HomeMy WebLinkAboutMS 324; Frank H. Ayres & Son Construction Company; 78-046620; Future Improvement Agreement/Releasei. -. e-1
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i City of Car1sbad 1 ‘_.
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Ca t-1 Sl)2(l , CA i 97.000 ,
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F,dPAGEKO.- BOOK h4f8
RECCROEO REQUESTOF
~~~.%?h!!ClTY CLERK
FEB 3 11 46b!‘!‘78
OFFtCfbL RECORDS . SA#D~EGO~OUNTY,CALIF. HARLEY F.BLOOM RECORDER .
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f i rm na13e
City of Carlshad
Pa t-ccl No. 215-270-34.
FEE
CONTRACT FOR .FlJTURE PUBLtC It”1PRO’JEMEi:TS --- ----- ---.--
-rH I s AGRr,f3ENT is n:ade by the City OF Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and Frank H. Ayres i Son .
Construction Company, a California corporation;‘hereinafter referred to as “Property
Owner.” .
KEC I PALS: -.---
WHEr?EAS, Property Owner has appl ied to C i?y for a b
Final Parcel Map, Plumber MS 324, .‘. ::
5 I
for the real property hereinafter described, now under Property Owner’s
owrte t-s h i p ; a nd
WHtXEAS, it has been found that said pr.operty, is not suitable
for detielcipment in its present condition, however said property would be
suitable for development if certain pub1 ic itxprovenients .hct-ci naftet-
desct-ibcd are cons’iructed and certain irrevocable offers of dedicat-ion
I at-e rrla(!e to C i ty; and ’
Wt-IEREAS, .the Mun i c i pa 1 Code of C i ty and City Engineer’s ‘letter
dated December 27, 1977
a -1: tacilcd he rcto and i ncot-pot-a t cd by re?c rence he t-e i n rcqu i I-C cer t:;; i II a
iniprovenlents and clcdiccltions ~71; a condi1:ion of approval of ttlis
Parcel F!ap ; and -w4 . .
V! ti E R 3, s , Fropet-ty Owner has requested said Parcel Map
be gt-antcd t;y City in a(!\r,ltiCe 0-I’ the t irne sn id ‘ir:~pi-ovi:me;~~s a t-e to he
I made ; J nd
’ I;‘HEI!EAC - , Propcrtjl O~.Inc:t-, in consider;jtion of tllc spprovsl of
.
A 312 ti,
said Parcel Map 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
const ruct i on ;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows:
Section 1. That City agrees Jo record any irrevocable offers
of dedicat ion made by Property Owner for Final Parcel Map, Number MS 324.
Sec.t,ion 2. That Property Owner, in lieu of making the herein-
after described improvements before approval of said Parcel Map
is granted, agrees to install ‘and construct, or cause to be installed
or constructed, sa i d improvements in accordance with plans and specifi-
cations 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 February 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 sai’d improvements may,,--at the sole . .
election of City, be requi red to be made sooner than said date or such
extended period of time whidh 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 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
iljtersecting streets on bo,th sides o-f the street upon which the property
h(:rci n described has f rontagc, have petitioned the City to form an
impt-ovcment district for the improvement o-f said streets.
Said improvements shall be made without cost or expense to
ci Ly. City estimates that the cost of engineering ahd construction of
sa i cl improvements at the time o-f signing this contract is $1,296.00 .
Property Owner hereby acknowledges that said cost is a reasonable
cstirllate of engineering and corlr;truct ion costs at this time and tilat the
actual cost OF same at some time in the future may exceed this estimate.
Sect ion 3. ---- That [or the fa ithful pcrformancct of the promises
(2)
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a ncl covenants here i II con.La i ned , Property Owner hereby grants to City a
1 ierl upon the hereinafter described property in the amount o-f $1,296.00 ,
plus any future increases of co/st 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-
f ied herein, he agrees that City may do any or al 1 of the following:
(a) Have the necessary engineerinj for said improvements
done, and install and construct said improvements by contract or other-
wi se. City or its contractor and his employees may enter upon any
pot-tion br portions of the property reasonably necessary for said
engineering and construction, and the ent i re cost and expense shall be
charged against said property and payable by said Property Owner, his
successors, heirs, assigns, or transferees immediately upon completion.
o-f said improvements. In the event same is not paid within 30 days from
completion, City may foreclose said lien as provided by law for the
foreclosure of mortgages. b
(b) Direct the City Engineer to estimate the cost:of necessary
engineering, and the work required to install and construct said improve-
merits, 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.
Section 4. .- That it is agreed that anything herein contained :o
the contrary notwithstanding, the promises and covenants made,he;-ein shall
not. be binding upon the holders, mortgagees, or beneficiaries of any
purchase: money mortgage or purchase money deed of .trtist for valL:e which
has been or may in the future ‘be executed by the Property Owner, his
successors, heirs, assigns, or transferees, and the !ien hereby created
shall be and is hereby subordinated to and declared to be inferior and
subsequent in 1 ien ‘to the 1 i en of ariy such pu rcllase money mortgage or
PI: rchase money deed of trust, The lien hereby crested shall likewise be
of no .force or effect against any owner whose .t i t le to the property here-
irlaft’er dcr,cribed is acquired by or as a result of a foreclosure or
t r-us tees’ sale of any such purchase money mortgage or purchase money
deed of trust.
Sect ion 5. That St any time dur’ing 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
emp 1 oyee t hereoF, be liable or responsible for any accident, loss or
damage happening or occur.ring 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 emplo^yee 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
his successors, heirs, assigns, and transferees, and they shall save the
City harmless from, and indelnnify the City against, any and all claims,
suits and liabilities of or to any person or property injured or claim- i-
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 employ‘ees thereof from
all liability or claim because of, or arising out of, the use of any
patent or patented article in the ccnstruction of said improvements.
Sect i on 7. - It is fur-ther agreed that said Property Owner will
id work and im- at al 1 times up to the completion and acceptance of sa
provements by the City, give good and adequate warning
pub1 ic of arny danget-ous or defective conditions of pub
to the travel ing
1 ic property. The
Property Owner hereby agrees to pay for such inspection of improvements
a:; may be t-equi red by the City Engineer of Ci ty.
Section 8. This ngreelnent and the covenants contained herein
s ha 1 1 be b i nd i ny upon and inure to the benefit of the successors, heirs,
( 4 1
.
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_ _
I I 3%
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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 refer'red to herein
and upon which said lien is imposed. is described as follows:
Lot 169 of LA GIST,4 F1ERDO!i'S UYIT t10. 1 , in the City of Carlsbad, County
of San Diego, State of California, according to Kap thereof No. 6500 , filed in the
Office of the County Recorder of San Diego County, on December 9, 1970.
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(5)
I. 316
Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements Estimated Costs
1. 425 S.F. of 4" PCC Sidewalk $ 446.00
2. 85 L.F. of 3'k High Retaining Wall 850.00
TOTAI
Dated: /I? lw
; COST $ 1,296.OO
.$I: i! 2 ~' _- L , $' r
: n+. " I : G-)r‘-f
CITY OF CARLSBAD, a Municipal
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On uhA&f /97#+ before me the undersigned, a
Notary*Public in and for &id'State, peisonally appeared Paul-D, Bussey,
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.
WITNESS my hand and official seal.
APPROVED AS TO FORM:
City Attorney
(Notarial acknowledgement of execution of owners must be attached).
-G--
2 B E ‘3 aI E l- c 9 .- tJ I ‘; i
‘;‘ .o 6 b it
5 w 5 2
STATE OF CALIFORNIA
ORANGE COUNTY OF- >
,: 317 i? 55.
0” JANUARY 9 1978 before me, the undersigned, a Notary Public in and for
said State, personally appearedA H.G’LEASON
known to me to be the VICE President, and ---
known to me to be the ----- Secretary of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and ac-
knowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors.
BETTdL. FAUST
(This area for official notarial seal) Name (Typed or Printed)