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HomeMy WebLinkAboutBP 77-289; Eagle Properties; 77-273585; Future Improvement Agreement/ReleaseA * - . . . --fyjo . - . . $?ECDRD ING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 City of Carlsbad 1200 Elm Avenue 1 I j l ,_. ” ~QRESXE * JUL 8 I zdW7 Carl sbdd, CA 22008 1 QBPICIAL AlcQW~5 EAW Rlfw ebUNTVf Clbtf. WUY 8,8LRRM I . aECOaDCa I SpB’ce above this line for Recorder’s ‘use . NO FEE Documentary transfer tax: $No fee py/-L . Signature of declarant determining tax- f i rm name City of Carlsbad Parcel No. 21 !j-250-17 . . CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the city of Carlsbad; a municipal corpora t ion, hereinafter referred to as “City”, and Eagle Prope,rties, a Partnership , hereinafter referred to as “Proper- ty .Owner”. REC,ITALS: - -- WHEREAS, Property Owner has applied to City for a Building Permit for the real property hereinafter described, now under Property Owner’s ownership; and + . . WHEREAS, it has ‘been found’that said property is not suitabTe for development in its present condition; however. sa id property wou id be suitable for development if certain 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 . - . . . . s 1751 said Building Permit desires to enter into this agreement securing the construction of said improvements, and City has determined it to b6 in the public interest to agree to temporarily postpone said construct ipn; NOW, THEREFORE, IT IS AGREED between the parties hereto as . follows: . . Section 1. ’ That City agrees to record any irrevocable offers of dedication made by Property Owner for Building Permit No. 77-289 Sect ion -2. That ,Property Owner, in lieu of making the herein- ‘. -3 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 required 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 fol’lowing occurrences .said improvements. may,. at the sole , ‘election of City, be required to be made s*ooner than said date or such extended period o? time which may have been granted by City: (a) When th,e 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 - . ._ ‘.. intersecting 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,id streets. Said improvements shall be made without cost or expense to Cl ty. City estimates that the‘cost of engineering and construction of . said improvements at the time of signing this contract is $5680.00 . ’ -. . . Property Owner hereby acknowledges that said cost, is a reasonable * estimate of engineering and construction 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) . ,. I%;! and covenants herein contained, Property Owner hereby grants to City a . . li’en up,on the hereinafter described property i’n the amount of $1,68Q.QQ, plus any future increases of cost in excess of this sum resulting from increased engineering and construction cost.s, 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- 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- ‘. wise. 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’he event same is not paid within 30 days from completion, ‘City may foreclbs:e sa.id lien as provided by law for the _ I foreclosure of mortgages. f :_ (b) Direct the City Engineer. to estimate the cost of necessary engineering, and the work required to install and construct said improve- me’nt s , and foreclose said lien in said amount. (c) Pursue &ny remed’y, legal or equitable (including those * , specifical1.y referred to h&re.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 3n said*proceedings. . Sect ion 4. That it is agreed that anything herein contained to- the contrary notwithstanding, the promises and covenants made herein shall / I not be binding upon the holders, mortgagees, or beneficiaries of any ! I purchase: money mortgage or purchase money deed of trust- for value which . . * has been or may in the. futur e be executed by the Property Owner, his successors, hei rs, assigns, or transferees, 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 dr . . , purchase money deed of trust. The lien hereby created .shall likewise be of no force or effect against any owner whose title to the property here- lnafter descrlbcd is acquired by or as a result of a foreclosure or . (3) . . ... . .- . . .I . - -. . - . 1’753 trustees’ sale of any such purchase money mortgage or purchase money deed ofitrust. . . . 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 said improvements; the . amount of bond to be the estimated cost of engineering and imprbvements 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 Iqond 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- w 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 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 preperty injured by reason of said work or improvements, ’ but all of said liabilities shall be assumed by said Prope.rty Owner, and his successors, heirs, assigns, and t.far%ferees, 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 improvements; Said Pro- perty Owner, and his 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 will at all times up to the completion and acceptance of said work and im- . provements by the City, give good and adequate warning to the traveling public of any dangerous or defective conditions of public prdperty. -‘The _ Property qwner hereby agrees to pay for such inspection. of improvements as may be required by the City Engineer of City. Sect Ion 8. This agreement and the covenants contained herein shall bc btndlnq upon and inure to the benefit of the successors, hetrs, (‘t) . ,k a I * . . : ; . -1 .. assigns, and transferees of Property Owner, <hall run with said real propertafj and create an equitable servitude upon said real property. x Sect ion 9. A description of the property refe.rred to herein and upon which said ‘lien is imposed is desdribed as follows: Lo-t.65 of La,$Ios,ta..: Meadows Unit No. 1 according to Map thereof No. 6800 filed in the'office of the County Recorder of San Diego County, . State of California, on December 9, 1970. xx’ - . . xx xx . . : . _: . xx . . . . . .XX . . . . . - (5) . . xx’ * - . xx _’ xx -. -* . -. xx-- I . - xx .-_ -- . . . . Section 10. The required improvements to be constructed and the. estimated costs thereof are as follows: . , Improvements Estimated Costs' . 1 . 589 s.f. of 4" PCC sidewalk @ $1.05/s.f. $ 618.00 2im 118 1.f. of 3" high ret'aining wall 1,062.OO c $9,00/l.f. d,* 4 . TOTAL COST $ 1,680.OO' ' ' Dated- . Tycp7 c .-- . CITY OF CARLSBAD, a Municipal , . ,;;:a; ;;;;e,:,,,. STATE OF CALIFORNIA ) ) ss. * . COUNTYOFSANDIEGOA)-,. . : ,. . On du.& 6../9?7 before me the undersigned, a Notary Public in g&d for/said State, peisonally appeared Paul D. Bussey, known to me to beVthe Ci'ty 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. \ l . . WITNESS .my hand and official seal. : . . ZIPPROVED AS TO FORM: 4eShCe-H OFFICIAL SEAL (Notarial acknowledgement of execution of owners must be attached). STATE OF CALIFORNIA a b i;- known to me to be ^a 2 that executed the within instrument and acknowledged to me that E r” such partnership executed the same. $ NOTARY PUBLIC-CALIFORNIA 8 PRINCIPAL OFFIC,E IN SAN DIEGO COUNTY Name (Typed or Printed) (This wee for otficial notarial real)