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HomeMy WebLinkAboutBP 78-22; Materials Inc; 78-175286; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY. ID 1 WHEN RECORDED MAIL TO: 1 1 City of Carlsbad 1 1200 Elm Avenue 1 Carlsbad, CA 92008 . ) ..;.. _a . . NO FEE Space above this line for Documentary transfer tax: $ No fee F&L Signature of declarant determininq tak- firm name City of Carlsbad Parcel No. 205-052-06 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, THIS AGREEMENT is made by the City of Carlsbad, corporation, corporation, hereinafter referred to as "City", and hereinafter referred to as "City", and MATERIALS, INC., MATERIALS, INC., a Colorado Corporation. a Colorado Corporation. hereinafter referred to as "Property Owner". hereinafter referred to as "Property Owner". RECITALS: RECITALS: WHEREAS, Property Owner has applied to City for a WHEREAS, Property Owner has applied to City for a Building Permit (Plan Check No. 78-22 Building Permit (Plan Check No. 78-22 ) ) for the real property hegeinafter described, for the real property hegeinafter described, now under Property Owner's 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; l 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; 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 78-22 ). 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; -is - 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 May 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 zity 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 ag>eed 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 pel&ioned 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 $1,985;00~ - 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) ; _ ,. ;. . -‘-. ..‘ . ,I ,. .: I- :. _. “,, i .’ I ‘. -. ,. .I.-< I ’ .’ - .. -.. . ,, I. . . . . . . . . __ .._, ,. _ $. .,. _ -_ -’ 2171 ‘,- > and covenants herein contained, Property Owner hereby grants to City a li‘en upon the hereinafter described property in the amount of $ 1,985.00, 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 constrict said irr\p.rovements in the manner and within the time speci- f ied herein, he agrees that City may do any or all of the following: . . (a) Have the necessary engineering for said improvements -2.g _ done, and install and construct said improvements by contract or other- wise. City or its contractor and his emp.loyees may enter upon any portion or portions of the pioperty reasonabl y necessary for said engineering and constiuction, and the entire cost and expense shall be charged against said property and payable by said Property Owner, his successors, hei rs, ass igns, or transferees immediate ly upon complet i within 30 days by law for the on from of said improvements. In the event same is not paid completion, ‘C’ity may fosreclbse said lien as provided foreclosure of mortgages. (b) Direct the City Engineer to estimate the cost of necessary engineering, and the work req+i.,red 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, 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’future be executed by the Prnperty Owner, his successors, heirs, assigns, or transferee.s, and the 1 ien 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 acquiied by or as a result of a foreclosure or (3) -. _- -. ,;- .- .._. . .._. . . - _.“_. _ . : ,. .-.- ’ 2112 - 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 said improvements; the amount of bond to be the estimated cost of engineering and improvements at the time of such deposit or pos,ting as ascertained by t-he City Engineer, -.s - 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 ‘1 ‘depos.it 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 iiable’or responsible for any accident, loss or damage happen.ing or occurring to the work or improvements specified in x 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 injurqd by reason of said work or improvements, . , but all of said liabilities shill be assumed by said P-roperty. 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 it ies of or to any person or property injured or claim- =\ ing to be injured as a result of said work or improvementsi 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 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, ( *+ 1 ‘ .., . _ ‘; ,‘~ _ \ .-’ . I ^ .: -. I_ _-,__ ..,,. .., ,_ . . - . . . 2173 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 desbribed as follows: The.southwesterly 60 feet of the northeasterly 124 feet of all that portion of'Lots 16 and 17 of Patterson's addition to the Town of Carlsbad in the County of San Diego, State of California, according to the Map thereof No. .565, filed in the office of said :* - . _ County, September 22, 1888, described as follows: .' Beginning at the most westerly corner of said Lot 16; thence - ' . .North 55E27' East along the northwesterly line of said Lots 16 and 17, a distance of 184.74'feet; thence South 34"33' East 160 feet; thence South 55'27' West 184.81 feet to the southwesterly line of said Lot 16; thence North 34"33'30" West along said southwesterly line, a distance of 160 feet to the 'point of beginning. Together with'+,that portion of the .southerly 10 feet of Pine Avenue, lying northerly of and adjoining the ab-ove described land, as _'. vacated and closed to public use. .I xx y..* :: . xx . “. \ . c xx -. . -4 xx xx xx xx * . ,. ’ 6 .% ..- _...-._ ,-. _ _. ,, ,, .._. -* I - . 2174 . . Section 10. The required improvements to be constructed and the.estimated costs thereof are as follows: Imnrovements 1.~ A.C. Pavement & Base 2. 6" P1C.C. Curb & Gutter 3.: 4" P.C.C. Sidewalk 4. Portion Street Light Cost 5.' Grading & Preparation. 6. Engineering & Contingencies Dated: #$&@Lw(@f .Y . . STATE OF CALIFORNIA ) \,a ) ss. COUNTY OF SAN DIEGO ) . . Estimated Costs 1300 s.f. $ 780.00 60 1.f. 300.00 300 s.f. 315.00 ' Lump Sum 130.00 Lump Sum . 200.00 (15%) 26O:OO TOTAL COST $ 1,985.OO / :’ ’ *;: .*. ,. ” % ~ ::: ** . . . . c.-.c .I ) ,i . . . .> ,,. ,.c CITY OF CARLSBAD, a Municipal ' C.?.mzjnTf the S-Jate of , City Manager On before me the undersigned, a Pstary Public in and for said State, pe;sonally appeared Paul'D. Bussey, known to me to be the City Manager of the City of Carlsbad, a Municipal Corporation of the State of Cali,fornia, 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. .' . Notary Public APPROVED AS TO FORM: (Notarial acknowledgement of execution of owners must be attached). -6- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CARLSBAD > 2175 On April 25. 1978 before me, the undersigned, the City Clerk of the City of Carlsbad, a city wiihin the said County and State, personally appeared PAUL D. BUSSEY known to me to be the person whose name * " subscribed to the within instrument and acknowled:d that'..he executed the same. i City Clerk of the City of Carlsbad -".': .;;-$A&'; : ., ' -; . : : -_ J' . ,.- ". .- ._ “~.-....1,.:..,.,.:' . -,* - . . - . . STATE OF CALIFORNIA ) ss COUNTY OF SAN DIEGO On April 21, 1978, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ARNO von BREITENBAUCH, known to me to be the President of the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pur- suant to it Bylaws or a resolution of its board of directors. OFFICIAL SEAL OFFICIAL SEAL said County and State -7-