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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