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