HomeMy WebLinkAboutBP 77-581; Douglass Southwest Corporation; 77-413280; Future Improvement Agreement/Release- RE'XrD::NG REQUESTED'BY -1 ) W&. RECCRDED MAIL TO: 1
City of Carlsbad 5l.G ; .
1200 Elm Avenue Carlsbad, CA 92008 ; , I-
) 1. . Space above this line for Recorder's Use .
Document-ry transfer tax: $ No fee
Signature of declarant determining tax- firm name ' City of Carlsbad
Parcel No. 215-260-34
CONTRACT-FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the
corporation, hereinafter referred to as
Corporation, a California Corporation
City of Carlsbad, a municipal
“City", and Douglass Southwest '
hereinafter referred to as "Property Owner".
RECITALS: --
WHEREAS, Property Owner has applied to City for a
Building Permit (Plan Check No. 77-581 )
for the real property hereinafter described, now under Property Owner's
ownership; and ._- .'
WHEREAS, it has been found that said .prope&y 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
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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 said construction; __.l ..- ,,...,’
0. ‘II !sa- /
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 77-581 ).
described
agrees to
Section 2. That Property Owner-, in lieu of making the hereinafter
improvements before approval of said Building Permit is granted, *
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 1,.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 the frontage, including the frontage of Property Owner,
setting streets on both sides of the street upon which the
of 40% or more
between inter-
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 Owne-r
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 $ 2,882.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
Section 3. That for the faithful
.
(2)
exceed this estimate.
performance of the promises
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51.s.
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and covenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of $2.882.00.
plus any future increases of cost in excess of this sum resul-ting from ,
increased engineering and-construction costs, and in the event Property
Owner, hi5 successors, heirs, assigns’, or’transfcrecs fail to install
and-construct said improvements in the manner and within the time speci- -
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 i-mprovements 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 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 said lien as provided by law for the
foreclosure of mortgages. _
(b) Direct t-he City Engineer to estimate the cost of necessary
eng i ricer i ng, and the work required to -install and construct said improve-
ment s , 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 saidcproceedings. *
Sect idn 14. 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 been or may in the future be executed by the Property Owner, llis
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 purchase money mortgage or
purchase money deed of trust. The lien hereby created shall likewise be
of no force or effect against any owner whose tit lc to the property herc-
lnafter described is acquired by or as a result of a foreclosure or
(31
i. 5s.9
trustees’ sale of any such purchase money mortgage or purchase money
deed of trust.
Sect ion 5. That at any time during the per.iod 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 zleposit 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 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 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 successo;s, heirs, assigns, and transferees, further
agrees to protect said City and the off.icers 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.
Sect ion 7. It is further agreed that said Pr0pcrt.y 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
pub1 ic of any dangerous or defective conditions of pub1 ic property. The
Property Owner hereby agrees to pay for such inspection of improvements _
as may be required by the City Engineer of City.
Sect Ion 8. This agreement and the covenants contalned herein
shall bc bindinq capon and Inure to the benefit of the s\Icccssors, heirs, ( ‘1 1
r
c - ,,
r
F ,520
assigns, and transferees of Property Owner, shall run with said real
property, - and create an equitable sertiitude'upon said real property.
. Section 9. A descrjption of tile property referred to herein
and upon which said lien is imposed.is desdribed as follows:
Lot.71 of .La Costa Meadows Uni't.No. 1, in the City of Carlsbad,
County of San Diego: State of California, according to Map thereof
No. 6800, filed in the Office of the County Recorder of San Diego County,
December 9, 197DY .
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2 11 . . > ‘r y,. 1>4*:‘, a.r -7 f ,’ 52-l’ ,,
Section 10. The required improvements to be cqnstructed and
the,estimated costs thereof are as follows:
, Improvements Estimated Costs
945 S.F. of 4" P.C.C. Sidewalk $ 992.00
3' High Retaining Wall' 1 ,890.OO
.
TOTAL COST $2,882.00
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STATE OF CALIFORNIA ) ).ss. (!OUNTY OF SAN DIEGO )
Property Owner
CITY OF CARLSBAD, a Municipal Corporation.of the State cf
City Manager
On 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. 1 \ .
WITNESS my hand and official seal. :
Notary Public
AJ?ROyED AS TO FORM:
(Nbta ial acknowledgement of execution of owners must be attached).
-G- .
-
r’ I rr;r9 c . a&cb ! TO l D c
(Corporation) 0 TI
/ STATE OF CALIFORNIA
) C(j(jNTy OF &d &%o SS.
t
on ~C;1C7-OR~R. s,l iP77 before me, the undersigned, a Notary Public in and for said
State, personally appeared fl/Cd!&L c I A .TT”/d -t
z k nown to mc to be the Iv/ cc _ President, and
2 known to me to be Secretary of the corporation that executed the within Instrumrnt,
kn,,wn to me to be the persons who executed the within
i!
ackn~wleclg:1vl to me that such wrporation esccutctl lb within irl*trumtznt purswnt tn its by-laws or a resolution of ita hoard
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I
trf dirt*ctors.
my hand and official seal.
OFFICIAL SEAL
BARBARA BOLWELL
NOTARY PUBtIC . CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY I
Nama (Typed or Printe
My Commission Expires June 4, 1978
(this W#.%3r olacld hpia! wall
*
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) "'
On October 5, 1977 before me, the undersigned, the City Clerk of the City of Carlsbad, a city within the said County and State, personally
appeared PAUL D. BUSSEY kuown to me to be the ' C. 1 tY
~X~Q:~XllQl~t~XXXXXXXXXXXXXXXXXXXX of the corporation that executed the within Instrument, known to me to be&the.'I)&sons who executed the within ' Instrument on behalf of the corporatiah'Xhe'%?i%S':'named, and acknowledged to me
that such corporation executed the w~+~hi~~~~~ri~$~~~nt pursuant to its by-laws
or a resolution of its board of dir&%&.--.~:~ i:::"!':*l.-
:..,* .. , ,-j
" , : ;a ,I .,-:~ l
ERK OF THE CITY OF CARLSBAD 'i>‘ ' ,,,,,,'*".'.
523
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F;LE/‘PAGE fd. c__.~ --c4c&280 * -.
WOK 1911 RECOROESRiOlJEST Oi
%ti%%&!~ CITY CLERK
OCT I 9 15 kH’7i
'.i ;-'!ciAl RECORIjS SAN D:i'i;G CWti:?',iIAt~f HAk!..;Li F."LOOM &ECORiiEFi
NO FEE