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HomeMy WebLinkAboutBP 76-245; Arcidiacono, Frank and Jay; 77-122030; Future Improvement Agreement/Release. * ,R’EcO;:jING REQUESTED BY AND ) \IHEN RECORDED MA IL TO: 1 City’of Carlsbad 1 1200 Elm Avenue zoos ,’ ’ Carl sbad, CA 22008 ! FILLIPAOE z7-1*zo30 --- * *Cc&%~~ST OF j a .* OFFICIAL RECORDS 1 SAlJ OfEGO COUNT Ye CALIF. Space above this 1 ine fo NO FEE use , $No fee Signature of declarant determining tax- firm name City of Carlsbad . Parcel No. 207-083-05 . . CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the ?ity of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and .-Frank Arcidi acon and Jay Arci diacond , hereinafter referred to as “Proper- ty Owner”. RECITALS: 9 WHEREAS, Property Owner has applied to City for a Building Permit Nur&& 76-245 for the real property hereinafter described, now under Property Owner’s ownership; and .’ ’ WHEREAS, it has ‘been found that said property is not su-<table for deielopment in its present cond i tion; however said property woul d be suitable for development if certain pub1 ic improvements hereinafter described are constructed and certa in irrevocable offers of dedicati on are made to City; and . ._ .-- ._._.- - .-... :. . _._.. WHEREAS; the Municipal Code of City, Chapter 18.40 requires certain improvements and dedications as a condition of approval of this .- Building Permit; and WHEmAS, Property Owner has requested said Building Permit 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 . I 77-L ~-r 0 ! . L. 1 .- . . 2009 : . said Building Permit 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 const ruct ion; NOW, THEREFORE, IT IS AGREED between the parties hereto as _) I, . follows: . . Section 1. ’ That City agrees to record any irrevocable offers o,f dedication made by Property Owner for Building Permit No. 76-245 Sect ion-2. That Property Owner, in lieu of making the herein- ‘.-” after described improvements.before approval of said Building Permit 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 required to make said improvements before January, 1978 qr 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 o\f time which may have been granted by City: -m . . (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 s’treet improve- : I ments to City spec,ifications. r - (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 $3,900.00 . 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. Sect ion 3. That for the fatthful performance of’ the promises . Aa E . . - l , - . 20~0 and covenants herein contained, Property Owner hereby grants to City a li’en upon the hereinafter described property in the amount’of $3,900.00, plus any future increases of cost in excess of this sum resulting from increased engineering and construction cost.s, and in the event Property Owner, his s.uccessors, 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 constructSsaid improvements tjy contract or other- 2 ‘- 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 shall be charged aga’inst said property and payable by said Property Owner, his _’ successors, heirs, assigns, or transferees immediately upon completion of said improvements. In t’he event same is not paid within 30 days from completion, ‘C’ity may foreclbse 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 improve- . Iments, 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 “i the contrary .notwi thstanding, the promises and covenants made herein shall 1 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’futurr be executed by the Property Owner, his successors, heirs, assigns, or transferee’s, and the lien hereby created shall be and is hereby subordinated to and declared to be inferior and subsequent in lien to the 1 ien 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- ’ lnafter described is acquired by or as a result of a foreclosure or . ,: (3) . .’ z&l - 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 sa,id surety with the cost of said improvements; the amount of bond to be the estimated cost of engineering and improvements a-t 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 i agrees to release the property, or any port ion 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 shall any officer or employee thereof, be 1iable”or responsible for any accident, loss or : damage happen.ing 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 improveme-nts, but all of said liabilities shall be assumed by said Property Owner, and ’ . . his successors, heirs, assigns, and transferees, and they shall save the i .I 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 h.is 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 fllrther agreed that said Property Owner wi 11 ’ at all times up to the completion and acc,eptance of said work and im- . ; provements by the City, give good and adequate warning to the traveling pub1 ic of any dangerous or defecti,ve conditions of pub1 ic property., The I Property owner hereby agrees to pay for such inspectio&of improvements a( as may be required by the City Enjineer of ‘City. t Sect ion 8. This agreement and the covenants con.tained herein + shn 11 bc bl nd I nq lipon and i nure to the hcnef f t of the successors, hci rs , ( ‘1 ) I‘ .b \ L - _- . . 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 desdribed as follows: Lot 41 bf Carlsbad Highlands Unit Number Two, Map Number 2825. . X . . . X . . . , .: x l . . . x’ - X : X X . X X : . . . _,, . * *, . ’ I i 2023 5 . Section 10. The required improvements to be constructed and the, estimated costs thereof are , Improvements 1, Curb and Gutter 2. Sidewalk 3. Paving * 1,2d3.00 . 4. Street Light , 5. Engineering, 10% C’ 6.’ as follows: Estimated Costs $ 450.00 750.00 1,100.00 Dated: /&I-.~~971 35O.OO a cl TOTAL COST $ 3,900.oo . CITY OF CARLSBAD, a Municipal r,:mg::_l; l STATE OF CALIFORNIA ) ) ss. CbUNTY dF SAN DIEGO ) . . On w 5. /977 before me the undersigned, a Notary Public in and for said/State, peisonally appeared Paul D. Bussey, 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. *-w _ : . APPROVED AS TO FORM: , . 4-&ZlCCC4-e OFFICIAL SEAL . NORA K. GARDINER NO~i~.i~ Q~u~LIC-CALIE \ ’ PtiIlSLlJirAL OFFICE IN ac+iL ~1tti0 COUNTY MISSION EXPIRES JAN. 2% 1980 I \ 2-c-c /e*deelfrc--- . (Notarial acknowledgement of execution of owners must be attached). 70 1944 CA (B-74, (Individual) STATE OF CALIFORNIA , 1 -^ 2024 TITLE INSURANCE AND TRUST vb/E8n f ss. COUNTY OF On 8, /9 77 before me,, the undersigned, a Notary Public in and for said State, personally appeare &Ypv ,AAO/p/H~n/o 3 -I , known to me to be the person whose nameAsub$be to the within instrument and acknowledged that F executed the same. WITNESS my hand and official seal. Signature TO ,944 CA (8.74, (Individual) STATE OF CALIFORNIA San Diego COUNTY OF E-.@--Zed. 4-I d OFFICIAL SEAL NORA K. GARDINER NOTARY PUBLIC - CALIF. PRINCIPAL OFFICE IN SAN MEG0 COUNTY t MY COMMISSION EXPIRES JAN. 29, 1990 ’ c-e -4 1 rczz-Icz-EJ--.. (This area for olXcia1 notarial seal) _.~~.... On March 29, 7977 before me, the undersigned, a Notary Public in and for said State, personally appeared Jay Arcidiacond ~, known to me to be the person whose name Asubscribed to the within instrument and acknowledged that She executed the same. WITNESS my hand and official seal. CITIC-CeEaZZZ@-- t ncFlr.lAL SEAL ! “I, .-.v-- NORA K. GARDINER NOTARY WBLIC-CALIF PRINCIPAL OFFICE IN \ v SAN DIEGO COUNTY IY COMMISSION EXPIRES JAN. *go 1g8a \ \ - ---- (This area for official notarial seal)