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HomeMy WebLinkAboutMS 324; Frank H. Ayres & Son Construction Company; 78-046620; Future Improvement Agreement/Releasei. -. e-1 ‘R I! C 0 I< ij I PI (; I?\ [IQ !I f 'J -r E D [I: Y A t~1[1 ) Wi!i:‘t! l:I~(;Olii)I~[~ I-V! I L 1'0: i City of Car1sbad 1 ‘_. 1200 II: In1 AVi!llllf2 Ca t-1 Sl)2(l , CA i 97.000 , A 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 . __-_--.- -_-_..--e-m --_- -.-. --_---___- Space above th i s 1 i ne for Rcxot-der’ s use . NQ 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) * 313 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 . . - _ _ I I 3% - 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. xx xx ‘. xx xx xx xx xx * . xx XX xx . XX xx xx xx XX (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)