Loading...
HomeMy WebLinkAboutBP 77-571; Regency Estates-Carlsbad Meadows; 77-480686; Future Improvement Agreement/Release. . k0RijING IxQUESTET? BY A 1 \&I?3 RECORI;ZD i\lAIL TO : ) \ City of Carlsbad IUOS ; 1200 Elm Avenue 1 “71-48otie6 ; ;L.E/PP,;E AC. _l_.__.. SOOK 1977 k?EC;32UEi?RECUEST:it- ='?%&!i?D. CITY CLERK &ly21 9 ;12W?i Carlsbad, CA 92008 i I;f:f-ICIAi RECr?RDS SAN c:'i j:i; COCH~~,CALIF. tiAf?.fzY F.C;LOOM NO FEE Space above this line for Hecorder's-Use transfer tax: $ No fee -- Signature of declarant determining tax- firm name City of Carlsbad ' Parcel No. 215-310-13 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 1 fo,r 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 saicy 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-:Jsaid construction: NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1. of dedication made by Number 77-571 1. Section 2. That City agrees to record any irrevocable offers Property Owner for said Euilding Permit (Plan Check That Property Owner, in lieu of making the hereinafter 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 frontage of Property Owrler, between inter- secting streets on both sides of the street upon wh<ich 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 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 $ 1p863*oo . 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 (2) and covenants herein contained, Property Owner hereby grants to City a li’en upon the hereinafter described property in the amount of $1.-8h3.00, plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, 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- I fied 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 portions of the property reasonably necessary for said engineering and construct ion, 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 iniprovements. 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) Direct the City Engineer to estjmatz 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 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 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 pur~~hase money mart-gage or purchase money deed of trust. ‘The lien hereby ircated shall 1 ikewise bc of no force or effect against any owner whose title to the property here- inafter described is acquit-cd by or as a result of a forec\osurc or (3) 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 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 pojting 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 therepf, 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 Fot- any person-s or prpperty 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 liabilities 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 will 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 public of any dangerous or defective conditions of public property. The .: Property Owner hereby agrees to pay TOI such i nipect ion of improvements as may be required by the City Engineer of City. Scxt ion 8 .-I, Th i s ngt-cement and the covenants conta i ned here i n sh;1 11 br, bi ndi nq tlpoii and i nut-c! to tI-,c! henryfit of the 5~icc~s5ors, rlcl I-5 , (‘4 (1 * . . , assigns, and transferees of Property Owner, shall run with said real vow-V, 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 desiribed as. follows: Loi ,387 of LA COSTA MEADOWS, UNIT NO. 2, in the County of San Diego, Map 6965. I xx - . xx XX xx xx xx xx . xx xx xx xx xx xx xx xx ; L -, +-“I- . . - - Section 10. The required improvements to be constructed and the, estimated costs thereof are as follows: . , Improvements Estimated Costs 460 S.F. of 4" P.C.C. Sidewalk . $ 483.00 92 L.F. of 5' f Retaining Wall 1,380.OO TOTAL COST $ 1,863.OO Dated: o& z/?'T/ , CITY OF CARLSBAD, a Municipal STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) 4 /o 1977-I before me the undersigned, a Notary Public in and for said State, personally 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. : l . . Notary Public 0' APPIrUVED AS TO FORM: City Attorney .I .t . . I (Notarial acknowledgement of execution of owners must be atiached). . STATE OF CALIFORNIA COUNTY OF- Los Angeles On October 7, 1977 > ss. -7 before me, the undersigned, a Notary Public in and for said County and State, personally appeared John J. ChaVm and Helen M. Chavanne known to me ‘to be two of theB&partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature&k& 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 Mv romm. exDires AUG 4. 1991