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HomeMy WebLinkAboutBP 78-48; P J Ventures; 78-219410; Future Improvement Agreement/Release. . - l A?81 /RECORDING RXQUESTED B: IND ) 1 'WHEN RECORDED MAIL TO: ; City of Carlsbad ) 1200 Elm Avenue Carlsbad, CA 92008 ; 1 . ., I 78-219410) * Space above this line for Recorder's Use Documentary transfer tax: $ No fee icit/L Signature of declarant determining tax- firm name City of Carlsbad OtmcrAL RlicoRD~ Parcel No. 206-180-31 5PU Qmp c4wvT~, c Al-l I-. l+fifzceI F B~f.xJm RECOPP~ < NO FEE CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal 3orporation, hereinafter referred to as "City", and P J VENTURES, a California corporation hereinafter referred to as "Property Owner". RECITALS: WHEREAS, Property Owner has applied to City for a * Building Permit (Plan Check No; 78-48 1 - for the real property hegeinafter described, now under Property Owner's ownership; and ." WHEREAS, it has been found that said property is not suitable for development in its present cond?tion; 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“$ode 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 sai ,._i 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 78-48 1. 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; .-a? - 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 .furtheti period of time as is . granted by City, provided, however, thdt 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: .I _' . ': (a) When the &.ty Council finds that the owners -of,the frontage, .S,& including the frontage of Property Owner, setting streets on'both sides of the 'street upon which the ,Y 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- setting 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 $ 3;32Q;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 Section 3. time in the future may exceed this estimate. That for the faithful performance of the promises (2) *. _, :?*.-: i ; i;,. ./. ../ 1 .- .,‘* -. ATT ; .:, ’ ‘. ,. I -. n 1. * .- .c 1~. .- .-- .._ - . .._ __. _ . 183 I and covenants herein contained, Property Owner hereby grants to City a li’en upon the hereinafter described property in the amount of $ 3,320.00, plus any future increases of cost in excess of this- sum resulting from increased engineering and construction.cost.s, and in 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- fied herein, he agrees that City may do any or all of the following: ineering for said improvements G.. (a) Have the necessary eng done, and install and construct said wise. City or its contractor and his improvements by contract or other- emp’loyees may enter upon any - . portion or portions of the property reasonably necessary for said engineering and construction, 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 improvements. In t’he event same is not paid within 30 days from completion, ‘C’ity may fo?eclbse said 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 reqiFi.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>.Vheirs, 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 herei’n 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 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 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 title to the property here- inafter described is acquired by or as a result of a foreclosure or (3) .-‘+32Jsi;. , .,..;-‘. “-&Q; __-. ‘-2’~~ :‘.r;” :‘“G~,:‘;y- .- .: ‘5 ,;.::~“i=1”:;“,::~-::: ; ,~.-\: : L ,a :.--.. & . .- *_. _.. LA. i -- . ..u_ .-;.4.....L.L. _..-._ _._d.. .;. ‘:, ,ji., ; _:...; ..-y:-, .‘L1:Te . ~. .> .- -... ..,.- --.._ - : , ; I L .___ .;. -- :_, ;-* . .‘- 7 f& I-% I, .; ; .‘. j . ,)..‘. .,:>.. : -. ‘- ” ..,..a. .._ r ,:. . ..” : . , ;. .,:. j 2 . ;.. . . . .. :; I . . trustees’ sale of any such purchase money mortgage or purchase money deed 0.f 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 posting as ascertained by t-he City En,c$neer, and that upon deposit of said cash or posting of said bond the City agrees to re.lease the property, or any port ion of it as to which said deposit or posting applies, from the provisions of this agreement, arid 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 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? for ‘. any persons or property injure< by reason of said wbrk or improvements, . .but all of said l.iabilities 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 oi said work or improvements; Said Pro- perty Owner, and h’is 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 al 1 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 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 be binding upon and inure to the benefit of the successors, heirs, (4) . -t -. __ ._ - :G : ; I) .* _I. -5 L. -_ ._,’ I’.‘ :: - Lr &qypz~‘.% . “. ’ / a$&&?&&~:*, .,’ ,; I; ,z.-.. *’ .~ ,+;i : 785“ .’ ., 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 described as follows: Parcel 3 in the City of Carlsbad, County of San Diego, State of California, as shown at Ppge 792 of.Parcel Maps, filed in the Office of the County Recorder of San Diego County, April 21, 1972. xx - xx .- _’ xx XX’ . xx . .xx * . * xx -. . Y.* XX :: xx . \ xx xx, ’ . -.- xx xx xx . xx xx .I _ . ’ . ., . * l ’ t’ .,y” - . . -+ ..-__..-. ._. _.- rJ-u”$ - ‘: . * ‘. . Section 10. The required improvements to be constructed and the-estimated costs thereof are as follows: , Improvements 1. 6" Curb & Gutter 2. A.C. Pavement & Base . 3 4!' PCC Sidewalk 4: 6" A.C. Berm Trans. z: Portion Streetz,Light Cost Site Preparation & Grading 7. Engineering & Contingencies , . STATE OF CALIFORNIA COUNTY OF SlhpQ ~Dl!lZGO . 1 L ) ss. 1 . Estimated Costs 93 L.F. $ 465.00 1960 S.F. 1,275.OO 465 S.F. 490.00 '100 L.F. 250.00 Lump Sum 205.00 Lump Sum 200.00- 15% 435.00 .’ TOTAL COST 3. 3,3qyo .,r- _. CITY OF CARLSBAD, a Municipal Paul D. Bussey, -Manager On ~-d&/9p befor-e me the undersigned, a Notary Public in and for said S%ate', 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. .' ; . u* APPROVED AS TO FORM: City Attorney w (Notarial acknowledgement of execution of owners must be attached). -6- (Corporation) , STATE OF CALIFORNIA 1 ss. COUNTY OF t On April 19, 1978 before me, the undersigned, a Notary Public in and for said State, personally appeared Jerry J. bbffatt u known to me to be the % President, and known to me to be Secretary of the corporation z known to me to be the persons who executed the within that executed the within Instrument, i Instrument on hehalf of the corporation therein.named, and 4 acknowledged lo me that such corporation executed the within k instrument pursuant Lo its by-laws or a resolution of its board of directors. (OFFICIAL SEAL) BETTIE S. RICHARDSON NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUNTY BETTlE S. RICHARDSON Name (Type_d or Printed) TST-DISSA Whk Yy k Danid m&ariSl srau STATE OF CALIFORNIA $ COUNTY OF SAN DIEGO x > 5s. E 0” 23 May 1978 s , before me, Ihe undersigned, a Notary Public in and for 0 said State, personally appeared Jerry J, Noffatt - - - - - - - - - - - - -, F i= c known to me to be the president, and - - - - - - - - - - - - - - - ‘: J .- z known to me to be the - - - - - - - - Secretary of the corporation that executed the within instrument, 2 and known to me to be the persons who executed the within ii instrument on behalf of the corporation therein named, and ac- -z .o knowledged to me that such corporation executed the withi~~,~.~~~~~~~~m~~~~~~~~ s instrument pursuant to its by-laws or a resolution of its board OFF-ICIAL SEr:L 5 8 a R(-Jw?T l-j. SokmEaORM:i i directors. \$oiAn'f j !JbLil; - CALIbOtiiIIH PRlNC,iPAL OFFICE IN # S4N ;llELO CoUr<TY, ’ 8 My Comn&,iDn Expires April 30, 1982 # E 10,~;.~~~(P~.4 L! Name (Typed or Printed) (This area for official notarial seal)