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HomeMy WebLinkAboutSDP 80-11A; Pea Soup Andersons Buellton; 83-270156; Future Improvement Agreement/Release8046/IJW85 fwp3 , * . ,I' .- ' , -/ - RECORDING~REQUESTED BY TlCORTiTLElMSURANCECOMPAiUY RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 ,.//J ;' 1;' ;' : _ .[: ,+ , 799 - 1983 AU G 4 AM 8:00 MODIF.ICATION OF CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS MODIFICATION is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and Pea Soup Andersen's-Buellton, a California corporation, hereinafter referred to as "Property Owner". RECITALS WHEREAS, City and Property Owner entered into a Contract for Future Public Improvements affecting the property described in Exhibit "A" (the "Property") hereto, dated December 23, 1982 recorded December 29, 1982 as Instrument No. ,82-397863 in the official records of San Diego County (the "Contract"); WHEREAS, certain provisions of section 4 of the Contract were made applicable to all of the property; and WHEREAS,- City and Property Owner now desire to have those provisions apply only to a portion of the Property and to make other related changes to the Contract NOW THEREFORE, IT IS AGREED between the parties hereto as follows: SECTION 1: Section 11 shall be added to the follows: Contract as "Section 11. Notwithstanding section 4 of this Agreement for a portion of the property described as parcels 1 and 2 of parcel map 11284 as recorded in the office of the county recorder May 11, 1981, it is agreed that the promises and covenants.made herein sh follows: follows: be binding upon the holders, mortgagees, or beneficiaries of any deed of trust for value which has been or may be executed by the Prop- erty Owner, his successors, heirs, assigns or transferees, and the lien hereby created and such promises and covenants shall be and are hereby unconditionally subordinated to and declared to be inferior and subsequent in lien to the lien of any such deed of trust. The lien hereby created and the promises and cove- nants hereunder shall likewise be of no force or effect against any owner whose title to said portion of the property is acquired by, or as a result of, or subsequent to a fore- closure of trustees' sale of any such mortgage or deed of trust except that no building permit or other entitlement of use for an addition to or expansion of the existing buildings will be approved for the property until the public improvements described in section 10 of this Agreement are constructed." SECTION 2: Section 12 shall be added to the Contract as "Section 12. No building permit or other entitlement of use for an expansion of or addition to the existing building will be approved for the property until the public improvements described in section 10 of this Agreement are constructed." SECTION 3: Section 13 shall be added to the Contract as "Section 13. Notwithstanding anything herein contained to the contrary during the time Pea Soup Andersen's-Buellton owns the Property, the public improvements shall be constructed as a condition of .and prior to the close of escrow for any sale or lease of all or any part of the property except a foreclosure or trustee's sale." SECTION 4: City agrees to do or cause to be done, executed, acknowledged or delivered any and all further acts, documents, instruments and assurances as may be required by a -2- , ’ L I . . * 801 . mortgagee or a title insurance company to confirm the subordina- tion described above. SECTION 5: Except as modified hereby, the Contract remains in full force and effect. DATE: z /qn tY I, PROPERTY OWNER: PEA SOUP ANDERSEN'S-BUELLTON, a California CITY: CITY OF CARLSBAD, a Corporation of the California By: yl,&&J& . Mary H. Gjjsler, Mayor APPAOVED AS TO FORM: City Attorney -3- - >. . . 1 . , -. * 802 STATE OF CALIFORNIA 1 ) ss. . COUNTY OF & &/AA 1 I before me, the under- personally appeared ally known to me bved ) to be the person who executed the within instrument as President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a resolution of its Board of Directors. WITNESS my hand and official seal. MARGARET LEVENSTEIN lYOtAm PUWC-CALICORNIA PWNCIPAL OFflCE IN . / _- LOS ANGELES COUNTY * L : I - ‘. ,. . . . + 803 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On k ," I?(' , before me the undersigned, a Notary Publi or said State, personally appeared Mary H. Casler, known to me to be the Mayor 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. I * . .* l ‘..‘. , ‘- . , . . d. 804 Parcels 1, 2 and 3 of Parcel Map No. 11284, in the City of Carlsbad, County of San Diego, State of California according to Map thereof, filed in the Office of the County Recorder of San Diego County, May 11, 1981, being a division of a portion of Lot H of Ranch0 Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego.. Exhibit "A"