HomeMy WebLinkAboutMS 663; Wickham, Lin and Mennen; 84-446244; Future Improvement Agreement/Release. -
. . ‘m 2097 -
* RECORDING REQUESTED BY
84kq46244 !-f c I. , L’ pi I.) E I] ! “4 (jFI’iC./;t f;f.3y>c. / . 3 SAh ifi&) $I$ !‘$fi, i
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
Space above this line for Recorder’s
use.
Documentary transfer tax: $No Fee
Signat&e of declarant determining tax-
firm name
City of Carlsbad
-
Parcel No. 156-230-57
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation,
hereinafter referred to as “City”, and Wickham, Lin and Mennen, hereinafter
referred to as “Property Owner”.
RECITALS:
WHEREAS, Property Owner has applied to City for MS 663 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 conditions of approval (MS 663)
attached hereto and incorporated by reference herein require certain improvements
and dedications as a condition of approval of this MS 663; and
WHEREAS, Property Owner has requested said MS 663 be granted by City in
advance of the time said improvements are to be made; and
WHEREAS, Property Owner, in consideration of the approval of said MS 663
desires to enter into this agreement securing the construct ion of said
improvements, and City has determined it to be in the public interest to agree to
temporarily postpone said construction;
NO FEE
NOW, THEREFORE, IT IS AGREED between the parties hereto as follows:
2098
Section 1. That City Agrees to record any irrevocable offers of
dedication made by Property Owner for Cynthia Lane.
SectionL That Property Owner, in lieu of making the hereinafter
described improvements before approval of said MS 663 is granted, agrees to
install and construct, or cause to be installed or constructed, said
improvements in accordance with plans and specifications approved by the City
Engineer within sixty (60) days after written demand so to do by City. Property
Owner shall not be required to make said improvements before October 25, 1985 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 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 intersecting streets
on both sides of the street upon which the property herein described has
frontage, have agreed with City to install street improvements to City
specifications.
(b) When owners of more than 50% of the frontage, between intersecting
streets on both aides 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 THIRTEEN THOUSAND FOUR HUNDRED DOLLARS
($13,400.00). 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 and
covenants herein contained, Property Owner hereby grants to City a lien upon the
hereinafter described property in the amount of $13,400.00 plus any future
increases of cost in excess of this sum resulting from increased engineering and
construction costs, and in the event Property Owner, Property Owner ‘8
successors, heirs, assigns, or transferees fail to install and construct said
improvements in the manner and within the time specified herein, Property Owner
agrees that City may do any or all of the following:
2099
(a) Have the necessary engineering for said improvements done, and
install and construct said improvements by contract or otherwise. City or its
contractor and contractor’s 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, Property Owner’s successors, heirs, assigns, or transferees
immediately upon completion of said improvements. In the event same is not paid
within thirty (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 install and construct said improvements,
and foreclose said lien in said amount.
(cl Pursue any remedy, legal or equitable (including those
specifically referred to herein), for the foreclosure of a lien, and the
Property Owner, Property Owner’s successors, heirs, assigns, and transferees,
shall be liable for reasonable attorney’s fees as a cost in said proceedings.
Sect ion> 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 or purchase money deed of trust for value which has been or may in the
future be executed by the Property Owner, Property Owner’s 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 hereinafter described is acquired by or as a result of a
foreclosure or trustees’ 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, Property Owner’s 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
*
. . * I ’ ’ .
I ’ l
“-( 2100
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 property to be released from the lien herein imposed.
Section 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 Owner and Property Owner’s 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
claiming to be injured as a result of said work or improvements. Said Property
Owner, and Property Owner’s 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 will at all
times up to the completion and acceptance of said work and improvements 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.
Section 8. This agreement and the covenants contained herein shall be
binding upon and inure to the benefit of the successors, heirs, 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:
Parcel B of Parcel Map 479 recorded March 18, 1971 (File No. 52270 of
Official Records). .
Section 10. The required improvements to be constructed and the
estimated costs thereof are as follows:
* .
’ l * I
. ’ c-
‘nv 2101
,
Improvements
121 Ln.Ft. Curb & Gutter
lO.OO/ln. ft.
2420 sq.ft. A.C. Pave 6r Base
1.5o/sq. ft.
l/3 Fire Hydrant 2,030 ea.
l/3 Street Light 2,900 ea.
121 Ln.Ft. B* Sewer Main
25.00/ln. ft
121 Ln.Ft. 6” Water Line
18.70/ln. ft.
SUBTOTAL
Estimated Costs
S 1,210.00
3,630.OU
675.00
965.00
3,025.OO
$ 2,262.OO
% 13,400.00
+ 15% Engineering Contingency $ 2,OlO.OO
TOTAL COST $ 15.410.00
IN WITNESS WHEREOF, we have hereunto set our hands and seals this T.3 --
day of , 198$ l2gDw
Property Owner
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
By: -
F. D. ALESHIRE, City Manager
e STATE OF CALIFORNIA 1 . > as.
COUNTY OF SAN DIEGO 1 .
On the *@ day of ~-xf&% , # 198-V before me the
undersigned, a Notary Public in and for said State, personally appeared F. 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.
Vincent F.
City Attorney
Notary Public - California
f& bmnmslon Expwo Sepi II.1985
(Notarial acknowledgement of execution of owners must be attached.)
Individual AcKnowledgment
STATE OF CALIFORNIA
COUNTY OF C.?,n n:yn SS. L 2102
On thisaz_rC? day of aa, in the year 19&, before me, the undersigned, a Notary Public in
and for said County and State, personally appeared cl@ E. WiCl&al-n and Julie Ma Mm=
& Hshing Lung Lin andChengMeiLin
personally known to me (or proved to me on the basis of satisfactory evidence) to be the perso%
whose name s =C subscribed to this instrument and acknowledged that *- executed it.
NotarY Seal
WITNESS my hand and official seal.
Notary Public in and for said County and State