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HomeMy WebLinkAboutMS 532; Harkins, William & Mary; 83-400468; Future Improvement Agreement/Release\ Re@Wded Request Of \. .\ aID?$LITY l?A%I~~Ab Tm .Jb I . 832400468 *v RECORDING REQUESTED BY’nl\lD > *c 1842 -> -. WHEN RECORDED MAIL TO: ; City of Carlsbad 1 m;l 1200 Elm Avenue Carlsbad, CA g2008 i 1983NOV 4AM8:OO ; vEt?&t%LYLE > L c4MLtB Space above this line for Record:r’s J use Documentary transfer tax: $No fee ma FEE f i rm name City of Carlsbad Parcel No. aL75-bGa7-37 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corpora t ion, hereinafter referred to as “City”, and LD/LL/A/YI ce HAAJc/h/s h&r AT, /?Unk/tv~ , hereinafter referred to as “Proper- ty Owner”. RECITALS: WHEREAS, Property Owner has appl ied to City for a Ml/Z/D.& sUk?dJY/.SJad *r-i2 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 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 3~c;~/bn/ &z~,J~~~o attached hereto and incorporated by reference herein require certain improvements and dedications as a condition of app Avid SdA/v/&./v h. ,a& and WHEREAS, Property Owner has requested sa M/P/o/e sv8 dlV/S~O/ 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- 1843 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 &.#/)v&R SLl Bd/J/JlOd afB. s3a Sect ion 2. That Property Owner, in 1 ieu of mak after described improvements before approval of said ing the here in- 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 shal 1 not be required to make said improvements before 7 -3-H 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 tije 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 4OL, 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 described has frontage, have agreed with City to insta 1 1 s t r e e t i .:i 7 herein ove- me’nts 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 pet it ioned the City to form an improvement district for the improvement of said streets. Said improvements shal 1 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 cost of same at some time in the future may exceed this estimate. Section 3. That for the faithful performance of the promises (2) and covenants herein contained, Prop‘erty Owner hereby grants to City a lien upon the hereinafter described property in the amount of t plus any future increases of cost in excess of this sum resulting frown 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 all 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 i ts contractor and his employees may enter upon any portion or port ons of the property reasonably necessary for said engineering and construction, and the entire cost and expense shal 1 be cha rged aga i nst 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 require d to install and construct said improve- inents, 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 shall not be binding upon the holders, mortgagees, or beneficiaries of any purchase Imoney mortgage orpurchasemoney deed of trust for value :h!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 inferi or 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) . ‘. , . . ta ‘.* 1845 - 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. Sect ion 6. Said City shall not, nor shal 1 any officer or employee thereof, be liable or responsible for any accident, loss or da:qage 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 iabi 1 ities 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. Section 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 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 bindina upon and inure to the benefit of the successors, heirs, (4) . L- ’ ,I>. . 8~ 1846 assigns, and transferees of Property Owne’r, 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: PARLEL / aJ= pAALEC AVAP /2x794 kEc*RbrA SELF fa/ 1983 (5) , 1847 - t. ‘, -6 ‘ Section 10. e required improvementstb. be constructed and the estimated costs thereof are as follows: Improvements f &L&A f I LI 3-7~k 23 *&/LF x /s/-,5 4F -S&lCWALK I - 72ih Ic737..L+--$ A. c , p14vr/arrK I tdAf-5~ L!ii7/3P le. isL5- S-E pp,!mD.vD+ _rTREJr7 Lfhf-l- Estimated Costs $ /3od*Bo / 3 as.tGGz 2 a72,sB 2&87- 047 Dated: /fi .- ;L --/?? TOTAL COST $ fcsmiL7~ / \ [~y$J&-- f x!LdLw i2. /+ J-. cl/ttL4 5% &:?&$gz&>J / Property Owner CITY OF CARISBAD, a Municipal Corporation of the State of California STATE OF CALIFORNIA COUNTY OF SAN D EGO A FRQK D. XLSHTRF:, Ci.ty Manager On before me the undersigned, a Notary Public in and for said State, peisonally appeared Frank I). 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 Car&bad, California, executed the same. WITNESS my hand and official seal. Notary Public _--- - APPXOVED AS TO FORM: fJpmmD AS TO FORM: 1, JR., CityAttornev GFent F. Biondo, Jr. City Attorney (Notarial acknowledgement of execution of owners must be nttac1led). , -6- . - Stateof Califnrnia county of San Diego 848 On this theJ.&& day of llrtnhpr 19x, before me, SS. Marie L. Modglin t the undersigned Notary Public, personally appeared William C. Harkins and Mary E. Harkins 0 personally known to me MAR/E L, b/jgDGLIbi $ NOTARY ~~~L\c..c~~.L!:-URNIA 9 p;;ir;:ipp1. ~,FiCX IN ,gr’:i rgJy;<; .::?3Ur.?Y 4 -2 %% proved t0 me on the basis of satisfactory evidence Expire,; D;<a:rj:3[ 14, 1984 z &!i;;!;iy:!:. ‘I:, :_ _ ;:!i,i!;:l:.i,.R..:.~.. .I>... -b .-. ” ., , T:‘,l>, ? ,.,, li,..-.j.ll~“‘.‘~ l,[:,:: ,,:,, Illilbl,ii. ,*.a I ,,~,.‘.‘;-‘!‘i’“.~i~~~~~,i~~ to be the person(s) whose name(s) are within instrument, and acknowledged that they subscribed to the executed it. GEYER4L ACI\NOWLEDGYENT FORM 7110052 NATIONAL ‘NOTARY ASSOCIATION l 23012 Ventura Blvd. l Woodland Hills. CA 9136-(