Loading...
HomeMy WebLinkAboutBP 77-571; Regency Estates-Carlsbad Meadows; 77-480683; Future Improvement Agreement/Release5 1 i:. i. / i'Ar;E H!!, -!22?48m City of Qrlsbad 1200 Elm Avenue Carlsbad, CA 92008 1 5UOK 1977~ -, RECORDI REUUESTui ~b?&!!!? CITY CUR&, Nov 2i .9 ~2 hH’7/ rji Cii,iAL RECQROS e,;r\NSlEGOGOUN7'r,CALIF. liAI\LEY F.ikOOli .j tiECORDER .-II Space above this line for Recorder's Use -NQ FEE Documentary transfer tax: $ No fee Signature of declarant determining tax- firm name City of Carlsbad - ' Parcel No. 215-310-10 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS --- THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and REGENCY ESTATES- CARLSBAD-MEADOWS, a limited partnership hereinafter referred to as "Property Owner". RECITALS: WHEREAS, Property Owner has applied to City for a Building Permit (Plan Check No. 77-571 ) for the real property hereinafter described, now under Property Owner's ownership, 2nd WHEREAS, 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 constructed and certain irrevocable offers of dedication are made to City; and; WHERZAS, 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 sa;-! Building Permit desires to enter into this agreement securing the construction of said improvements, and City has determined it to be in the public interest to agree to temporarily postpone:said construction; - 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 said Building Permit (Plan Check Nun-her 77-571 1. 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 specifications approved by Section 2. That Property Owner., in lieu of making the hereinafter r 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 , OCTOBER 15, 1978 or 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 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 rrontaye,. 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 improvements to City specifications; (b) When owners of more than 50% of the frontage, between inter- secting streets on both sides of the street upon described has frontage, have petitioned the City district for the improvement of said streets. which the property herein to form an improvement Said improvements shall be made without cost or expense to City. City estimates that the cost of engineering and construction of said improvementsat the time of signing this contract is $ , 3ann . -,- - 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 and covenants here i n conta i ned, Property Owner hereby grants to City a 1 i’en upon the hereinafter described property in the amount of $l~**o.oo , ,‘~ plus any future increases of cost in excess .of this sum resulting from increased engineering and construct ion cost,s, and ip 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- t f ied 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 employees may enter upon any portion or por’tions of the property reasonably necessary for said engineering and construction, and the entire 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, In the event same is not paid within 30 days from completion, ‘C’ity may foreclbse s’aid lien as provided by law for the foreclosure of mortgages. (b) ijirect the City Engineer to estimate the cost of necessary engineering, and the work required to install and construct said improve- ment s , ancj foreclose said lien in said amount. (c) Pursue any remedy, legal or equitable (including those specifically referred 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 said<proceedings. Sect ion 4. That it is agreed that anything herein contained to the contrary notwithstanding, the promises and covenants made herein shal 1 not be binding upon the holders, mortgagees, or beneficiaries of any purchase: money mortgage or purchase money deed of trust for value which has been or may i n the future be executed by the Property Owner, his successors, heirs, 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 1 ien of any such pur~~~hase money mortgage 01 pu rchasc money deed ‘r>f trust. The lien hereby Ereated shall likewise bc of no force or effect against any owner whose title to t:hc property hcrc- !nifter described Is acquit-cd by or as a result of a Poreclosurc or (9 . r 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 said 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, and that upon deposit of said cash or posting of said bond the City agrees to release the property, or any port ion 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 thet-eof, 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 prqperty 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 a\1 claims, suits and 1 iabi 1 ities 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 all 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 all times up to the completion and acceptance of said work and im- provements by the City, give good and adequate warning to the traveiing pub1 ic of any dangerous or defective conditions of pub1 ic property. The *c Property Owner hereby agrees to pay for such inkpcction of improvements as may be required by the City Engineer of City. >ection 8. This agreement and the covenants contaIned herein shs 1 1 I-,(: b I nd i nq tlpnn and i n\jrc to t’(‘r, bcnr.fi 1: of the st1cccssors, hcI t-s, I assigns, and transferees of Property Owner, shall 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 desdribed as. follows: Lot'384 of LA COSTA MEADOWS UNIT. NO. 2 in. the Co-unty of San Diego, Map 69d5. r xx - . xx I xx xx xx xx xx xx xx xx xx Section 10. The required improvements to be constructed and the.estimated costs thereof are as follows: , Improvements Estimated Costs 400 S.F. of 4" P.C.C. Sidewalk * $ 420.00 80 L.F. of 3'+ Retaining Wall' 800.00 , TOTAL COST $ 1,220.oo Dated: &7+';7, /e-,7 CITY OF CARLSBAD, a Municipal STATE OF CALIFOKNIA ) ) ss. COUNTY OF iAN DIEGO ) On 33' t+-we&L Id /?77 before me the undersigned, a Notary Public in and for said'state, peisonally 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. WITNESS my hand and official seal. -LiLitLu Notary Publi APPROVED AS TO FORM: . . . . (Wotarial acknowledgement of execution of owners must be attached). 0 . -I,- STATE OF CALIFORNIA COUNTY OFLos Ange1es > SS. On October 7, 1977 -, before me, the undersigned, a Notary Public in and for said County and State, personally appeared John JAvame and Helen M. Chavanne known to me to be two Of the Genqabpartners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature @d c. (z$t Robert E. Y Rife Name (Typed or Printed) Notary Public in and for said County and State OFFICIAL SEAL P I -ROBERT E. RIFE IOTARY PUBLIC - CALIFORNIA 10s ANGELES COUNTY ‘mm. expires AIJG 4, 1981 I -1