HomeMy WebLinkAboutMS 325; Frank H. Ayres & Son Construction Company; 78-046621; Future Improvement Agreement/Releasei:I’COi-:!) I E!G R[:QUt:~TED EY AE4D )
Wi-!tYtl I~I~COliDliD I% I L TO: 1 ce.~&&~- CITY CLERK
FEN 3 II dV19
QFFICM. !?ECQf@$ SAN CIEGO CQUNfY,C&tf, HgG.EY f, e~w# .
---- space --------z--.--- RfCQ&@,EfF ------ above th I s 1 I nc for l?ccorder ’ 5
FILE/PAW&i..-- SOOK x-978 REGQROECREPUESTOF
USC . NO
Documenta t-v t rsnsfcr tax: , SNo fee . --~--.--I~ -&!!.--- 3 i gns-cu t-e of dcc la rant detcrmi ni r-19 tsx-
f i rm nalrte
City of Carlsbad
Parcel No. 215-270.-35 --
FEE
-.-- ---,- _----_
CONTRACT FOR .FIJTURE PUBLlC IMPRO’JEMEt~lTS -__--- -_--.--
THIS AGREEI:IENT is L~>acie by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”‘, snd Frank H. Ayres i Son .
Construction Company, a California corporation, ‘hereinafter referred to as “Property
Owner. ”
REC. I ?ALS:
WHEREAS, Property Owner has appl ied to City for a d. .‘. Final Parcel Map, Number MS 325, .:
.
for the real property hereinafter described, now under Property Owner’s
ownership; and
WHEREAS, it has been found that .saicl property is not suitable
for dev’elopment in its prese 7t cond i t ion, however said propei-ty would be . .
suit::l>le for development if certain pub1 ic improvements .hcrQinafter .’
described are constructed and certain irrevocable offers of dedication
are filnde to City; and ’ .
Wi:lEREAS, the Munici pa 1 Code of City and city Engineer’s letter _
dated December 27, 1977
attacilcd hereto and incorporated by reference herein requi I-C certai 11 .
improvements a nd cled i cat i ens as a condition of. approval of this
Parcel F!ap
.
; and ‘W \. .
\?!HEREhS, Froperty Owner has requested said Par&l Map
be granted by C i t:y i n aclv;1iice of the t imc! said ‘irnl:)t-ovucner~ts arc’ to be
, m;idc; and
’ \rjHERE.AS, PI-Of-Wi:j’ bJIIC!I‘, in considerntion of tljc approval of I
(0
_. 319
said Parcel Flap df2S
securing the construction of said
it to be in the pub1 ic interest to
const ruct i on;
i res to enter into this agreement
improvements, and City has determined
agree to telnporarily postpone said
NOW, THEREFORE, IT IS AGREED between the parties hereto as
fol lows:
Sect ion 1. -.- That City agrees to record any irrevocable offers
of dedicat ion made by Property Owner for Final Parcel Map, Number MS 325.
Section _--__I 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, said 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 requi red to make
sa id improvements before February 1, 1979 or within such further period
o-f 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 2’
election 0F 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-
setting stt-eets on bo-th sides of the street upon which the property herein
described ‘has frontage, have agreed with City to install street impt-ove-
ments to City specifications.
(b) When owners of more than 50% of the frontage, between
itrtcrsecting streets on both sides 0.f the stt-eet upon which the property
herein described has frontage, have pet it ioned the City to form an
improvement district for the improvement o-f said streets.
Said improvements shall be made without cost or expense to
City. City estimates that the cost of engineering and construction of
sa i cl impr-overnents at the time OF signing this contract is $1,297.00 .
Property Owner hereby acknowledges that said cost is a reasonable
ch t i t-i!stc 0 i crrg i nce r i ng and cotls t ruct ion cos ts at th i s t i n:e and t tla t the
ac tua 1 cost UT sa111e at some time in the fu tu r-e may exceed this es t ima tc,
Sect ion 3. _ _-. _--_-_- That for the fa itflful pet-for-nuance of the promises
(2)
and covenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of $1,297.00 ,
plus any future increases of c0L.t in excess o-f this sum resulting froTn
increased engineering and construction costs, and in the event Property
Owner, his successors, heirs, assigns, or transFeree5 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 all of the following:
(a) Have the necessary engineering 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
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, his
successors, heirs, assigns, or transferees immediately upon completion
of said 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 estimate the cost: of necessary
engineering, and the work required to install and construct said improve-
ments, 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 1 ien, and the
Property Owner, his successors, heirs, assigns, and transferees, shall -I
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 orpurchasemoney deed of trust for value which
has been or may in the future ‘be executed by the Property Owner, his
successor-s, heirs, assigns, or transferees, and the lien hereby created
shall be and is hereby subordinated to and declared to be inferior and
subsequent in 1 ien to the 1 ien of any such purctjase money mortgage or
pl:rchase money deed of trust. The lien hereby created shall likewise be
of no force or ef.fect against any owner whose title to the property het-e-
inafter described is acquired by or as a result of a foreclosure or
(3)
l L
'- ; __ 321
t- rustces’ sa 1 e of any such pu I-chase money mortgage or purchase money
clced of t t-11 s t‘ .
Sect ion 5. That at any tiflle 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 o-f 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 Enginee
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 thereof, 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 o-fficer or employee thereof, be I 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 liabilities of or to any person or property injured or claim-
ing to be injured as a result of said war!; or improvements. Said Pro-
perty Owner, and his successors, heirs, assigns, and transferees, further
agrees to protect said City and the officers and empioy’ees 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 improvements.
Sect i on 7. t-t is further ag reed that said Property Owner wi 11
at al 1 times up to the completion and acceptance of said work and im-
provernents by the City, give good and adequate warning to the traveling
pub1 ic of any dangerous or defective conditions of pub1 ic property. The
Property Owner hereby agrees to pay for such i nspec t i on of improvements
as may be required by the City Engineer of City.
Section 8. -.__I--- This agreelnent and the covenants contained herein
sha 1 1 be b i nd i nq upon and inure to the benefit of the successors, hei t-s
(‘4
.
(. * * : .
. l .
5’ -
.
-1 322
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-ked to herein
and upon which said lien is imposed- is described as follows:
Lot 170 of LA COST,4 F?ERDO!!S WIT :lO. 1 , in the City of Carlsbad, County
of San Diego, State of California, according to Flap thereof ~0.6800 , 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
. ’
I * * ._ 323 c:
t
! I
/ 1
I
/
t
, /
i
4
1 ,
i
,*
;
i i
1 ! ’
I c
Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements Estimated Costs
1. 426 S.F. of 4" PCC Sidewalk $ 447.00
2. 85 L.F. of 3'2 high Retaining !fall 850.00
TOTAL COST $ 1,297.oo
Dated: IIsl?g'
CITY OF CARLSBAD, a Municipal
STATE OF CALIFORNIA ) ) ss.
COUNTY OF SAN DIEGO )
On y,vk / [97g before me the undersigned, a
Notary*Public in and for aid State, peisonally appeared Paul'D. Bussey,
known to me to be the Ci 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.
WYTNESS my hand and official seal.
APPROVED AS TO FORM:
City Attorney
(Notarial acknowledgement of execution of owners must be attached).
-6-
p-7 --
STATE OF CALIFORNIA 5s. E”, 324
z COUNTY OF----- ORANGE ___-
x
>
5 On JANUARY 9 1978 , before me, the undersigned, a Notary Public in and for
ij
a said State, personally appeared J. H. GLEASON i F known to me to be the VICE
iz
President, and ---
.u known to me to be the ---- ; Secretary of the corporation that executed the within instrument,
I and known to me to be the persons who executed the within
t i instrument on behalf of the corporation therein named, and ac-
F .o knowledged to me that such corporation executed the within OFFICIAL SEAL 6 8 instrument pursuant to its by-laws or a resolution of its board of BETTY L. FAUST a
f
directors.
NOTARY PUSLIC CALJ&IRN~A
PRINCIPAL OFFICE
z
WITNESS my hand a
E,
9
BETTY L, FAUST
Name (Typed or Printed) (This area for official notarial seal)