HomeMy WebLinkAboutMS 444; Worthing/Thompson Limited; 80-356651; Future Improvement Agreement/Releasef-? E’c !J R 12 i :\! 5 T’E@JESTED BY AND >
‘_ s!.-.;;;t\:b/ RECORDED MA IL TO: >
(: ;:c r’ of Car 1 sbad
1 ii0 Elm Avenue
Or,ti2 ,’ *
Carlshad, CA 92008 i
Documentary transfer tax: $No fee
Signature of declarant determining tax-
firm name
City of Carlsbad
sm Q;cx~ &ah-~, Cd&
pa rce 1 No, POrtiOn 206-260-16
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NO FEE ’ vceioL; “‘I ‘j ‘e
CO?&%ACd”ir FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and Worthing/Thompson
Limited, a 1 imi ted partnerhsip
hereinafter referred to as "Property Overly
RECITALS:
WHEREAS, Property Owner has applied to city for a
Minor SubdiGision
for the real property hereinafter described, now under Property Owner’s
._- . . . ownership; and
WHEREAS, it has been found that said property is n?t suitable
for development 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 Section 20.28.060
attached hereto and incorporated by reference herein require certain _
improvements and dedications as a condition of approval of this
Minor Subdivision No. 444 ; and
WHEREAS, Property Owner has requested sa
Minor Subdivision
id
be gt-anted by C I ty in advance of the t ime said imp rovements are to be
made; and
. 1963 ,
sa;il @nor Subdivision 1. 444 desires to enter i o 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
construction;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
fol lows:
Sect ion’ 1. That City agrees to record any irrevocable offers
of dedication made by Proper.ty Owner for Minor Sub&iviaion ~0.444
Sect ion .2, That Property Owner, in lieu of making the herein-
after described improvements before approval of said Minor Subdivision
is granted, agrees to instal’l and construct, or cause to be installed *.
or cons t rutted, sa id improvements in accordance with plans and specifi-
cations approved by the City Eng.ineer within 60 days after written
demand so to do by City. Property Owner shall not be required to make
said improvements -before July 21, 1981 or w.ithin 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 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
intersecting 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.
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 of signing this contract is$4116.00 .
Property Owner hereby acknowledges that said cost is a reasonable
estimate o-f engineering and construction costs at this time and that the
actsa! cost of same at some time in the future may exceed this estimate.
Section 3. Tha-t for the faithful performance of the promises
(2)
- ..~ ..“._ ,.. .,.. . -._._ _-. - .,,-.__ .^ . _. . . . __ ..-. . . . . .._ - -.. . .,_ ._ _ .
and covenants herein contai
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ned , Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of $4116.00 ,
plus any future increases of cost in excess of,this sum resulting from
increased engineering and construction costs, and in the event Property
Owner, his successors, heirs, assigns, or transferees fa i 1 to insta 11
and construct said improvements in the manner and within the time speci-
fied 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- .p
wise. Ci ty or its contractor and h‘is employees may enter upon any
portion or portions of the property reasonably necessary for said
engineering and’construction, and the entire cost and expense shal 1 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 lien 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 insta’ll and construct s,a.i;d improve-
merits, and foreclose said lien in said amount.
(c) Pursue any remedy, legal or equitable (includFng 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.
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
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 here-
inafter described is acquired by or as a result of a foreclosure or
(3)
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.,, , I. . i -” I s-.
- .“, ._ ,
,
” trustees’
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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, 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 t.he 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 hhich said
deposit or posting applies,. from the provisions of this agreement, and
+ &O 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 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 &ner, 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 li.abilities of or to any person or property injured or claim-
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 empl’oyees thereof from
‘all liability or claim because of, or arisi,ng out of, the use of any .
patent or patented article in the construction of said improvements.
Section 7. It is further agreed that said Property Owner will
at all times up to the completion and acceptance of said work and im-
provements 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 inspection of improvements
as may be required by the City Engineer of City.
Sect ion 8. This agreement and the covenants contained herein
. shall be bindinq upon and inure to the beneFit of the successors, heirs, a. (4) . , - . . ,* h “..‘m ‘I I‘ , ) ~. -.-- .“....CU.--~ ..,..C..,....... . ..-I -,.-. . . : ‘.
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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.
Sect ion 9. A description of the property referred to herein
and upon which said lien is imposed is described as’follows:
PARCEL TWO (2) of Parcel Map No. 10262, filed in the Office of
the County Recorder of San Diego County on July 23, 1980 as Instrument No. 80-230805, being a portion of Tract 242 of Thum
Lands, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 1681, filed in the
Office of the County Recorder of said San Diego County,
DecemberP, 1915.
(5)
. .-
L “4 . Section 10. '- 2 required improvements t, be constructed and ,. ,+
t'ne'estimated costs thereof are as follows:
Improvements *. -
Site Preparation
Curb & Gutter
8' Sidewalk
Sub-Base
A-C Pavement
Engineering & Contingenci'es.
Dated: October 15, .1980
. ,
Estimated Costs
$ 231.00
659.00
965.00
948.00
776.00
537.00
TOTAL COST $4,116.00
BROOKS A. FXlRTHING- Preside
Property- ner
CITY OF CABLSBAD, a Municipal
Corporation of the State of
California
By&b--&U
FRANK D. ALESHIRE, City mnager STATE OF CALIFORNIA ) ) ss,
COUNTY OF SAN DIEGO ) .
On Oeto&r d@. l9PO before me the unders&&ed. a
Notary Public in and for said State , peisonally 'appedred Frank-D. Aleshire,
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. 4&G*- -
(Notarial. acknowledgement of execution of owners mgst bc attached),
-G-
STATE OF CALIFORNIA
COUNTY OF a DIE(x) 1
SS.
On-w, before me, tbe undersigned,
a Notary Public in and for said County and State, personally
appeared Rm A, WnR’pwTNc , known to me to
be the --.-President, & ,-
the corporation that executed the within instrument and known to’me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of
the partnership that executed the within instrument, and acknowl;dged to me that such corporation executed the same as such partner and that such partnership executed the same.
8 SAFECO
FOR NOTARY SEAL OR STAMP