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Home My WebLink AboutFIA 89-04; Carlsbad Heights Associates; 89-330510; Future Improvement Agreement/Release. __ ,.. -.. --ps -- .- -. . 69 -30550 RECORDING REQUESTED BY AND ) j~z-~;1,, ;+ :,' :'; :...'-~;$,~'_~~~ i WHEN RECORDED MAIL TO 1 88&P 22 ??I 2: 28 CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 I 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 * ‘. - . 621 - . .I 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. 622 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 seven hundred seventy eight thousand two hundred nine dollars and OO/lOO DOLLARS ($778,209). 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 $778,209 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 &stall and construct said improvements, and foreclose said lien in said amount. 623 (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. 624 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 625 Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: IMPROVEMENTS See Attached Exhibit B ESTIMATED COSTS IN WITNESS WHEREOF, we have hereunto set our hands and seals this 27 day of,fl&r;( , 1989. PROPERTY OWNER Carl&ad Heights Associates, Vincent F. Biondo, Jr.d,/f, w. City Attorney CITY OF CARLSBAD, a Municipal cd- of the State of California By: Community Development c- Director Corporation (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION OF OWNERS MUST BE ATTACHED.) 626 ’ , --- 1 STATE OF CALIFORNIA SAFECO ss. TITLE INSURANCE COUNTY OF San Diego I On this the 27th day of April 19&!%, 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 _-_~ the corporation that executed the within instrument on behalf of - the part- FOR NOTARY SEAL OR STAMP nership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal, Clarissa A. Miranda -5 - i?!!&& G a t,izL.zu- Expires March I, I99 1 Signature STATE OF CALIFORNIA COUNTY OF SanDiego SAFECO TITLE INSURANCE On this the 27th day of April t9@-., before me. the undersigned, a Notary Public in and for said State, personally appeared H-?-ii T_ T&&knv -- 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 The KatkovCcmpany Secretary of the corporation that I FOR NOTARY SEAL OR STAMP executed the within instrument on behalf of Carlshad Heights Associates the part- nership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Clarissa A. Miranda Signature . . r b , ._ EXHIBIT "&' . ~' 3 aPS LEGAL DESCRIPTION LAURKL TREE COMMERCIAL PARCEL PARCEL a: 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 AGLJA HEDIONDA, IN THE CITY OF CARLSBAD, 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 COUNTY, NOVEMBER 16, 1986, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID "DESCRIPTION NO. 4, 76.89 ACRES"; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL NORTH 71"35'51" EAST 676.82 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 71"35'51" EAST 560.34 FEET TO A POINT ON THE EASTERLY LINE OF SAID DESCRIPTION NO. 4; THENCE FOLLOWING ALONG SAID EASTERLY LINE, SOUTH 13"36'08" WEST 5.00 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 570.00 FEET; THENCE SOUTHERLY 845.02 FEET ALONG SAID CURVE THROUGH A CENTRAL 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 SOUTHERLY HAVING A RADIUS OF 510.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 14"00'09" EAST; THENCE, LEAVING SAID EASTERLY LINE OF DESCRIPTION NO. 4, WESTERLY 436.82 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49"04'27"; THENCE SOUTH 54"55'42" WEST 364.40 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY IIAVING A RADIUS OF 1349.00 FEET TO WHICH A RAl)IAL LINE BEARS NORTH 54"55'42" EAST; THENCE NORTHWESTERLY 84.66 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3"35'45"; THENCE NORTH 38"40'03" WEST 200.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1451.00 FEET; THENCE NORTHERLY 732.93 FEET ALONG SAID CURVE THROUGH A CENTML ANGLE OF 28"56'28" TO THE TRUE POINT OF BEGINNING. . THE ABOVE DESCRIBED PARCEL'OF LAND CONTAINS 11.264 ACRES, MORE OR LESS. PARCEL 2: ::Z:~Easements for roadway? .and utility purposes over certain strips of land designated as “60.00 foot easemen and 66.00 foot easement reserved for roadway and utilit purposes”, as .shown on Record of Survey Map No. 5715, file in the Office of the County Recorder of San Diego County December 19, 1960, being a portion of Lot "G" oE the Ranch Aqua Hadionda In the County 0 t’ San Dieqo, stt3t.p 0 California, iiccurdirlg LO Map Lh~~re~)f NC. 823, filed in th Office of the County Recorder of San Diego County, November 16, 1896. 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 “Description No. 4, 76.89 Acres” as shown and delineated on said Record of Survey Map No. 5715. . I. . COST E5~,‘IP??TE PALOMAR AIRPORT RD. TO FOR COLLEGE N. SOU3rnARY XJCCOLA EXGINZERING, MARE 28, 1989 -628 BOULZVARLJ OF CO.MMERCLAL SITE inc. TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL GRADING ........................ $158,700.00 STRZET IMPROVEMENTS ............ $369,413.12 STORM DRAlN .................... $165,007.75 -zATzR ~ISTRZBUTLOX ............. $50,38:.50 SAXITARY SEXER. ................ $34,707.00 -----------e--v- CONSTRUCTZON COST .............. $778,209.37 - 629 ‘. .* . . COS" Es22!K'E FOR COZLEGE 5OULZVARti PALO??? AIRFORT RD. "0 3. ZIOUXDARY OF COX+!ZRCiAL SZZ'E 3UCCOLA EXGXEXRfXG, Inc. ?JARCX 28, L989 7-w -i-e ---_ GRADXG ---_--- Ff& VOLIJ.~ SLOPE "LAXT'ZXG (-JYDROSEED) SLOPE ZRRIGA'ZZOX SUBTOTAL GRADIXG - sm=i ~-v??RO~~%!!~~S --___-------------- 6" COKRETE CUR3 OXLY 6" COXCRETE CUR3 & GU? SiDEZALX (4" TZCXXESS) 6"A.C./6"A.B. Z'RAWIC SZGXAL (6 PXASZ:) STRm SAM? SIGx STREET TREES SURVEY FfOWKZXTS BARRICADES ADJUST ?XFX ?XXXOLES TO GRADE 6 " TYPE A A.C. EERM 9500 LUKEX STREET LIGi-3 ACCESS RAW SUB TOTAL STREET IUPROVE!!~.S "OTAL STREZT IWRO'S QUA_\FITy UK fT ;>RICE ---___-- ---__----- TOT= ----- 42000 CY $3.00 $126,000.00 40000 SF $0.08 $3,200.00 40000 SF $0.22 $8,800.00 e-----e---------- $:38,000.00 15% Contingency $20,700.00 -----_----------- $158,700.00 86 L" 4000 iF 10000 SF 60000 SF LEA 2zA 20 EA. 2E?k 82 L.F. 3 -a 449 LF 3 EA. 2 EA. $li.OO $946.00 SiL.00 $44,000.00 $2.70 $27,000.00 $2.52 Si5i,200.00 $80000.00 $80,000.00 $250.00 $500.00 $70.00 $'_,400.00 $355.00 $630.00 $20.00 $:,640.00 $260.00 $780.00 $7.20 $3,232.80 $2900.00 $8,700.00 $600.00 $1,200.00 ----------__----- $321,223.80 15% Contingency $48,184.32 --------------e-s $369,413.12 r * . ) ,- .’ . COST Eb.i'IFATE FOR COLLEGE PALOi'!,?, AIRPORT RD. TO N. BOU?JWRY BUCCOLA EXGIXEERZXG, MARCS 28, 1989 fTEM ---- STORM DRAINAGE -----------m-m 58" R.C.J. 24" R.C.P. 36" R.C.P. CLWOUT TYPE A4 TYPE B CURB IMLET (X=5') STRAIGET XEADXALL BRICK & MORTOR PLUG DOUBLE 7'X8' R.C. BOX KmpD WING -iALL & APROx RIP RAP ENERGY DISSIPATOR XZXG TYPE D-32 SUB TOTAL STORM DRAINAGE TOTAL STORM DRAIM QTJATTTTY UNIT PRZCE --_----- -----_-_-- 150 LF 6 LF 500 LF 2zA 2 EA :a SEA 535 LF 2 EA 1 LS 1 -a $50.00 $7,500.00 $60.00 $360.00 .$zoo.oo $50,000.00 $3000.00 $6,000.00 $3400.00 $6,800.00 $i925.00 $1,925.00 $500.00 $1,000.00 $400.00 $54,000.00 $3300.00 $6,600.00 $6000.00 $6,000.00 $3300.00 $3,300.00 ---es------------ 630 BOULEVARU OF COMMERCIAL STv -A4 inc. TOTAL ----- $243,485.00 15% Contingency $21,522.75 ----------------- $165,007.75 . 631 , -. / * I-, _’ 1 . : 4, COST ES'I'IYATE FOR COLLEGE . PALOWIR AiRPORT RD. TO x. BOUKDARY HJCCOLA ?ZXG~XEER~XG, MARCE 28, f989 --,A= DfSTRIBUTION ---B-------M------ 8" A.C.P. 12" A.C.P. T2"XS" PI;. REDUCER 12 “X12” FL. CROSS & T.B. 8" GATE VALVE 12" GATE VALVE FIRE ~YDRA.?ZT ASSEMBLY 2" BLOW OFF ASSEMBLY SUB TOTAL -ikuYIER D_'STRIBmION BOULEVARU OF COM?!ERCIAL SITE inc. QUA3iTITY UNZT PRICE TOTAL -------_ __-------- ----- Z.82 LF 1000 LF 4EA 2zA 2zA 2EA 2 EA I -Ta 15% "OTAL 'KATER DISTRIBUTION SANITARY SamS ----e-e-------- 8 " -pvC S~A~R fi!!Ix, 8" PVC E3D CAP STD. Smm WlN~OLE PCC Smm E.WZASE?!??.NT SUB TOTAL SANITARY SE?ZERS TOTAL SANITARY SE&ii TOTAL CONSTRUCTION COST $20.00 $29.80 $:ao.oo $500.00 $740.00 SL250.00 $2030.00 $610.00 $3,640.00 $29,800.00 $720.00 $L,000*00 $1,480.00 $2,500.00 $4,060.00 S6i10.00 .---------- $43,810.00 Contfnqency $6,571.50 ____------------- $50,381.50 1000 LF $25.00 $25,000.00 - EA LA $20.00 $20.00 $1520.00 $4,560.00 l CY $600.00 $600.00 ____------------- $3o,iao.o0 15% Contingency $4,527.00 ------v-w-------- $34,707.00 ----e----e------- $778,209.37