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HomeMy WebLinkAboutFIA 89-02; Carlsbad Heights Associates; 89-254789; Future Improvement Agreement/Release- . ’ 89 2$;+7ag - RECORDING REQUESTED BY AND ; WHEN RECORDED MAIL TO CITY OF CARLSBAD 1200 Elm Avenue 1 Carlsbad, CA 92008 > Space above this line for Recorder's use. Documentary transfer tax: $ No Fee tax-firm name CITY OF CARLSBAD Parcel No. 212-040-22 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and Carlsbad Heights Associates, a California General Partnership, hereinafter referred to as "Property Owner." RECITALS WHEREAS, Property Owner has applied to City for a MS 785 for the real property hereinafter described, now under Property Owner's ownership; and WHEREAS, it has been found that said property is not suitable for develop- ment 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 conditions attached hereto and incorporated by reference herein require certain improvements and dedications as a condition of approval of this MS 785; and WHEREAS, Property Owner has requested said approval of MS 785 be granted by City in advance of the time said improvements are to be made; and 694 WHEREAS, Property Owner, in consideration of the approval of said MS 785 desires to enter into this agreement securing the construction of said improve- ments, 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 College Boulevard. Section 2. That Property Owner, in lieu of making the hereinafter descri- bed improvements before approval of said MS 785 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 sixty (60) days after written demand so to do by City. Property Owner shall not be required to make said improvements before April 1, 1991, 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 intersecting 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 intersect- ing 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. . - - . 695 Said improvements shall be made without cost or expense to City. City estimates that the cost of engineering and construction of said improvement at the time of signing this contract is two million six hundred fifty thounsnd, five hundred thirty seven dollars and OO/lOO DOLLARS ($2,650,537). 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 and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $2,650,537 plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, and in the event Property Owner, Property Owner's successors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time specified herein, Property Owner agrees 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 otherwise. City or its contractor and contractor's employees 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, Property Owner's successors, heirs, assigns or transfe- rrees immediately upon completion of said improvements. In the event same is not paid within thirty (30) days from completion, City may foreclose said lien as provided by law for the foreclosure of mortgages. (b) Direct the City Engineer to estimate the cost of necessary en- gineering, and the work required to install and construct said improvements, and foreclose said lien in said amount. 696 (c) Pursue any remedy, legal or equitable (including those specifi- cally referred to herein), for the foreclosure of a lien, and the Property Owner, Property Owner's successors, heirs, assigns and transferrees, shall be liable for reasonable attorney's fees as a cost in said proceedings. Section 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, Property Owner's successors, 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 be of no force or effect against any owner whose title to the property hereinafter described is acquired by or as a result of a foreclosure or trustees' sale of any such purchase money mortgage or purchase money deed of trust. Section 5. That at any time during the period herein provided, the Property Owner, Property Owner's 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 property 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 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 liable 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 Property Owner's successors, heirs, assigns or 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 claiming to be injured as a result of said work or improvements. Said Property Owner, and Property Owner's successors, heirs, assigns or 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 improvement. Section 7. It is further agreed that said Property Owner will at all times up to the completion and acceptance of said work and improvements 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. Section 8. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, 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 herein and upon which said lien is imposed is described as follows: See attached Exhibit A 698 h Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: IMPROVEMENTS ESTIMATED COSTS See Attached Exhibit B IN WITNESS WHEREOF, we have hereunto set our hands and seals this 27 day of kdr; 1 , 1989. PROPERTY OWNER Carl&ad Heights Associates, CITY OF CARLSBAD, a Municipal Corporation of the State of California d I. Katkov, Pres. Vincent F. Biondo, Jr. City Attorney s-,~,e~ . (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION OF OWNERS MUST BE ATTACHED.) , ‘, , ’ -. 1 STATE OF CALIFORNIA SAFECO - COUNTY OF San Diego I ss. TITLE INSURANCE On this the 27th day of--- April 19 89 -, before me, the undersigned, a Notary Public in and for said State, personally appeared James P. Brennan personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Brennan Properties Secretary of -. lhe corporation that executed the within instrument on behalf of PS the part- nership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such parlnership execuled Ihe same. WITNESS my hand and official seal. Clarissa A. Miranda A, Ge #Qiix#& Signature FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA I . _ _.. _ @ &EC0 TITLE INSURANCE COUNTY OF SanDiego 27th I ss. On this Ihe day of April 19 89 -, before me, the undersigned, a Notary Public in and for said Stale, personally appeared Hnv.ard T, K-V - personally known to me or proved lo me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and personally known to me or proved to me on the basis of satisfaclory evidence to be he person who executed the within instrument as the The Katkov Company Secretary of the corporation that I FOR NOTARY SEAL OR STAMP executed the within instrument on behalf of Carlsbad Heights Associates - the parl- nership lhat executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed Ihe same. WITNESS my hand and official seal. Clarissa A. Miranda c Signature tdy Comm. Expires March I, I991 -7.. ‘-- .i ‘. :.--’ -y ‘il., i?I”C7T”WFm.7 .-:;ws ..r-pn-q:s.q.rlm *.x, .,, .-:-.:a. - ..-:- 17-r -. ,.... ..r. : I.+..,< ..,- .” EXHl t3l’l’ “A” * C. 700 Y’ . ,.*--I* ,-. -. IJ;liAL DES&%ION OF LAUaEL TREERES-v . -. That certain real property located in the City of Carlsbad, County of San Diego,‘State of California, more particularly described as follows: All that parcel of land dcslgnated A 9 “Dcscrlptlon No, 4, 76.89 Acres” as shown and delineated on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot “G” of the Ranch0 Aqua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed 1 in the Office of the County Recorder of San Diego County, November 16, 1896. Excepting therefrom that portion described as follows: BEGINNING AT THE NORTHWEST CORNER OF SAID “DESCRIPTION NO. 4, 76.89 ACRES”; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL SOUTH 09”58’ 17” EAST 680.09 FEET ’ TO A iINE PARALLEL WITH AND 80.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 1 IN A DEED RECORDED .JUNE 20, 1978 AS RECORDERS FILE NO. 78-254337; THENCE LEAVING SAID WESTERLY LINE AND FOLLOWING ALONG SAID PARALLEL LINE, NORTH 77”22’52” EAST 868.50 FEET; THENCE NORTH 38”40’06” WEST 41.36 FEET TO THE BEGINNING OF A TANGENT CIJRVE CONCAVE NORTHEASTERLY, THE RADIUS POINT OF SAID CURVE BEARS NORTH 5 1’ 19’54” EAST 1451 .OO FEET; THENCE ALONG SAID CURVE 732.93 FEET THROUGH A CENTRAL ANGLE OF 28’56’29” TO A POINT ON THE NORTH LINE OF SAID “DESCRIPTION NO. 4” DISTANT NORTH 71”35’51” EAST 676.82 FEET FROM THE AFOREMENTIONED NORTIJWEST CORNER; I TIIENCE ALONG SAID NORTH LINE, SOUTH 71”35’51” WEST 676.82 FEET TO TftE NORTfIWEST CORNER OF SAID “DESCRIPTION NO. 4” AND THE POINT OF BEGINNING. I ALSO EXCEPTING THEREFROM: 1 THAT PORTION OF THE LAND DESIGNATED AS “DESCRIPTION NO, 4, 76.89 ACRES” AS SHOWN AND DELINEATED ON RECORD OF SURVEY MAP NO, 5715, FILED IN THE OFFICE OF’ THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, ALSO BEING A PORTION OF LOT “G” OF THE RANCH0 AGUA HEDIONDA, IN THE ‘CITY OF CARLSEAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUN’i’Y, NOVEMBER 16, 1986, DESCRIBED AS FOLLOWS : n 1 AL QES(;BJPl ION QF LAW TKE-EG- I-Lmnm --... -c r,-la.L..J BEGINNING AT THE NORTHWEST -CORNER OF SAID "DJZXRIJ"I'ION NO. 'I, 76.89 ACRES”; THENCE ALONG THE NORTHERLY LINE OF SAID,PARCEL NORTlI 71"35'51" EAST 676.82 J'EET TO THE TRUE POINT OF BEGINNING; TIIENCE CONTINUING ALONG SAID NORTIIERLY LINE NORTH 7 lo35 ’ 5 1” EAST 560. 34 FEIT TO A l'OIN'1' ON 'I'llI:, I:ASTJ;RI.Y l.INI:. OI: SAID I)I~SCRIP’i.ION NO. 4 ; THENCE FOLLOlJING AJ>ONG SAID EASTERLY LINE, SOU’I’II 13” 36 ’ 08” GIEST 5.00 FEET TO A TANGENT CURVE CONCAVE NORTJIEASTERLY HAVING A RADIUS OF 570.00 FEET; THENCE SOUTHERLY 845.02 FEET hJ,ONG SAID CURVE T1lROUGH A CENTRAI, ANGLE OF 84”56’ 26”; THENCE SOUTH 71"20'18" EAST 301.37 FEET TO A POINT OF CUSP AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTIIERLY HAVING A RADIUS OF 510.00 FEET TO WHICH A MDIAL LINE BEARS NORTH 14"00'09" EAST; TIIENCE, 1,EAVING SAID EASTERLY LINE OF DESCRIPTION NO. 'I, WESTERLY 436.82 FllET Al,ONC SAT11 CURVE 'I‘IIROUCtI A CENTML ANGLE OF 49"04 ' 27"; 'L'IIENCE SOU'TII 54 "55' /IX" WEST 3611 . 40 I:I:1:'1' TO '1'111' III'GINNING 01: A NON-‘i%NGEN’l’ CURVI- CONCAVK SOU’L’IIWI’S’~f:I~1,Y IlAV IN(: A RAl)l.U.$ 01: 1349.00 FEET TO WIIICII A MDIAJ, LIN12 BJ:ARS NORTII 54"55'42" EAST; '1'1113NCJ: NORTIiIJESTl~RLY 84. 66 FEET ALONG SAID CURVE '~IIl~OUGIl A CI-N’I’RAI, ANC1.I’ 01‘ 3” 35 ’ b5” ; 'llIENCII NORTH 38"40'03" WEST 200.00 FEET TO 'l'lll' III~GINNTNG 01: A TANGI-N'J' (:UJ<VI: CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1451.00 FIXT; TIIENCI: NORTIIERLY 732.?3 FEET ALONG SAID CURVE THROUdll A CENTML ANGLE OF 28"56'28" TO TJIE TJ:UE POINT OF BEGINNING. PARCEL 2: +~Easeeentt . . for roadway : and utility purposes over those certain strips of land designated as “60.00 foot easement and 66.00 foot easement reserved for roadway and utility purposes”, as.shown on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Dicgo County, II .I, Deccmbcr 19, 1960, being a portion of [,ot G of the J?;~nctlo Aqua Ijcld \ onrla 1 n t. he ‘C0trnt.y nf San I?ifigo, str1tv of Cal !rornia, iJCCUl’djflg LO Map L/lf-‘rPof NCZ. fl23, IilcO in ttir Office oE the County Recorder of San Diego County, November 16, 1096. Excepting from said 60.00 foot strip that portion which lies within Parcel 1, The easements herein described are hereby declared to be appurtenant to and for the use and benefit of the present and future owners of all or any portion of "Descriptibn No. 4, 76.69 AcreS” as shown and dellneated on said Record of Survey Map No. 5715. ‘_.. ‘>4 . - - + _ . .I . 702 COST ESTiXATE FOR COLLZGE BOULEVARD PALOMAR AIRPORT RD. TO SPiERS S'LY SOUNDARY BUCCOLA ENGI-NEERING, inc. %RCii 31,1989 TOTAL GRADlNG ........................ $1,003,432.50 TOTAL STREET I~PRO~~~~S ............ $964,803.77 TOTAL STORM DRAZN .................... $449,460.25 TOTAL ~HATER DISTRIBUTION ............. $i25,913.50 TOTAL SAN1TARY Safe ................. $106,927.00 ------------m--m TOTAL CONSTXJCTiON COST .............. $2,650,537.02 EXHl6Jf ‘6 ’ ‘F-T4 --i-q m-m- COST ESTIYATE FOR COLLEGZ SOULWARD ~A~O?Xi? AfRPORT RD. TO SPIXRS S'LY 3OUXXi.RY 3UCCOLA EXGZEEZZ~G. inc. Y?CX 3L,i989 QUAZFITY UNIT iJ'9'C-- -- - -------- -_------__ “OTE ----- GRADING -----__ 7-r --2L VOLU?I~ 272700 CY $3.00 $8:8,100.00 SLOPZ PLANTING (EYDROSXEiD) L.81500 SF $0.08 $l4,520.00 SLOPE: ZRRfGATIOX L8',500 SP $0.22 $39,930.00 ____------------- SUBTOZ'AL GRAXXG $872,550.00 TOTAL GRADIXG 25% Contfngency $130,882.50 ____------------- $:,003,432.50 STREET f?A.PROVTS --------__--e---e-- 6; COWYRZ'X CURS OXLY 6" CONCRZT CURS & GUTTER sxgTi=x (4" yT+cc~~~ss) 6"A C /6"A 22 . * . . TFcAWIC SiGBAL (6 E!.!.SE) S"Rzz NAVE S1Q.J srnrqpT7- "RZS -_ -A SURVZY ?r.OmP??NTS BARRICADES =JuSF SFi yA!x'OLES TO r,Rmx 6 " TYPZ A A.C. BERX 9500 LUYZN STREET L,iGT ACCESS RAF 86 L? '_:go4 LF 29760 SF 194450 SF : - LS 5m 61 ?A. 6ZA 246 L.F. 14 a 529 LF 7: FJ -9 a: Srr.00 $1’_.00 $2.70 $2.52 $80000.00 8Z75.00 $70.00 $3>5.00 $20.00 $260.00 $7.20 $2900.00 $600.00 $946.00 $130,944.00 $80,352.00 $490,014.00 $80,000.00 $875.00 $4,270.00 $:,890.00 $4,920.00 $3,640.00 $3,808.80 $31,900.00 $5,400.00 ___-------------- $838,959.80 TOTAL STRmT i~M.FROVX$$EXTS 15% Contingency $125,843.97 -___------------- $964,803.77 . .._ _ - I * . * . . 704 Iyy ---- STORM DRAIKAGE -------------- COST ESTIWVI'Z FOR COLLEGE BOULEVARD PALO?+!! AIRPORT Rg. TO SPIEZS S'LY BOUNDARY BUCCOLA ElVGL%EERING, inc. !'UG!C~ 31,1989 18” R.C.P. 24ll R.C.P. 36" R.C.P. CLEANOUT TYFE A4 CURB iNLET - TYPE A, -/f=5' STRAIGzT ;T&j-~rfiLL BRICX t; ?CIORTOR PLUG DOUBLE 7'X8' R.C. BOX XAqpm WING HALL & APRON RI? RAP EXEXGY DISSIPATOR KING TYPE D-32 SUB TOTAL STORM DRAixAGE QUAKTITY UNIT PRIG," -------- ------_--- 375 LF 6 LC 2500 LF 9EA 6EA -. ZA 5EA L35 L,a 2 EA 1 LS ?m $50.00 $60.00 $LOO.OO $3000.00 $3400.00 $2925.00 $500.00 $400.00 $3300.00 $6000.00 $3300.00 15% Contingency TOTAL -se-- $18,750.00 $360.00 $250,000.00 $27,000.00 $20,400.00 $l,925.00 $2,500.00 $54,000.00 $6,600.00 $6,000.00 $3,300.00 --_-------------- $390,835.00 $58,625.25 ____------------- $449,460.25 TOTAL STORM DRAIN . . ,. - *. . 6 s ,I 705 COST ESTiYATE FOR COLLEGE F'ALOMR AIRPORT RD. TO SPIERS BUCCOLA EKGfNEERfRG, .Y!CE 31,i989 BOULEVARD S'LY BOUNDARY inc. -KATER DiSTRIBUTION ------e---e------- 8” A C P 1 . 12” A.&. :,2"X8" FL. REDUCER ? 3"?q 3" FL;. . -a iz GATE CROSS & T.B. VALVE 22" GATE VALVE FIRE "YDRANT ASSE!!BLY 2" BLOW 0,FF ASSElrlBLY SUB TO' XATER DISTRIBUTION TOTAL TWTER DISTRIBUTION SANiTARY !ZZXERS -----e----e---- 8 ” PVC SrnD ?AA_‘N 8 ” PVC E3D CAP STD. SFA~ F??EOLE FCC SE!6ER E3iCASEMENT SUB TOTAL SANITARY SE+ZZRS TOTAL CO3ZZRUCTION COST QUANTiTY UNIT PRICE TOTAL e-----e- ---------- ----- L364 LF $20.00 $27,280.00 2000 LF $29.80 $59,600.00 43 $:80.00 $720.00 2 EA $500.00 $1,000.00 4z?l $740.00 $2,960.00 2z?i SL250.00 $2,500.00 7zA $2030.00 $14,210.00 2EA $610.00 $1,220.00 ------c---------- $:09,490.00 15% Contingency $16,423.50 e-----4--___----- sr25,913.50 3000 LF $25.00 $75,000.00 3zA $20.00 $60.00 -; : EA -z CY $1520.00 $i6,720.00 $600.00 $2,200.00 a---------------- $92,980*00 15% Contingency $13,947.00 ---------___e---- $X06,927.00 _--_--e-------m-- $2,650,537.02