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HomeMy WebLinkAboutBP 77-40; S & L Enterprises; 77-143409; Future Improvement Agreement/Release* RECOROEC REBtJ9sI’ ;.i ci t/of- Cnr-lsbnd t APR 19 9 01 Wi OFFICIAL RCCI1R2: 8615 fllf CZ COUHT 1r I- 6: ‘: IihP! IV F t::,tiM I__--- - -_--- -._M-_.--..-- . --F-------- 3 pace a bol/c --g iis-‘i-iinc --~.-&-~--@T@g@@--;-i -:-- .l-.- . f i t-m name City Of Carlsbad Pa rce 1 I!o. 204-141-09 and 204-141-10 -- __ _----I__ ------ l__---.-__.-.l_-_---_- -_ --.-.----_.___- --.-___-_ _ -.-___ . 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 . - * . * . . 526 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 - 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 ( 2 ! 527 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 ) r’* . c - 529 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. xx . xx . . . xx . . xx xx 7’ . xx xx c 5 xx , . . . . 2-. xx xx . x . . xx xx . .- c -3 c 1. ; 530 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 --e&-dude a--