HomeMy WebLinkAboutBP 77-610; K Enterprises; 78-020569; Future Improvement Agreement/ReleaseP‘ -
“. 18s7 78-020569
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city 0-c Carlshad i :i%OO Elm Avenue ) Carl shad , CA 'j2OGO 1
F ICE6?Acx HO .--mm i?OOK197& RElCORDEDREQUESTOF
@!TY "P cn/G~~
JAN 17 i(3'29 hH'16
ilFFiClhl. RECORDS SCk lifEG;COUHTY,CALiF.
Space above .tErEnar Recclr --mgap---
Doc3+ppzary transfer tax: $ No fee .__
Signature of declarant determininir tax- .,firm name ..City of Carlsbad NO FEE
Parcel No. 215-440-16 em- ---.-I---_..- -
--_- __---.- _.--..- I--- --.---------- ----.--___
CONTRACT FOR FUTURE PUBLIC IMPROVEKENTS _--.-_ -- --m-e
THIS AGREEMENT is made by the City of CarTsbad, a municipal
corporation, hereinafter referred to as "City", and
K ENTERPRISES
hereinafter referred to as "Property Owner".
RECITALS: 0 1 8 0 \
WHEREAS , Property Owher has applied to City for a
Building Permit (Plan Check NO. 77-61° )
for the real property hereinafter desc ribed, 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 suitaljle
for development if certain public improvements hereinafter described are
constructed and certain irrevocable offers of dedication are made to City;
and:
WHIXJZAS, the Municipal. Code of City, Chapter 18.40 requires certain
improvements and dedications as a condition of approval of this Building
Permit; and
WBEREAS , Property Owner has requested said Building Permit be
qranted by City in advance of the time said improvements are to be made; i
and
WHEREAS, Property Owner, in consideration of the approval of
said Building Permit desires to enter into this agreemen,t securing the
construction of said improvements, and City has determined it to be in the
pub1i.c interest to agree to temporarily postpone said construction;
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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 77-610 ).
described
agrees to
Section 2. That Property Owner, in lieu of making the hereinafter
improvements before approval of said Building Permit is granted,
install
said.improvements
the City Engineer
and construct, or cause to be installed or constructed,
in accordance with plans and specifications approved by
within 60 days after written demand so to do by City.
Property Owner shall not be required to make said improvements before
September 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 frc,.ntage 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 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 $ 1~848.00 . P-P-
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)
1859
a nd covenants he t-e i n conta i ned , Property Owner hereby grants to City a
Ii’en upon the hereinafter described property in the amount of $ 1,848.00,
plus any future increases of cost in excess of this sum resulting from
increased engineering and construction costs, and in the event Property
Owner, his successors, heirs, assigns, or transferees fail to install
and construct said improvements in the manner and within the time spcci-
fied herein, he agrees that City may do any or all of the following: +
b> 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&id 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-
ments, 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, shal 1
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 vaiile \dhicli
1 has been or may in the future be executed by the Proper-ty Owner, tlis
successorsj 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 purchase money mortgage or
purchase money deed of trust, The lien hereby created shall likewise bc
of no force or effect against any ‘owner whose title to the property herc-
inafter described is acquired by or as a result of a foreclosure or
(3)
1860 ,
t rus tees ’ 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 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.
Section 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 ta the work or improvements specified in
this agreement prior to the completion and acceptance of the same, nor
shall said City, nor any 3ffice.r cl’ emp?oyee thereof, be liable for
any persons 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 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
public 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.
8. Sect ion This agreement and the covenants contained hcrci n
shall hc! bindinq rtpnn and Inure tc: t-he bc!nr,fi t of the s~tccessors, hci rs , ( I, >
I. L
c 1861 . ^
assigns, and transferees of Property Owner, shall run with said real
property, and create an equitable servitude upon said real property.
Section 9. A description of the property referred to berein
and upon which said lien is imposed is described as' follows:
Lot 695 of LA COSTA MEADOWS UNIT NO. 4, in the County of San
Diego, State of CaliQornia, according to the Map thereof No. 7367 filed
in the Office of the County Recorder of San Diego County, on July 19, 1972.
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Section 10. The required improvements to be constructed'and
the. estimated costs thereof are as follows:
Lmprovcments
1474 S.F. of 4" P.C.C. Sidewalk t
Lump Sum Grading .
Estimated Costs ----.--..--
$ 1,548.OO
300.00
.
TOTAL COST $ 1,848.OO
Dated+ //-/8.-77 ----
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
On d- )6.1971y before me the undersigned, a
Notary Public dn and 6r sa'id 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 Carlshad, California, executed
th2 same. ,
WITNESS my hand and official seal. I.
Notary Publi$ -
r'*?PROVED AS TO FORM:
I
(:i.ty Attorney
.
(Notarial. acknowledgement of execution of owners must be attached). # r
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TO 442 c
(Partnership)
1863 0 TI
before me, the undersigned, a Notary Public in and for said State, personally appeared
to be of the partners of the partnership
that executed the within instrument, and acknowledged to me that such partnership executed the same.
.
known to me
Name (Typed or Printed)
(lhh are* 11 &CM netarial seal) TO ,944 CA ,a-741
(Individual) ll?E~s~ANCE
STATE OF CALIFORNIA
COUNTY OF Los Angeles
On January 12, 1978 before me, the undersigned, a Notary Public in and for said
State, personally appeared Fawn Koyle
w i.2
:
LI , known to mk
: to be the person whose name&subscribed
ii to the within instrument and acknowledged that she executed the same.
d and official se NOTARY PUBLIC-CALIFORNIA
LOS ANGELES COUNTY CommissionExpiresFeb.8,1979
(This area for official notarial seal)
-
State of California
County of San Diego I ss.
On November 18th, 1977
before me, the undersigned, a Notary Public in and
for County, California,
personally appeared
David Koyl
known to me to be one of the partners of the
partnership that executed the within instrument, and
acknowledged to me that such partnership executes
the same. A
WITNESS rn;;zm
N
s*,r4 EC’ 9 C.3JNTY c J - My comm. CXjlifZS f@N 17, 1981 I )
OFFICIAL SEAL
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