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Home My WebLink AboutBP 77-135; Stevens, H.G. and Maudi; 77-195149; Future Improvement Agreement/ReleaseI) .*-;ir:+C8irj I ti!; iti:Qlii-STt[) I:” A 119 ) !‘JIiCN I?L’LOi!DbD IUi I I- Tb, ! ii ty ‘of Carlsbad 231 9 1200 E Ini Avenue 1 * Ca I- 1 shad, CA p008 j ) - 77-19514s C”E/PMJO;&jj** ReCORoeb RIIoclesT OF ADDRESSEE two 8 29 SM’~j . 1. - > WICIAL ROCQRQS -~~~.I~~-~---.___---_-~--_-...--. .--I__- SAN QlftG!l CQUWl Y, CALIF, --..-----_--_.-.- . .._ -. -.-. spxc sbouc t h i 5 1 i ne i or ‘J s e f!%qg&~p%----- I . Docunictnta t-y. t rsn5‘fcr tax: $No f-cc -.- --_ ._ I- __I-- -.--..------ - -- --._.- -I---------- . - .__.. I__ Siynature of dcclarant dct-erminirly tax- firm name City of Carlsbad Parcel No. 215-460-26 ____---__- . CONTRACT FOR FUTURE PUBLIC If/i”f:OVE~4E~~JTS -------- ------ --- --------- THIS AGREEMENT is made by the C’ity of Carlsbad, a municipal corpoi:ation, hereing-fter referred to as “City”, and 13; G. Stevens and ,Maudi Stevens, husband and wife, as , hereinafter referred to. as “Proper- t-y Owne r” . joint tenants . ied to Ci RECITALS: -- . WHEREAS, Property Owner has appl ty for a Building Permit for the real property hereinafter described, now under Property Owner’s ownership; and . . WHEREAS 3 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 pub1 ic 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 oi this Building Permit; and . . I _ ’ - 2316 c said Building Permit secur i ng the construct it to be in the pub1 ic. const ruct i on; desires to enter into this agreement: ion of sni,d improvements, and City has detet-m interest to agi-ee to t’cmporari ly postpone sa . ncd d NOW, THEREFORE, IJ IS AGREED between the pai-ties hereto as ‘fol\ows: Section 1. ’ That City agrees to record any irrevocable offers of dedication made by Property Owner for Building Permit No. 77-135 Sect ion -2. - That Property Owner, in lieu of making the herein- .‘2, after described improvements *before approval of said Building Permit is granted, agrees ts’install and construct, or cause to be installed or constructed, said improvements in accordance with plans cations approved by the City Engineer within 60 days after demand so to do by city. Property Owner, shall not be requ and- specifi- written red to make sa’id improvements before June' 1, 1978 o.r 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? time which may have been granted by City: . (ei) When th e City Council finds that the owners of 40% or more . . of the frontage, including the frontage of Property Owner, between inter- secting streets oh 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 intersecting streets 0, 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. Siid improvements shall be made without cost or expense to City. City estimates that?he cost of’engineering and construction of . . . said imptiovements at the time df signing this contract is $3,778.33 . Property Owner hereby acknowledges that said cost ,is a reasonable . estimate of engineering and construction costs at this time and that i.he actual cost of same at some tlmc in the future may exceed this estimate. ionJ2- Sect That for the fa ithfu 1 performance of the promi scs ( ? ) 1 * II I. . 2317 - and covenants herein contained, Property Owner hereby grants to City a I, , P lien upon the hcrcinafter described property in the amount of ‘$3,778.x& plus any future increases of cost in excess of this sum “resulting from increased engineering and construction costs, and in the event Property OwnTt-, his successors, heirs, assigns, or transferees fail to install and construct sa id iqprovcmcnts in the manner arid within the time sp.cci- 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 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 shal 1 be . . charged against 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 camp 1 et ion, ‘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 eng i neer i ng, and the work required to install and construct said improve- ’ merits, 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 fo.r reasonable attorney’s fees,as a cost in ;sidzproceedings. 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, money mortgage or put-chase money deed of trust for value which . has been or may in the’futur- rj be executed- by the Pr0pert.y Owner, his successors, heirs, assignsy or transferees, and the lien hereby created shall be and is hereby subordinated to and d’eclared t!o be inferior and subsequent in 1 ien to the 1 ien of any such purchase money mortgage ot purchase money deed of t r.ust. The 1 ien hereb.!! created shall likewise be of no force or effect against any owner whose tit lc to the property here- inafter described is acquired by or as a result of a foreqlosure or 2318 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 p.crformance bond satisfactory to the’City to charge sa,id surety with the cost of s,aid 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, 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 prbvisions 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 1 iable’ 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 pet-sons or prqperty injut-ed 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 a’11 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, issigns, and transferees, further agrees to protect said City and the officers and .employees thereof from all 1 iabi lity or claim because of, or arising out of, the use of any pa tent or .patented article in the construction of s-aid improvements. Sect ion 7+ It is %rthet- agreed. that: said Property Owner wi 11 at all times up to the completion and acceptance of said work and im- .- -provernents 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 Owner hereby agrees to pay for such inspect ion of improvements . as may be required by the City Engineer of City. _Sect ion 8. This agreement and the covenants contained herein shn 1 1 hc! I-J i nd i nr( 1ipf3n s nd i nu f-c to thr. hcnr.fi t rif the 5tIcccssors, hel t-5, ( ‘1 ) . ., ’ . 2319 assigns, and property, and ransferccs of: Pt-of3.c rty Owner, shal 1 run with said real create an equitable seri/itude 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 Fol lows: . Lot.669 of La Costa Meadows' Unit No. 4, according to Map thereof No: 7367 filed in the Office of the County Recorder of San Diego County on July 19, 1972. I”: -..1 xx xx . xx xx “_’ c 1 xx, . . . :’ .+ . . . xx . xx c _. .’ xx xx (‘3 2320 1. 2. 3. 4. 5. Section 10. The required improvements to be constructed and the,estimated costs thereof are as follows: Improvements Estimated Costs Excavation - 352 c.y. @ $2.OO/c.y. $ 704.00 42' PCC sidewalk - 990 s.f. @ $l.,05/s:f. 1,039.50 Concrete ditch - 132 1.f. @ $6.OO/l.f. 792.00 Planting - 3000 s.f. @ $250.00/1000 s.f. 750.00 Engineering & contingencies (15%) .492.8? l Dated- * TOTAL COST $ $3,778.33 /1 n XPJb &u .*. ‘& k& Prdperty Owner CITY OF CARLSBAD, a Municipal I'imt;;;M;;ager ) STATE OF CALIFORNIA ) 1 ss. COUNTY OF SAN DIEGO ) On 19. / 977 before me the undersigned, a Kotary Public in anddfor ssid State, peisonally appeared Paul D. Bussey, known to me to be the City Hanager of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand and official seal. I -,.- . ’ TM- .I’ -- . '$incent F. Biondo, Jr. City Attorney . .cCe-FITarCew OFFICIAL SEAL NORA K. GARDINER NOTAW PUBLIC - CALM 3 PRINCIPAL OfFlCL Iti slviDK6ol?mmv vy CoMYIssK)II OoplFIlEd 1A#, 2% 1w , .- F .- z * - c . . 8'(:u'otarial acknowledgement of execution of owners must be attached). l -6- / f TO ,944 CA ,8.74) (Individual ) 2321 7ll&ElNvlJlJAN” STATE OF CALIFORNIA A TKOR COMPANY COUNTY OF SanDieqo On May 10, 1977 before me, the undersigned, a Notary Public in and for said State, personally appeared H.G.STEVENSANDMAUDISTEVENS , k! P : ~, known to md ; to be the person S whose nam&L subscribed ti to the within instrument and acknowledged that thev executed the same. WITNESS my hand and official seal. Signature l~..l,n111,111,,11,,~~“!’ -. ~IIIIUIII”II1IIIIlIIMllllYlllltlll OF~rClAL SEAL MARY LOiENi NOTARY PUB!. IC CALIFORNIA : g F’RIFXIPI’L OFFICE IN SAN DIEGO COUNTY $ My Commission Expires Nov. 2 1979 LuIIIIIIII1II~IIIII11111111111111(11111(,,~,~,,,,,~,,~,,,,,,,,,‘, ,111 :I,“,HH,,,” ,,,I (This area for official notarial seal) -