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HomeMy WebLinkAboutBP 77-225; Gillingham, Robert & Bertha; 78-076551; Future Improvement Agreement/ReleaseFlLE/F!CENO 784K655A '80x i$a REGMOEZ ;?E;IUESTOF +&$$iiii em Q=mtK . *’ tjEp&-?I.?~; l?EfJ!UESTE:li T;y r\nc - ,309 PIpEp;, 122; cdRDE1~ MAIL TO" ; . City of Carlsbad 1.200 Elm Avenue 1 F~e.27 9 40 It! ‘+?!I Carlsbad, CA 92008 O;'--FIC;AL 'i.;(jRDS SAN DiG3 COUNTY,CALIF. HARLEYF. BLOOM RECORDFR --- ine for Recorder's Use Documentary transfer tax: $ No fee f&/p0 FEE --- --- Signature of declarant determining tax- firm name City of Carlsbad ' Parcel No. 206-011-19 CONTRACT FOK FUTURE PUBLIC IMPROVEMENTS - THIS AGREEMENT is made by the City of Carlshad, a municipal corporation, hereinafter referred to as "City", and ROBERT S. GILLINGHAM and BERTHA A. GILLIMGHAF?, husband and wife hereinafter referred to as "Property Owner". RECITALS: - WHEICEAS , Property Owner has applied to City for a Building Permit (Plan Check No. 77-225 ) 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, Chapter 18.40 requires certain 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 sai.d improvements are to be made; and WHERFAS" Property Owner, in consideration of the approval of 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 construction: . a 1 I 314) NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1. That City agrees to record any irrevocable offers of dedication made by Property Owner for said Building Permit (Plan Check Number 77-225 1. Section 2. That Property Owner, in lieu of making the hereinafter 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 specifications 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 March 1, 1979 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 inter- secting 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 inter- secting 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 improvementsat the time of signing this contract is $ 3,610.OO . 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 Section 3. time in the future may exceed this estimate. That for the faithful performance of the promises and covenants herein conta i ned, Property Owner hereby grants to City a 1 i’en upon the hereinafter described properiy in the amount of $-3~610.00 , plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, and in the event Property Owner, his s,uccessors, heirs, assigns, or transferees fail to install and construct said inprovements in the manner and within the time speci- i fied 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 poitions of the property reasonably necessary for said engineering and construction, and the entire cost and expense shal 1x 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 s’aid lien as provided by law for the completion, ‘C’ity may foreclbse foreclosure of mortgages. (b) Direct the City engineer iw, and the work requ ment s , and foreclose said lien Engineer to estimate the cost of necessary ired to install and construct said improve- 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 the contrary notwithstanding, the promises and covenants made herein shall not be binding upon the holders, mortgagees, or beneficiaries of any purchase. money mortgage orpurchasemoney deed of trust for value which has bken or may i n the futu t-c be executed by the Property Owner, his successors, heirs, assigns., or transferees, and the lien hereby created shall be and is hereby subordinated to and declared to b& inferior and subsequent in 1 ien to the 1 ien of any such purc;hase money mortgage or purchase money deed of trust. The lien hereby created shall likewise bc of no force or effect against any owner whose tit lc to the property here- itlifter described is acquired by or as a result of a Foreclosure or . (3) 1 . . . I . 3T.g 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 succe‘ssors, heirs, .assigns, or transferees may deposit a cash bond or post a surety performance bond satisfactory to the C’ity to charge sa,id 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 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 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 therepf, 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 emp?oyee thereof, be 1 iable 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 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 1 iabi 1 ities of or to any person or property injured or claim- he I- ing to be injured as a result of said work or improvements. Said Pro- perty Owner, and his successors, heirs, assigns, and transferees, furt agrees to protect said City and the officers and employees thereof frc all liability or claim because of, OI- arising out of, the use of any patent or.patented article in the construction of said improvements. m Section 7. it is further agreed that said Property Owner wi 11 at all times up to the completion and acceptance of said work and im- provements by the City, give good and adequate warning to the traveling public of any dangerous or defective conditions of public property. The .I Property Owner hereby agrees to pay for such inspection of improvements as may be required by the City Engineer of City. Sect ion 8. This agreement and the covenants contatned herein sha 1 1 bc b I nrl i nq ttpon ;~rtcf i nurc to ttic hcnefi t of the srrccessors , he1 t-s , ( II ) I l ’ c . . . . 313 .I .” . , assigns, and transferees of Property Owner, shall run w itl! said rea 1 property, and create an equitable servitude upon said real property. _Section 9. A descrlption of the property referred to herein and upon which said lien is imposed is desdribed as. follows: Lot' 19 in Block "W" of Palisades in the County of,San Diego, State of California, accordihg to Flap thereof MO. 1747, filed in the office of the ‘Cohnty !?ecorder of San Di ego County, February 5, 1923. xx . . xx xx xx . xx xx xx c . xx XX xx . ,,’ ; I . . * ‘XX . xx xx Section 10. The required improvements to be constructed and the-estimated costs thereof are as follows: 1. 2. 43: 5. 6. '7. Improvements Estimated Costs A.C. Pavement & Base 2440 s.f. . $ l&330.00 6" Conch-ete Curb & Gutter 45 1.f. 225.00 4" P.C.C. Sidewalk 225 s.f. 235.00 A.C. Berm Trans. 1'00 1.f. 250.00 Portion StreetLight 100.00 Grade & Site Preparation' Lump Sum Lump Sum 500.00 Engineering & Contingencies (15%) 479.00 Dated: &k.zz ,7Y . __ . STATE OF CALIFORNIA ) TOTAL COST $ 3,610.OO CITY OF CARLSBAD, a Municipal ~aycirat;; y the State of BY&dJ/--A Paul D. Bussey; City Manager ) ss. COUNTY OF SAN DIEGO ) On /a!- j: /srtf before me the undersigned, a Notary Public in andj'for said State, peksonally 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 Carlshad, California, executed the. same. -., WITNESS my hand and official seal. ' . Notary Pub= APPROVED AS TO FORM: . (Notarial acknowledgement of execution of! owners must be attached). -G- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CARLSBAD 1 3It5 On February 23, 1978 before me, the undersigned, the City Clerk of the City of Carlsbad, a city within the said County and State, personally appeared PAUL D. BUSSEY known to me to be the person whose name is subscribed to the within instrument and executed the same. Signature MARGA;ET E. ADAMS 1 a City Clerk of the City of Carlsbad (Individual) before me, the undersigned, a Notary Public in and for said EC 84 to hr the person 6 whose name &J L24Y-t subscribed 3 k 10 IIW within instrument and acknowledged that-y/& B executed the same. 4 x 3 WITNESS my hand and official seal. : 2 Name (Typed or Printed) Asg, OFFK4AL SEAL I NolAQY lwsttc ‘:A:, Im(ib;; -Bv PI)INc,Ik’4L &=f b;.t iN SAN btao ctwtm My Commi53ion Ex0ir8s Nov. 29.1990 (This arem for amcial notarial seal)