HomeMy WebLinkAboutBP 77-251; Caplock Corporation; 77-000000; Future Improvement Agreement/Release_’ . . -----~ 7
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. RdlNC REQUESTED BY’AND 1
RECORDED MAIL TO;
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City of Carlsbad i . 1200 Elm Avenue 1 Carlsbad, CA 22008 )
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I ) Sp’a’ce above this line for Recorder’s
use .
Documentary t rans’fer tax: $No fee mL
Signature of declarant determining tax-
firm name
City of Carlsbad
Parcel No. 215-460-20
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CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the C?ity of Carlsbad; a municipal
corporation, hereinafter referred to as “C ty”, and Caplock Corpdration,
a California Corporation
t y Owne r’l .
RECITALS:
, hereinafter referred to as “Proper-
- WHEREAS, Property Owner has appl ed to City for a
Building Permit No. 77-251
for the real property hereinafter described, now under Property Owner’s
ownership; and . . . -
WHEREAS, it has ‘been found that said property is not suitable
for development in its present condition; however, sa id 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 . . ..A _, .-- -. .-
WHEREAs, the Municipal Code of City, Chapter 18.40 requires
certain improvements and dedications as a condition of approval of this
Building Permit:
and
hXEZEAS, ProperQ &mar Bas requeste" said ?zuih?.Fnq L3~xd.t
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
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Building Permit .desires to enter into this agreement J
securing the construction of said improvements, and City has determined .
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it to be in the public interest to agrke to temporarily postpone said
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construct i,on;
NOW, THEREFORE, IT IS AGREED between the parties hereto as .
follows: . .
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Section 1. ’ That City agrees to record any irrevocable offers
of dedication made by Property Owner for Building Permit No. 77-251
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 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 requi red to make
said improvements before July 1, 1978 qr 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 t
extended period o\f time which may have been granted by City: .
(a) When the City Council finds that the owners of 40% or more ‘I. . .
of the frontage, including the frontage of Property Owner, between inter-
secting streets on both sides .of the street upon which the property herein
described has frontage, have agreed with City to install street improve-
ments to C-i ty specificat ions, . ,’
lb) .When owners of more than 50% of the frontage, between
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inteisec,ting 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 streats.
Said improvements shall be made without cost or expense to
city. City estimates that the cost of engineering and construction of . I 3
said improvements at the time of signing this contract is $1,519.00 l 2 ,'
Property Owner hereby acknowledges that said cost ‘is a reasonable . ‘!
estilllate of engineering and cons,tructlon costs st this time,and that the ;*
actual cost of same at some time In the future may exceed this estimate.
Sect Ion 3. That for the faithful performance of fhe promjses
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alr dcovenants herein contained, Property Owner hereby grants to City a . .
Ii’en upon the hereinafter described property i’n the amount of $1,51g..Ojo,
plus any future increases of cost in excess of this sum resulting from
increased engineering and construction costs, and in the event Property
Dwner, his s.uccessors, 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:
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(a) Have the necessary engineering for said improvements
done, and install and construct said improvements by contract’or other- / Q *
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 shall be
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charged against said property and payable by said Property Owner, his
successors, heirs, assigns, or transferees immediately upon completion
of said improvements. In the event same is not paid within 30 days from
completion, ‘C.ity may foreclose said lren as probided by law for the _
foreclosure of mortgages.
. (b) Direct the City Engineer’ to estimate the cost df necessary .I
engineering, and the work required to install and construct said improve- i
me’nt s , and foreclose said lien in said amount.
(c) Pursue ‘any remed.y, legal or equitable (including those ’
specifically referred to here.in), 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. .‘.
.Section 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’futur n be executed by the Property Owner, his
successcrs, heirs, assigns, or transferees, and the !ien hereby created :
shall be and is hereby subordinated to and declared to be inferior and :w
subsequent in lien to the 1 ien of any such purchase money mortgage or . .
purchase money deed of trust. The llen hereby created shall likewise be
of no force or effect against any owner whose title to the property here- ’
lnafter described Is acquired by or as a result of a fore+osure or ,:
(3)
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&rustees’ sale of any such purchase money mortgage or purchase money
deed of trust. . .
Sect ion 5. That dt 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 said improvements; the
amount of bond to be the estimated cost of engineering and improvements
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at the time of such deposit or posting as ascertained by t.he City Engineer,
and that upon depos i t of sa id cash or post i ng of sa id bond the C i ty
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-
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perty to be released from the lien herein imposed.
Sect ion 6. ‘Said City shall not, nor shall any officer or
employee thereof, be liable’or responsible for any accident, loss or
damage happen?ng 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 liable for ‘I
any persons or property injured by reason of said work or improvements, .
but all of said liabilities 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 said work or improvementsi Said Pro-
perty Owner, and h’is successors, heirs, assigns, and transferees, further -.
agrees to protect said City and the officers and employees thereof from
a!1 liability or claim because of, or arising 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 wi 11
at r!l times. up to the cc;mpletion and acc,eptanbe of said work 2nd im-
provements by the City, give good and adequate warning to the traveling
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public of any dangerous or defective conditions of public property. The i
Property Owner hereby agrees to pay for such inspection,of improvements !
as may be required by the City Engineer of City. a.
Sect ion 8. This agreement and the covenants contained herein . i
shall be blndtnn upon and Inure to the benefit of the successors, heirs,
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assigns, and transferees of Property Owner, tihall run with said real
property, and create an equitable servitude upon said real property.
Sect ion 9. A description of the property referred to herein
and upon which said ‘lien is imposed is described as follows:
Lot 684 of La Costa Mee'adows Unit No. $k, according to Map
thereof No. 7367, fikd in ihe Office of the County Recorder of San Diego
County-on July 19, 1972.
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. . Section 10. The required improvements to be constructed and i
the. estimated costs thereof are as follows:
, Improvements ' ' Estimated Costs'
1. 1256 s.f. - 4" PCC sidewalk
2%~ Lump sum grading .
$ 1,319.oo
200.00
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TOTAL COST $ 1,519.oo * c
Dated:
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STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) , . . '
CITY ,OF CARLSBAD, a Municipal
Corporation of the State of California, executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, Cal,&fornia, executed the same. . : .'
WITNESS my hand and official seal. :
APPROVED AS TO FORM: ZlrZe4ZrC-ES.E-C OFFICIAL SEAL
NORA K. GARDINER
NOTAW PUBLIC - CAUF. ,
*(Notarial acknowledgement of execution of owners must be attached).
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ONAL FORM 175
MERLY FS-88)
MARCH 1975
DEPT. OF STATE
50175-101
Certificate of Acknowledgment of Execution of an Instrument
-----v ------_-----------_-____________I____ (Country)
.-------------------________I___________---- (County and/or other political division)
Qrefit .?;+l :’
.-----_------_------------------------------ (Name of foreign service office)
r Leslie Ann Cergpn ,-------------------------- --------------,.---- Yim-ConsuJ --------- I---- ----.
of the United States of America at London Eqg.J,w& --,--------+--- _-------------------------------
duly commissioned and qualified, do hereby certify that on this twen&y-third ________-__ -------------
day of,,,_,JI~~~~~Z----_----, before me personally appeared ---------------------------- (DATE) -ROSE MARIE CAPLAN- ------------- --------------- _____-_--- m---- --_------_-- ---- ----q-- ----------------- ------.
to me personally known, and known to me to be the individual--described in, whose
name,,@,,,subscribed to, and who executed the annexed instrument, and being
informed by me of the contents of said instrument.L&--,-duly acknowledged to me
that&?--executed t he same freely and voluntarily for the uses and purposes therein
Amen tioned.
au signatures to a document should be included in one certificate.
In witness whereof 1 have hereunto set my hand and
Leslie Ann Gerson
,Ybdhnmii-- of the United States of America