HomeMy WebLinkAboutBP 77-40; S & L Enterprises; 77-143409; Future Improvement Agreement/Release* RECOROEC REBtJ9sI’ ;.i
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APR 19 9 01 Wi
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. f i t-m name
City Of Carlsbad
Pa rce 1 I!o. 204-141-09 and 204-141-10 -- __ _----I__ ------
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CONTRACT FOR FUTURE PUBLIC il4PROVEMENTS -_-- --1_-1_ -__--- ---..-____--
THIS AGRECMEIIT is made by the C’ity of Carlsbad, . a municipal
cot-pora t i on, hereinafter referred to as “City”I and S & L Enterprises,
a partnership , hereinafter referred to. as “Propcr-
ty Owner”.
KEC 1 TALS:
. WHEREAS, Property O!fdner has app 1 ied to City for a
Building Percit
for the real property hereinafter described, 11o.w under Property Owner’s
ownership; and . .
’ WI-IEREAS I it has ‘been found that said property is not suitable
for development in its present condition, however said property would be
suitable for development if certain public improvements hereinafter
described are coistructed and certa,in irrevocable offers of dedication
aye made to City; and
WHEPEAS, the Municipal Code of‘City, Chapter 18.40 requires
certain improvements and dedications as a condition of approval.of this
Building Permit:
and
WHEFEAS, Property Owner has requested said Building Permit
5e granted by City iri advance of the time- said improvements are to be
* made; and
. WHE-REAS, Property Owner, in consideration of the approval of
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said Building Permit dcs i t-es to enter into this agreement
sccut-ing the construction of said improvements, and C ity has detcrmi ned
it to’be in the public interest to agree to temporarily postpone said
const ruct ion;
NOW, THEREFORE, IT IS AGREED b,etween the parties hereto as
fol!ows:
Section 1. ’ That City agrees to record any irrevocable offers
of dedication made by Property Owner for Building Permit No. 77-40
Sect ion ,2. That Property Owner, in lieu of making the herein- *. ‘1
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. sp*ecifi-
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 April 15, 1978 or within such further period
of time as is granted by City, provided, however, that upon the happening
of either of the fol lowing occurrences sa.id improvements may, at the sole ,
election of City, be required to be made sooner than said date or such
extended period of time which may have been granted by City:
(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 street 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
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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 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 this contract is $4,100.00 .
Property Owner hereby acknowledges that said cost.is a reasonable
estimate OF enginccricg and construction cost!: at: this time and that t-he
actual cost of same at some time in the future may exceed this estimate.
Sect- ion 3 .----L-,---A That for the faithful performance of the prom! ses
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and covenants herein contained, Property Owner hereby grants to City a
1 ien upon thc~hereinaftcr described property ‘irt:thc amount of $4,100.00,
plus any future increases of cost in excess ol- this sum resulting from
i ncreascd engineering and construct ion costs., and in the event Property
Own$r, his successors, heirs, assigns, ‘or transferees fail to install
and construct said improvements in the manner and within the time speci-
ineering for said improvements
fied herein, he agrees that City may do any or all of the following:
(a) Have the necessary eng
done, and install and construct ,said
wi sel City or its contractor and his
improvements by contract or other-
employees may enter upon any
portion or portions of the property reasonably necessar,y 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. 1~ the event same is not paid within 30 days from
completion, ‘C’ity may foreclose said lien as provided by law for the
foreclosure of mortgages,
(b) Direct the City Engineer to estimate the c.ost 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 refeired 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 saidcproceedings.
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 orpurchasemoncy deed of trust for value which
-has been or may in the futurs -be executed- by the Property Owner, his‘
successors, heirs, assigns.7 or transferees, tind 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 of trust. The-lien hereby created shall 1 ikewise be
of no force or effect against any owner whose t itlc to the property here-
inafter described is acquired by or as a result of a foreciosurc or
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 sat isfactory 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 shall 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 I 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 succ&ssors, heirs,. assigns; and transferees, and they shall save the
City harmless from, and indemnify the City against, any’-a-nd all claims, _
suits and 1 iabi 1 it ies of or to any person or p.roperty injured or claim-
it?g 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
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 all times up to the completion .and acceptance of said work and im- . .e I
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.
Sect ion 8. This agreement and the c’ovenants contained herein
shlnll hr! hlndincr capon ;~ncf in\lt-c to thr> hcncfi t of the! s\tcccssors, hei t-s,
( II )
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assigns, and 1: t-ansferecs of Propc t-t-y Owner, shall run with said real
property, and create an equitable servitude u.pon said real property.
Sect ion 9. A description of the property ref&t-red to herein
and upon which said lien is imposed is described as ‘fol lows:
Lots 5 and,6 Block C of Palisades Subdivision, in the City
of Carlsbad, County of San Diego, State of California,.
according to map thereof No. 1747, filed in the Officekof
the County Recorder of San Diego County, February 5, 1923.
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Section 10. The required improvements to
the,estimated costs thereof are as follows:
, Improvements _-
1, Remove existing curb and gutter, and a portion of existing curb return
2. Install curb & gutter, 125 ft.@ $450. .
3. A.C. Pavement-approx. 550 sq.ft @ 0.60
4. Install concrete sidewalk in Maple Ave. 45 ft. @ $5.00
3. Miscellaneous concrete work' r
6. 20,000 lumen street light
7. Engineering and contingencies
TOTAL COST
Dated: 4- 4 2. - 7 -j
.
be constructed and
Est'imatecl Costs
$ 750 Lump Sum
560
330
225.
200.
1,500.
535.
$ 4,100.
a Municipal?
STATE 0~ CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
On before me the undersigned, a Notary Public i pecsonally 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. . ,, . .
l ‘. . WITNESS my hand and official seal. .'
APPROVJED AS TO FORM:
City Attorney V \
--*--za-e- OFFICIAL SEAL 7 - NORA K. GARDINER 1 NOTARY PUBLIC - CALIF. \
*
PRINCIPAL OFFICE IN \
SAN DIEGO COUNTY
SlbN EXPIRES JAN. 2% 1980 c--v 1 **~*--a---
(fi&arinl a k c nowledgcment of.execution of owners must be attached).
-G-
-
TO 444 c
(Attorney in Fact)
STATE OF CALIFORNIA 531
COUNTY OF San Diego SS.
On 12th day of April, 1977 --__I-\
personally appeared before me, the undersigned.. a Notarv Public in and for said State, Mozelle Lester
known to me to be the person- whose name- is t
Attorney- in fact of Roy E. Lester subscribed to the within instrument, as the
and acknowledged to me that
of subscribed the name _ she .
Roy E. Lester
and her thereto as principal - own name- as Attorney- in fact.
WITNESS my hand and official seal.
Name (Typed or Printed)
STATE OF CALIFORNIA
COUNTY OF-. San Diego ss. __
On 12th day of April, 1977 -3
before me, the undersigned, a Notary Public in and for said County
and State personal1 gppeared Fartils Wanr<,er, Roy E. Lester,
Doyle M. Whitlow. pan & !$f$mam
known to me
to be- the names of the partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
Signatur /;;; ‘,/ ,,.=p [/- ,p
Carol Ann Angiolet
Name (Typed or Printed)
Notary Public in and for said County and State
(This area tar s(llclal notwlrr aear>
0 TI
FOR NOTARY SEAL OR STAMP
OFFWAL SEAL
CAROL ANN A..GfOLEl
NlilA*Y Pti!3LlC-f~tiFORNIA
?RMCIPAL OFFICE IN
5114 OIECU c4llwr
Sy &wtmMx~ Expires Nay 23. 1978
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