafter referred to, as “Proper-
ty OiEJn~:I-" ,
RECITALS:
* WHEREAS, Property O\fJner has applied to City for a
Building Permit
f&i- tile real property hereinafter described, now under Property Owner’s
ownership; and . .
’ W-IEREAS, it has ‘been found that said property is not suitable
for development in it-s present condition, however sa-id property would be
suitable for development if certain public improvements hereinafter
described are coAstruct&d and certa.in irrevocable offers of dedication
arti made to City; and _. --
WHEREAS, the Municipal Code of'City, Chapter 18.40 requires
certain 'improvements and dedications as a condition of approval.o$ this
Building Permit;
and
WIIEPEAS, Property Owner has requested said Building Permit
be granted by City ili advance of the time- said improvements are to be
made; and
WHEREAS, Property Owner, in consideration of the approval of
* 77-n 0 1 I !
. . L .
1 995
said Building Permit desires to enter into this agrecmcnt
securing the construct-ion of said improvements, and City has detcrm i ncd
it to’be in the public interest to agree to t.cmpot-arily postpo’ne sa id
const ruct ion;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
f0-l lows:
Section 1 2 ’ That City agrees to record any irrevocable offers
of dedication made by Property Owner for Building Permit No. 77-108
Sect ion .2. That Property Owner, in lieu of ‘making the herein- I-”
after described improvements.before approval of said Building Permit
is granted, agrees ta-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 requi red to make
said improvements befor’e April 20, 1978 qr with;n such further period
of time as is granted by City, provided, however, that upon the happening
of either of the following occurrences sa-id improvements may, at the sole ,
election of City, be required to be made sooner than said date or such
extended period o? time which may have been granted by City:
(a) When The City Council finds that the owners of 40% or moie
of the frontage, including the frontage of Property Owner, between inter-
secting streets oh both sides of the stt-eet upon which the property herein
described has frontage, have agreed with City to install street impt-ove-
ments to City specifications. I
. (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 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 . I
said improvements at the time of signing tl-ljs cdntract is $810.60 .
Property Owner hereby acknowledges that said cost,is a reasonable
est irnate &F engi neeri +-jg and construct ion cost.5 at this time and that t-he
actltal cost of same at some- time in the future may exceed this estimate,
Sccl: ion 3 -------’ That for the Fa f thful performance of the prom1 ses
(0
I 996
and covenants herein co~ltained, Property Owner hereby grants to Ci ty a
lien upon the~hereinafter described property in:thc amount of $810.60 ,
plus any future increases of cost in excess of this sum resulting front
increased engineering and construction costs, and in the event Property
OwnTr- , 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-
wi sel City or its contractor and his emp.loyees may enter upon any
portion or portions of the property reasonably necessar-y for said
engineering and construction, and the ent i re 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. Irl the event same is not paid within 30 days from
completion, ‘C-;ty may foreclbse said !ien as provided by law for the
foreclosure of mortgages.
(b) Direct the City Engineer to estimate the co&t of necessary
eng i neer i rig, and the work requi red to install and construct said improve- ’
ments, and foreclose said
(c) Pursue any
specifically refe;t-ed to I-
lien in said amount.
remedy, legal or equitable (including those
lerein), 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 saidrproceedings.
Sect 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 benef.iciaries of any
purchase, money mortgage or purchasemoney deed of trust for value which
*has been or may in the futur “: be executed. by the Property Owner, his’
successors, heirs, assigns.7 or transferees, and the lien hereby created
shall be and is hereby subordinated to and declared to be inferior and
subsequent in 1 ien to the 1 ien of any such purchase money mortgage ‘or
purchase money deed :)I: trust. The, lien hereby created shal 1 1 ikew isc be
of no force or effect against any owner whose title to the property here-
Inafter described is ncqu i red by or as a rcsul t of a foreclosure or .’
-
‘. . I
I-
. . 997
trustees’ 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 sa,id surety with the cost of s,aid 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,
an! 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 shal 1 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 said City, nor any officer or employee thereof, be 1 iable for
any persons or prpperty injured by reason of said work or improvements, :
but all of s,aid liabilities shall be assumed by said Property Owner, and,
his succkssors, heirs,. assigns’, and transferees, and they shall save the
less from, and i ndemn i fy the City against, any’ and all claims, _
liabilities of or to
C i ty harm
suits and
i fig to be
any Person or p.roperty injured or claim-
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 ther’eof from
all liability or claim because of, or arising out of, the use of any
patent or .patented article in the constructi.on of said improvements. ’
Section 7. It is further agreed that said Property Otiner will
.
at al 1 times up to the complet ion’.and acceptance of said work and im- . .r ,
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 inspect ion of improvementS
as may be required by the City Engineer of City.
agreement and the covenants conta i ncd herei II Sect ion 8. This
Shn 1 1 I>c h I ntl i nil rtp011 ,31x1 i nr.rr(? to 1-11~ hcncf ( I: ) it of the stIc.cessors, Iici t-s,
,
* .‘a ,
, l .
998
l
assigns, and transferees of Property Owner, shall run witt? said real
property, and create an equitable servitude u.pon said real property.
Sect: ion 9. --- A description of the property ref&rrcd to herein
and upon which said 1 ic:n is imposed is desdribcd as ,fol lows:
Lots 167 and 168 of La Costa Meadows Unit No. 1, County
of San Diego,State of California, according to Map
thereof No. 6800 filed in the'Office,of the County Recorder
df San Diego County, December 9, 1970.
.
xx
. .
xx
. xd
xx
.
.
I
I
XX
-*
xx
xx ’ .v
xx
xx (5)
999 c
Section 10. The required improvements to be constructed and
the,estimatcd costs thereof are as follows:
i Improvements Est'imated Costs
1. 772 s.f. of 4" PCC sidewalk @ $1.05/s-f. $ 810.60
2.
3.
4.
5.
6.
,
Dated: cc&i 77
CITY OF CARLSBAD, a Municipal
r
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
1 ;* ” : _:_: :
.’ .”
) ss,
1
‘5”cg;;:.I“:~f’t/,c _ *y::/ f . rt ,pJ{ ‘:y,f,y.*<J
On , before me the un;6',‘&i&ed, a Notary Public 26; /qfT r said State, personally appeared Pa&l 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 Carlshad, California, executed the? same.
. .
i WITNESS my hand and official seal.
TOTAL COST
.
APPROVED AS TO FORPI:
City Attorney
-&A K. GARDINER
NOTAl?Y W BUC - CAUE i
PRiNClPAL OfftCe tn )a C.” - DIEGO cxuNT~ JAM. 29 km !
_ ,‘,,J
(N'otnrial acknowledgement of.execution of owners must be attached).
,
r- c-
TO 4.9 c
(Corporation) 1000
i STATE OF CALIFORNIA
COUNTYOF San Dieso > ss.
0 !FI
t
April 20, 1977 On _. before me, the undersigned, a Notary Public in a~(1 for said
Stare, persnnally appeared __- Frank Newberry --9
; known to me to be the President, and
--xx~ the corporation that executed the within Instrument, kmmn tn me to he the persons who rxrcuted the within
!i lnsl rumr*nl on l&df of the cnrpora.tion therein namv~ antI
2 arkn~~~lcdgrd to me that surh rorpnratiun executed the withio
in*trumrnt pursuant lo its by-laws or a resolution of its I~oaitl llllllllllllllltlllllllll~~~~f~~~~~~~~~~t~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~tt~t~~~~~~~~~tt~~~n~~~~t~~~~~~~~n~~~~ OFFICIAL SEAL
PFllNClPAL OFFICE IN
SAN DIEGO COUNTY
Name (Typed or Printed)
(this l -m *r 0111cial notarial seal1