HomeMy WebLinkAboutMS 326; Frank H. Ayres & Son Construction Company; 78-046622; Future Improvement Agreement/Release- L
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BOU# I.978 RECOROEDREQUESTOF
cf!!%&@~ CITY CLERK
FEB 3 II 46 M ‘18.
,CEFiCUit. RECORiS SAHOIEGO COUHTY,CALlF. HARLEYF.BLOO~ RECORDER
.~---_---.I_--.~--------__~-- this line for I?ccot-der's use . NO FEE
Documnta I-V t ran:; Fcr tax: $I.10 fee
-W.--P Siqr1-31:~ r-e ‘-#F&f!&.-.-- -------
f i A name
of dcclarant detczrmfnirly tsx-
City of Carlsbad
Parcel No. 215-260-44 . _
CONTRACT FOR .FIJTURE PUB L: C I MPROVKMEt<TS -----_--_-_l_ -_.__-.--
THIS AGfX5EPIENT is n:acle by the City of Carlsbad, a mclnicipsl
corporation, hereinaf-tet- referred to as "City", ;;nd Frank H. Jyres i Son .
Construction Company, a California corporation,- hereinafter referred to as "Property
Owner. ”
KEC i TALS :
WHEREAS, Property O;pJnet- has appl ied to City for a I- .: Final Parcel Map, Number MS 326, .:
.
for the rec7'l property hereina-Fter described, now under Property Owner'5
ownership; and
\rlHEREkS, it has been foL]nd that said prloperty is not suitable
-for de~elapment in its present condition, however said propei-ty would be
suit;~i~le for devclopmenl: if certain p:rblic imi)rovenlr,nts'hci-Cina~ter . .
described are constructed and certain irrevocable offers of dedication
a t-e trlnc!e to C i t:y ; and ’ .
WHERiXS, .the Mclnicip31 Code of City and City Engineer's 'letter .
dated December 27, 1977
attr-rc.hcd hereto and i ncorporstcd by rc?erence herein requi I-C ccrt:;:i II .
iinprovemcnts and clcdicat ions as a condition of approval of this
Parcel b?ap ; a ncl
KHEREPtS, Fropcrty Owner has rcqt~o.stcd
.
said Parcel Map
be CJ i-i1 t1 ted by C i ty i i-1 Zl<l\‘iI iiCe of the t if-x s;i id
.* rna cl c! ; a IX.1
i rlI\) I’3VC:lIl~ilt’S Cl 1-C t0 bC
’ WHEf!EAS, Prop!t-tjr obmi:r) in cons idcr;lt ion ol: tllc approvsl of
326
said Parcel Map desires to enter into this agreement
securing the construction of said improvements, and City has determined
it to be in the pub1 ic interest to agree to temporarily postpone said
const ruct ion;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows:
Section 1. That City agrees to record any irrevocable offers
of dedicat ion made by Property Owner for Final Parcel Map, Number MS 326.
Section 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 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 happ.ening‘
of either of the fol lowing occurrences sai^d improvements may..,::at the sole .s
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 inter-
secting streets on both sides of the street upon which the property herein
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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
itjtcrsecting streets on both sides o-f the street upon which the property
heroin described has frontage, have pet it ioned the City to form an
improvement district for the improvemen-t of said streets.
Said improvements shall be made without cost or expense to
City. City estimates that the cost of engineering and construction of
said improvements at the time o-f signing this contract is $1,309.00 -
Property Owner hereby acknowledges that said cost is a reasonable
c.ctimate of engineerinq and construction costs at , .I this time and tilat the
actual cost of same at some time in the future may exceed this estimate.
Section 3 .- .-.-s--.-Y That for the faithful performance of the promises
(2)
a rid covcna n t s here i n conta i ned , Property Owner hereby grants to City a
1 ictl upon the hereinafter described property in the amount of $1,309.00 ,
plus any fu.ture increases OF co’it 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 sa id impt-ovements 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 engineering for said improvements
done, and install and construct said improvements by contract or other-
wise. City or its contractor and his employees may enter upon any
portion 6t- 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 con?pletion.
of sa i d improvemen.t s . 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. 1.
(b) Direct the City Engineer to estimate the cost.::of necessary
eng i neer i ng, 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 re-Ferred 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.
Sect ion 4. I____- That it is agreed that anything herein contained to
the contrary notwithstanding, the promises and covenants made,herein shall
not be bindincl 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, his
successors, heirs, assigns, or transf’erees, and the Imien hereby created
shall be and is hereby subordinated to and declared to be inferior and
subsequent i n 1 i en to the 1 i en of any such pu rcljase money mortgage or
PI: t-chase money deed of trust - The lien hereby created shall likewise be
OF no force or ef-.Fect against any owner whose tit te to the property het-e-
i 1);) fter dcscr ibed is acqui red by or as a result of a foreclosure or
328
t rus tees * sale of any such purchase money mortgage or purchase money
deed of trust.
Sect ion 5. That at any time during the period herein provided,
the Property Owner, his succesjors, heirs, assigns, or transferees may
deposit a cash bond or post a surety performance bond sat isfactory 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 o-f 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
employee 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 officer or emplo;ee thereof, be 1 iable for
any persons or property injured by reason of said work or imp’rovements,
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 work or improvements. Said Pro-
agrees to protect said
perty Owner, and his successors, heirs, assigns, and transferees, further
City and the officers and employees thereof from
all liability or claim
patent or patented art
Section 7.
at all times up to the
because of, or arising out of, the use of any
icle in the construction of said improvements.
It is further agreed that said Property Owrier will
completion and acceptance of said work and im-
.
provements by the City, give good and adequate warntng 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.
Sect ion 8. --- This agreelnent and the covenants contained herein
shall be binding upon and inure to the benefit of the successors, hei rs,
(4)
F b’._ 323
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:
Lot 171 of LA MST.4 !YEADO!:rS LIMIT ;lO. 1 , in the City of Carlsbad, County
of San Diego, State of California, according to !?a? thereof No.6800 , filed in the
Office of the County Recorder of San Diego County, on December 9, 1970.
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(5)
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Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements Estimated Costs
1. 428 S.F. of 4" PCC Sidewalk $ 449.00
2. 86 L.F. of 3'f High Retaining Wall 860.00 '. .
TOTAL COST $ 1 ,309.oo
Dated:
CITY OF CARLSBAD, a Municipal
STATE OF CALIFORNIA ) ) ss.
COUNTY OF SAN DIEGO )
On /,/97kc , before me the undersigned, a
Notary@Public in aid'state, personally 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.
Notary Public
APPROVED AS TO FORM:
City Attorney
(Notarial acknowledgement of execution of owners must be attached).
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STATE OF CALIFORNIA
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_.. 331
ORANGE 55. 2 COUNTY OF---_
Fi E On JANUARY 9 1978 , before me, the undersigned, a Notary Public in and for
s
al said State, personally appeared J. H, GLEASON E I- known to me to be the V ICE B-B E President, and
9 .- known to me to be the -mm
2 Secretary of the corporation that executed the within instrument,
f and known to me to be the persons who executed the within
P ii: instrument on behalf of the corporation therein named, and ac-
-2 knowledged to me that such corporation executed the within .e t
6 instrument pursuant to its by-laws or a resolution of its board of
1 fiff.fyLkzJj?~~~~ CO*
BEti L. FAUST
Name (Typed or Printed) (This area for &cial notarial seal)