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HomeMy WebLinkAboutBP 77-674; Productive Capital Systems; 78-137971; Future Improvement Agreement/Release.?*;....r~-; ^.. _* . I .,’ . -: ., q?;. ;:y )- z ,’ ,. - . . *- .~,~~ :: . . ._. - _( . * “.W.pw~.. . . ,__ -. -WC&, .I. “‘g;. .IrECI::'3ING REQUESTED BY AND ) WHDN RECORDED MAIL TO: 1 1 City of Carlsbad 1 1200 Elm Avenue 1 Carlsbad, CA 92008 ' ) 1 - ._ ..) 1 78437971 Space above this line for Recorder's Use Documentary transfer tax: $ No fee WL Signature of declarant determining tax: firm name . City of Carlsbad Parcel No. 206-180-38 R FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, corporation, hereinafter referred to as "City", and Productive Capital Systems, a general partners hereinafter referred to as "Property Owner". RECITALS: WHEREAS, Property Owner has applied to City for Building Permit. (Plan Check No. 77-674 1 for the real property ownership: and WHEREAS, it hereinafter described, now under Property Owner's z 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 i;pprovnl 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; -, I _- ._ -~ 1 1 . ‘” ‘-r-- - . ;. 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 77-674 ) l Section 2. 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 April 1, 1979 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 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 $ 7,600.~" . 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. a 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 $ 7,600.oo ‘, 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 s,uccessors, heirs, assigns, or transferees fa i 1 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 eng done, and install and construct said wise. City or its contractor and his . ineering for said improvements improvements by contract or other- emp’loyees may enter upon any portion or porti engineering and charged aga i nst ons of the property reasonably necessary for said . construction, and the entire cost and expense shall be 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?ty may foreclose said lien as provided by law for the foreclosure of mortgages. (b) Direct the City Engineer to estimate the cost .ofc’necessary engineering, and the work required to insta.11 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 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 orpurchasemoney deed of trust for value which has been or may in the’futur e be executed by the Property Owner, his successors, heirs, assigns, or transferee’s, 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 be of no force or effect against any owner whose title to the property here- inafter described is acquired by or as a result of a foreclosure or (3) ..-. -- . ._ : , -, I. _.- -I .gc I ._ d * . ._ - ._.-____ _ I _. -3: 144 - .- 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 suret.y 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, a’nd 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 1 iable 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, &Ad 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 pub? 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 contained herein . shall bc bindinq upon and inure to the benefit of the successors, heirs, (‘4 1 * assigns, and transferees-of Property Owner, shall run with said real ; property, and create an equitab.1.e 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: , . . . . Parcel 3, in the City of Carlsbad, County of San Diego, State of California, as shown at Page 1363 of Parcel Maps filed-in the Offtce of the County Recorder of San Diego County, March 2, 1973, together with that.portion of the'southwesterly and Southerly 5.00 feet of Lots 13 ind 14, in Block "C" of BELLAVISTA according to Map thereof No. 2152,filed in t+Office of-the County Recorder of San Diego County, March 7, 1929, lying Northwesterly of a line which bears South 17'30'07" East-from the most Easterly corner of said Parcel 3 and lying Southeasterly of the radial line which bears South 25"26'44" North from the most Westerly,,corner of said Parcel 3. ,. t: . . -‘c1 . (5) __._. __ _ . _. a, .,;.: , * . Section 10. The required improvements to be constructed and the.estimated costs thereof are as follows: Improvements Quantity 1. A.C. Pavement and Base 5245 S.F. 2. 6" Curb and Gutter 237 L.F. 3. 4" PCC S2dewalk 1186 S.F.' 4. AC Berm Trans. 100 L.F. 5. Por. Street Light Lump Sum 6. Engr. and Contingeficies 15% Estimated Costs $3,410.00 1,185.OO 1,245.OO 250.00 520.00 990.00 $7,600.00 . Dated: . TOTAL COST I . l . STATE OF CALIFORNIA COUNTY OF SAN DIEGO ,’ Ez$6sqJ~~~;;;;er 1 ) ss. 1 . . . On before me the undersigned, a Notary Public in and for said State, peisonally appeared PaulD. ; Bussey, kpown 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, a&Id acknowledged to me that such City of Carlsbad, California, executed the same. L . WITNESS my hand and official seal. : APPROVED AS TO FORM: (Notarial acknowledgement of execution of owners must be attached). -6- . I . STATE OF CALIFORNIA 1 ss ’ , COUNTY OF SAN DIEGO , I . a47 On this-day of 192, before me, the undersigned, e a Notary Public in and for said County and State, personally appeared : : Ronald DeWolf, Frank Ausman : : 2 known to me i to be the General Partners XX%jMKW% of the partnership 1 that executed the within instrument, and acknowledged to me that such partnership executed the same. Name (Typed or Printed ) (This am for official seal) -