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Home My WebLink AboutMS 532; Harkins, William & Mary; 83-400466; Future Improvement Agreement/ReleaseRecorded Request Of . . z!.. . ~~JXiLXJTY NATIQNALS?~T~ RECORD ING REQUESTED BY AND ,’ .j’ 1833 WHEN RECORDED MAIL TO: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 83”400466 1983NOV 4 AM8:00 i VERACLYLE L CQUHTX RLCORDEK Space above this line for RecdTder’s J use Documentary transfer No feewFEE Signatu?e of deflaran~determining tax- firm name City of Carlsbad Parcel No. 205-&720-3s +39 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and wJLLo?f/*I C- f$f##&f,If/S hARY E- l555fAk/N5 , hereinafter referred to as “Proper- ty Owner”. RECITALS: WHEREAS, Property Owner has applied to City for a /M//L/DR 3udArwsmx/ * 2732 for the real property hereinafter described, now under Property Owner’s ownership; and WHEREAS, it has been found that said property is not suitable for development in its present cond i t ion, however said property wou suitable for development if certain pub1 ic improvements hereinafter described are constructed and certain irrevocable offers of dedicat Id be ion are imade to City; and WHEREAS, the Municipal Code of City and JZcTfo/t/ Z~,~~O~~D . attached hereto and incorporated by reference herein require ce,rta:i,n ” :,i improvements and dedications as a condition of appr A?d//t&R 3lAd f WSlbn/ ic s-3 a ; and WHEREAS, Property Owner has requested sai Mr/v&k srre D IVl3lPJ be granted by City in advance of the t ime said improvements are to be made; and WHEREAS, Property Owner, in consideration of the approval of (1) t dc 1834 - said 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 construct ion; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1. That City agrees to record any irrevocable offers of dedication made by Property Owner for NJ/&.& _f~‘.& A/VJSlott/ NL9.53.2 Sect ion 2. That Property Owner, in lieu of making the herein- after described improvements before approval of said 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 said improvements before 7-B-Pf or within 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 ttle 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 i;-llpi-ove- ments to City specif’ications. (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 . Property Owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction costs at this time and that the actual c.ost of same at some time in the future may exceed this estimate. Section 3. That for the faithful performance of the promises (2) ,\ . . b’ 1835 in conta i ned, Property Owner hereby grants to C 1 ien upon the hereinafter described property in the amount of and covenants here 7 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 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 engineering for said improvements ity a done, and install and construct said improvements by contract or other- wise. 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 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 forec,losure of mortgages. (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- lnents, 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. Sect ion 4. That it is agreed that anything herein contained to the contrary notwithstanding, the promises and covenants made herein shal 1 not be binding upon the holders, mortgagees, or beneficiaries of any purchase money mortgage or purchase money deed of trust for value l.n/hich 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 31 . ‘.P- 18,36 trustees’ 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 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. Section 6. Said City shall not, nor shal 1 any officer or employee thereof, be liable or responsible for any accident, loss or darriage 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 1 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 1 iabilities 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 employees 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 ion 7. It is further agreed that said Property Owner wi 11 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 public of any dangerous or defective conditions of public property. The Property Owner hereby agrees to pay for such inspect ion of improvements as may be required by the City Engineer of City. Sect ion 8. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, (4) _‘, . , .” . . ’ 1.l)’ - 1837 - 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: PA,eLEL ZA AAd 3 Qb’ PARLEL Al0-Q J&749 AkcQRdEA ~TWL )c /a/ 492Z3 , , ’ ‘,W’ . 1838 - r, * . Section 10. 2 required improvements t be constructed and . t 'the estimated costs thereof are as follows: Improvements Estimated Costs CUR& I=%& T7;FR P 5%44ddLF 3 -30L.F. 2irAELNAL~ R f- 75~-F. x -/so S-F. 261;(.cFD A? cc AwE4HE&7 iIifA.l-E %5diJ=. x 34942 3-A YSb,LP& TOTAL COST $ r3253.5a Dated: /'/? _ x 4 % - '&PT ,Y ,1- . Lc ./J/2 (7 3-g// _ i ,Lzew-- d-4 c t A--- c.-> 77 , L (.+#c&/ -g; $ii&??L~ / f Property Owner CITY OF CARLSBAD, a Municipal Corporation of the State of California BY.25bZMl~~ FRUK U. .XESHTRE, Ci.ty Wnager STATE OF CALIFORNIA > ) ss. COUNTY OF S -21, /%f3 before me the undersigned, ,a Notary Public in and for said State, pelsonally appeared .__-_ I- known to me to be the City Manager of the City of Carlsbad, a - Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporaf3on; "q::, ....‘: and acknowledged to me that such City of Carlsbad, California, executed ': Lt "z2 the same. WITNESS my hand and official seal, APPiiOVED AS TO FORM: Notary Public \ . Vincent F. Biondo, Jr. Cit;l Attorney (Notarial acknowledgement of execution of owners must bc attac1led). -6- s- m9 SAFECO TITLE INSURANCE f . G STATE OF CALIFORNIA San Diego SS. COUNTY OF On this the 26th day of October 19 8? before me the undersigned, a MYiam C. Public ‘n and for sqid County n State, Harklns at-d diary ???%f!)i?~d ---- XKWMM proved to me on the basis of satisfactory evidence to be the person S whose name%!%%ubscribed to the within instrument and acknowledged that they executed the same. FOR NOTARY SEAL OR STAMP 1 Q, ;;: <!.. Asic3 i&irr g&f!, y.6, .i ! it,;, :,’ ‘i’, I/’ : ,,jj.: :, ! :, ,/