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HomeMy WebLinkAboutBP 77-107; Mogensen, Duane and Joan; 77-137126; Future Improvement Agreement/ReleaseR [ I; 0 i3 !j I t ! r; f: Y .i ! !D i#/ t-i C N I-: f CJ !J I- t; 7 f: D ) I< t-C 0 i! 0 1.. ll I-V< I L -1 C : > City of Cnrl:,bod 1206 E lm kvcr~ue Ca t-l shod, Ck 92008 i,. _, !f.w!FKWl. rnRiE~aR5 s 1 ~~~I$~~-FwW, CALIF. -- - e-P.-____ ---zr_p-.. Space above this hY& -wm-.- .-.- .___ ___- 1 i~,C@&@torcJe I- ’ s USC? I Documentary- t rans’fer tax: $No fee NO FEE --..#Ezi L-.--.-__._-------___ ------ -___ * Signature of declarant det-ermininy tax: f i r-m nafne City of Carlsbad Pa reel IdO. -- 215-140-15 --___- - -.--.---- -__----- . CONTRACT FOR FUTURE PUBLIC Il4PROVEl4ENTS -__ .-_-- - THIS AGREEMENT is made by the c*ity of Carlsbad, a municipal corpora t i on, hereinafter referred to as “City”, and 'Duane Mogensen and -Joan Mogensen , hereinafter referred to. as “Proper- t y Owne t-l’ , RECITALS: * WHEREAS, Property Owner has appl icd to C ity for a Building Permit for the real property hereinafter described, now under Property Owner’s ownership; and . . ’ WHEREAS, it has ‘been found that said prope-rty is not suitable for development in its present condition, however said property would be suitable for deve.lopment if certain public improvements hereinafter described are constructed and certain irrevocable offers of dedication are made to City; and WHEREAS, the Municipal Code of-City, Chapter 18.40 requires certa'in improvements and dedications as a condition of approval of- this Building Permit; and WHEREAS, Property Owner has requested said Building Permit be granted by City in advance of the time- said improvements are to be made; and m WHEREAS, Property Owner, in consideration of the approval of . 0 .77-c? f - 790 . . said Building Permit des i t-es to enter i nto thi s agreement sccur i nq the construct ion of sa i$ improvements, and City has determined it to be in the pub1 ic interest to agree to t.emporarily postpone said construction; NOW, THEREFORE, IT IS AGREED between the parties hereto as ‘fol\ows: Section 1. ’ That City agrees to record any i rrevocableoffers of dedication made by Property Owner for Building Permit No. 77-107 1 - y.:, Sect ion ,2. That Property Owner, in 1 after described improvements.before approval of is granted, agrees to-install and construct, or ieu of making the hereir said Building Permit 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 requi red to make saI’i improvements before April’ 15, 1978 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 impr,ovements 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: . . (ti) 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 o;, both sides of the street upon which the property herei-n described has frontage, have agreed with City ‘to install street improve- ments to City specifications. \ (b) When owners of more than 50% of the frontage, between . inteisecting 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 cojt of’engineering and construction of . . . said imp?ovements at the time df signing this contract is $786.45 . Property Owner hereby acknowledges that said cost ,is a reasonable . estimate of cnginccring and construction costs at this time and that :he actual cost of same at some time in the future may exceed this estimate. Sect ion _2; L---,-_-- That for the faithful performance of the promises ( ? 1 791 . and covenants here i n conta i ned, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $786.45 , plus any future increases of cost in excess of this sum ‘resulting from increased engineering and constr~~ction costs, and in the event Prdperty OwnFr, his successors, heirs, assigns, or transferees fail to install and construct said improvements in the manner atid within the time sp’eci- fied herein, he agrees that City may do any or al 1 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 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 against 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 frlr 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- ’ ments, and foreclose said lien in said amount. (c) Pursue any remedy, legal or equitable (including those specifically refeired 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. ‘L . Section 4 L. 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 beneficiar’ies 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 Pr0petit.y Owner, his _ successors, ticirs, assigns;- or transferees, and the lien hereby created shall be and is hereby subordinated to and d’eclared, io be inferior and subsequent in lien to the 1 ien of any such purchase money mortgage or purchase money deed of t r.ust, The lien hereby created shall likewise be of no force or effect against any owner whose title to the property herc- inafter described is acquired by or as a result of a foreclosure or ( 3 ) 792 trustees’ saie of any such purchase money mortgage or purchase money deed of trust.’ . Sect ion 5. 1__-- 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 s,a.id 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 t.he City Engineer, an< 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 prbvisions of this agreement, and ‘t 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 emp 1 oyee thereof , be liable. OI- responsible for any accident, loss or damage happending or occurring to the work or improvements speci f i ed i n 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 prpperty injured by reason of said work or improvements, : but all of said liabilities shall be assuyed 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 liabilities 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 construct ion of said improvements. Section 7. It is fslrther agrced.that said Property Owner will at all times up to the completion and acceptance of said work and im- .w- .provements by the City, give good and adequate warning to the traveling pub1 ic of any dangerous or defective conditions of pub1 ic property; The Property Qwner hereby agrees to pay for such i nspect ion of improvements as may be required by the City Engineer of City. Sect ion 8. This agreement and the covenants contained herein slin 1 1 hr! I, i nd i nq r1p0n n n(i in\~i-c! tc:, i’I\c? hrncfi t- tif thr! s~Ic,ccIssorf,, tic1 i-5, 1 Ii ! \ . . . - ,- , 793 ass igns, and transferees of Property Owner, shall run witI? said real property, and create an equitable servitude u.pon 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: Lot,132 of LA COSTA VALLEY UNIT NO. 1, according to Map thereof No. 5434, filed in the Office of the County Recorder of San Diego County, July 29, 1964. xx xx ? xx xx . . xx . xx c xx c . xx xx c Section 1-O . The required improvements to be constructed and the,estimated costs thereof are as follows: . Improvements Estimated Costs 1. 749 s.f. of 4" PCC sidewalk @ $1.05/s.f. $ 786.45 2. . 3. , 4. 5. 6: Dated: t/.&7 7 . . STATE OF CALIFORNIA COUNTY OF'SAN DIEGO 1 p .., On ~&$S?&!!?$p~;sonally appeared Paul D. B;szey before me the undersigned Notary Public i . known to me to be the City Manager A5 the City of Carlsbad, a Municipal' Coqoration 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: ._ : APPROVED AS TO FOFW: r--(./E-r FICIAL SEAL L t iORA K. GARDINER NOTARY PUBLIC-CALIF. DRINCIPAL OFFICE IN I I’ - SAN DIEGO COUNTY ( MY COMMISSION EXPIRES JAN. 2% 1980 C#-f-422-2&2fl--c (Notarial acknowledgement of execution of owners must be attached). I_ ‘.. , i . . . -I;- c TO 447 c* (4.75) (Individual ) 735 TITLE WSURANCE AND TRUST STATE OF CALIFORNIA SAA/ COUNTY OF DttZgC9 AI-ICON COMPANY On 6’ b/w o I= BPkiL 1477 _ before me, the undersigned, a Notary Public in and for said State, personally appeared A/VP4 E. A4O&eA/sc!d ,wd Jshw x , A.fotWhJSed 1 , known to me to be the person S whose name S subscribed to the within instrument and acknowledged that i‘&e;l executed the same. WITNESS my hand and official seal. Ir/ I(Le;ki&clirr i dr * . Name (Typed or Printed) I’RINCIPAL OFFICE IN SAN DIEGO COUNTY MY Commission Expires Feb. 24, 1979 (This ana tar olllcid notuial lad)