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Home My WebLink AboutBP 77-571; Regency Estates-Carlsbad Meadows; 77-480685; Future Improvement Agreement/Releaser . * R~'~O~li:;AG J~EQUi:S'TJ~~U BY i 1 PjIiEN RECOJ':DED M&IL TO: ; . City of Carlsbad 1200 Elm Avenue lepQS ; Carlsbad, CA 92008 ; \ In- f4f74806115~ FI;:‘/kA3, Hd. ~IJCIK 19Tf ~E:c:ii!.rE;3 REUUEST Gi" cp WBfD CITY CLW LIc---.---- --I-- Nov 21 9 42 W-H Gi.r:!:iAL &ECQRClS :,.IH T.iii‘CG CFUh'T'f,i=niiF. I4.%!!!.C‘i F. Bi.OOX i;ECilRGE i; NO FEE I - Space above .this line for Recorder'sUse -- Bocumentary transfer tax: -NC $ No fee Signature of declarant determininq tax- firm name City of Carlsbad ' Parcel No. ' 215-310-12 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, hereinafter referred RECITALS: a limited partnership to as _ "Property Owner". 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; and 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; 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 said 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.:gaid 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 Number 77-571 ). Section 2. That Property Owner, in lieu of making the hereinafter I 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 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 frontage, including the fror,tage 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 which the property herein described has frontage, have petitioned the City to form an improvement district for the improvement of said streets. Said City estimates improvementsat Property Owner of engineering improvements shall be made without cost or expense to City. that the cost of engineering and construction of said the time of signing this contract is $ 1,312.OO . -.- -- hereby acknowledges that said cost is a reasonable estimate 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) and covenants herein conta i ned, Property Owner hereby grants to Ci ty a lien upon the hereinafter described proper-Ly in the amount of $ 1.312.00 , plus any future increases of cost in excess of this sum resulting from increased engineering and construction cost,s, and in the event Property ow ne r , his s.uccessors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the t ime speci- I f ied herein, he. agrees that City may do any or all of the following: (a) tiave 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 enti re 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 said lien as provided by law for the foreclosure of mortgages, (b) Direct the City Engineer to estimate the cost 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 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 shall not be binding upon the holders, mortgagees, or beneficiaries of any purchase. money mortgage or purchase money deed of trust for value which has b’een or may in 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 lien of any such purF;hase money mortgage ot purchase money deed of trust. The lien hereby created shall 1 ikewise be of no force or effect against any owner whose title to the property herc- Inafter dcscribcd is acqr~i red by or as a rcsul t of a fore~losurc or . ( .3 > - trustees’ sale of any such purchase money mortgage or deed of trust, Sect ion 5. That at any time during the per purchase money ided, iod herein prov the Property Owner, his successors, heirs, assigns, or transferees may deposit a cash bond or post a surety performance bond satisfactory to the C’ity 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 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 1 iable’ 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 liable for any persons or property 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 all 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 traveling pub1 ic of any dangerous or defective conditions of pub1 ic property. The .: Property Owner hereby agrees to pay for such i n”spect i on. of improvements as may be required by the City Engineer of City. 8. Section This ngrcement and the covenants contained herein s Ii;! 1 1 he b i nd i nq rlpon and i nut-e to the hf?ncfi t of the s\tccessors, hci rs , ! II j 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 '386 of LA COSTA MEADOWS UNIT NO. 2 in, the County of SAN DIEGO, Map 69;s. ? xx xx xx xx . . -... xx xx xx xx xx . xx xx xx xx Section 10. The required improvements to he constructed and the, estimated costs thereof are as follows: , Improvements Estimated Costs 430 S.F. of 4" P.C.C. Sidewalk * $ 452.00 86 L.F. of 3'? Retaining Wall' 860.00 TOTAL COST $ 1,312.OO Dated: &&'r;:/977 CITY OF CARLSBAD, a Municipal STATE OF CALIFORNIA ) ) ss. Paul D. Bu2sey,(City Manager COUNTY OF SAN DIEGO ) On MA 10. 1971 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. APPROVED AS TO FORM: ‘ ‘I Vir:cent F. Bl"ondo, 5r.-- I AL RAUTENi(RdNZ b OFFICIAL XAL NOTARY PUBLIC. CALIF PRINCIPAL OFFICE IN SAN ------- f DIEGO CflllNTV . City Attorney .t .I . (Ndtarial acknowledgement of execution of owners must be attached). * * w C. c,- STATE OF CALIFORNIA COUNTY OF- Los Ange1es ) ss. On a* 7, 1977 -, before me, the undersigned, a Notary Public in and for said County and State, personally appeared John J l Chavanne and Helen M. Chavanne __ tobekWO Of the bene al4 __ known to me partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature Robert E. Rife Name (Typed or Printed) Notary Public in and for said County and State FOR NOTARY SEAL OR STAMP OFFICIAL SEAL ROBERT E. RIFE NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My comm. expires AIJG 4, 1981