HomeMy WebLinkAboutCT 80-17; Hescon Developers Inc; 80-323666; Future Improvement Agreement/Release-1
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City of Carlsbad
Parcel No. 215-360-22 $ 23 OFw-!.?,I :: ;-., J;.Ds SkR 01; ,-g pg,,%;,h,i”,
* ACT FOR FUTURE PUBLIC IMPROVEMENTS
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THIS AGREEMENT is made by the City of Carlsbad, a municipal .
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- corporation, hereinafter referred .to as “City”, and HESCON DEVELOPERS
(NCORPORATED, A CALIFORNIA CORPORATION, .'
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Y- hereinafter referred to as "Property Owner"
RECITALS: 1. *.
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WHEREAS, Property Owner has applied to City for a
'hi> or Subdivision.
for the real property hereinaft-er describ’ed, now under Property Owner’s
ownership; and . .q..
WHEREAS, it has been found that said property is not suitable 3
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 and Section 20,16r.040
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attached hereto and incorporated by reference herein require certain _
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improvements and dedications as a condition of approval of this
MAJOR Subdivision No. CT80-17 ; and
WHEREAS, Property Owner has requested said
. M-ajor"Subdivision .
be grant’ed by City in advance of the time said improvements arc to be
made; and I
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l ~~HEREAS, Property Ownck, in consideration of the approvo71 of
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said major- Subdivision NT80-17 des ircs to enter int-r? this agreement ./ .*, Jcc 9 , ,’ 5’ecuring the construction of said improvements, and City has determined ?J ,$
it to be in the public jnterest to agree to temporarily postpone said .
construcrion;
NOW, THEREFORE, IT IS AGREED between; the parties hereto as ‘.
hollows:
Sect ion’ 1. That City agrees to record any irrevocable offers
of dedication made by Proper.ty Owner for major Subd’ivision No, CT -80-17
Sect ion,.2. That’ Property Owner, in lieu of making the herein-
after described improvements before approval of said major Subdivision :
is granted, a’grees to instal’l and constrtict’; ‘or cause to be installed _ .-
or constructed, said improvements In accordance with pians and specif i-
cations approv,ed by the City Engineer within 60 days after written
demand so to do by City. Property Owner sha?? not be required to make
said improvements -before September -1, 1981 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 so&&r than.said date or such
extended period of tim e which may have been granted by City: 51
:
(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 improve-
ments to City specifications.
(b) When owners of more than 50% of the frontage, between
intersecting streets on both sides of the street upon which the property -
herein described ha.s frontage, have pet it 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. Ci.ty estimates that. the cost of engineering and construc’tion of
said improvements at the time of signing this contract is $ 2,100.oo _
Properly Owner hereby acknowledges that said Lost 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 -5 That for the faithful pet-formnncc of the promi scs
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~a~nd”covenants herein conta i ned,
4SQ
Property Owner hereby grants to City a
lien upon the hereinafter described property in the amoc:nt of $ 2,100.0~,
pltrs any futl.lrc 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 speci-
fied herein, he ag.rees that City may do any or all of the following:
, (a) Have the necessary engineering for said improvements
done, and install and construct said improvements by contract or other-
wise. Ci ty or its’ contractor and h’is employees may enter upon any
portion o,r 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 sa id improvements. In the event same is not paid within 30 days from
completion, City may foreclose said 1 ien as provided by law for the
foreclosure of mortgages.
(b) Direct the City Engineer to e’st’imate the cost of necessary
engineering, and the work required to install and construct s,ai,d 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 or purchase money deed of trust for value which -’
has been or may in the future be executed by the Property Owner, his
successors, heirs, assigns, or transferees, and the lien hereby created
shall be and is hereby subordinated to and deciared 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 hcre-
inafter described is acquired by or as a result of a foreclosure or
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t ris ices ’ 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 said 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 the 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, 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 of.ficer 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, and they shall save the
City harmless from, and indemnify the City against, any and all claims,
suits and li.abiiities 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
a.11 liability or claim
patent or patented art
because of, or arisi.ng out of, the use of any
icle in the construction of said improvements.
It is further agreed that said Property Owner will Section 7.
a.t 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 inspect ion of improvements
as may be required by the City Engineer of City.
Sect ion 8. This agreement and the covenants contained herein
shall be bindinq upon and inure to the benefit of the successors, heirs, . (4) - - .-.: * __._ L --., : ._.. :.:..,:.^.:,..l...-..~-~._.-,_ ._,..-.....r. %+.,..iI’ ” ! t . . . ..F...^I.a-“~ --.,- -,... I.__* ,._I --__, “: .--....... - ‘-..--...--- _. ---; -, _.
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? i --t + $ssigns, and transferees of Property Owner, sha 11 run with sa id rea i
prwerty, and create an equitable servitude upon said real p.roperty. \
S,-ct ion .9. A description of the property referred to. herein
and upon which said lien is imposed is described as’follows:
Lots 423 and 424 of La Costa Meadows Unit No. 3, in the City of Carlsbad,
County of San Diego, Statepf California, According to Map thereof No. 7076,
filed in the Office of the. County Recorder of San Diego County, October 6,
1971.
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9 0. ‘ $ .‘. I 1) ,d : Section 10. The required irnprovemsnts to be constructed arid
the estimated costs thereof are as follows:
Improvements '
5' P.C.C. SIDEWALK
Estimdzed Costs -.
$ 2,100.00
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l . I__ . TOTAL COST . $ 2,100.00,
Dated:. ieptember 4; 1980 _
CITY OF CAPLSBAD, a Municipal Corporation of the State of California
BY. 3&- .--.-e FRANK D. ALESHIRE, City Tvtilager
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‘STATE OF CALIFORNIA
COUNTY OF SfAN D
before me the undersignad, a Notary Pub tate, peksonally appeared Frank D. !&shire, 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. \ A-7 .
WITNESS my hand and official seal, /)- '- -L/13
‘ hCbWt Y&t lit . Calif
~fhciwl Ottice In
*(Notarial acknowledgement o-f execution of owners must be attachedi.
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STATE OF CALIFORNIA
Orange > ss. 15 ‘3 0 2 COUNTY OF “p E 0” September 9, 1980
s
, before me, the undersigned, a Notary Public in and for
al said State, personally appeared E. Lillian Morgan
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known to me to be the Vice President, end ------------a
2 known to me to be the e---m--
z Secretary of the corporation that executed the within instrument,
h and known to me to be the persons who executed the within
f 2 instrument on behalf of the corporation therein named, and ac-
-2 2 km&edged to me that such corporation executed the within
f instrument pursuant to its by-laws or a resolution of its board of
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6 OFFKIAL SEAI.
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directors. ELIZABETH A. BRANICK i
NOTARY PUBLIC-CALIFO:7NIA ,6
WITNESS my hand and official seal. PRINCIPAL OFFICE IN .j
ORANGE COUNTY a
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m ~mmlssion Expires March 4, 1983 2
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Name (Typed or Printed) (This area for oficial notarial seal)