HomeMy WebLinkAboutBP 77-242; Emken, Michael and Judy Ann; 77-246938; Future Improvement Agreement/Release-I 1 . .-
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1 City of Carlsbad 1 ’ 1200 Elm Avenue Carlsbad, CA 32008 1 \ .I
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-N.ileAGE NO 77-246938 -’
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City of Carlsbad
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Parcel No. 215-31 O-07
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the ?ity of Carlsbad, a municipal
corpora t ion, hereinafter referred to as “City”, and Michael R. .E‘mken and
Judy Ann Emken, husband and wife, and , hereinafter referred to as “Proper- David R. Siesser and Ruth E. Siesser, husband and wife,
t y ,Owne rrr .
RECITALS:
. . WHEREAS, Property Owner has applied to City for a
Building Permit NO. 77-242
for the real property hereinafter described, now under Property Owner’
ownership; and . -
WHEREAS, it has ‘been found thht said property is not suitabl
for development in its present condition, however, said property would
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be
suitable for development if certain public improvements hereinafter
described are constructed and certain irrevocable offers of dedication b
a’re 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
WBEBEAS, 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
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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
construct ion;
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 Building Permit No. 77-242
Sect ion -2. That Prope,rty owner, in lieu of making the herein- ‘. :, I:,
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 June 15, 1978 qr within such further period
of time as is granted by City, providkd, however, that upon the happening
of either of the fol‘lowing occurrences .said improvements may,, at the sole ,
‘election of City, be required to be made s’oone’r than said date or such
extended period o? time which may have been granted by City:
(a) 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 on both sides .of the street upon which the property herein
described has frontage, have agreed with City to install street improve-
. ments to C-i ty specificat ions*.
lb) .When owners of more than 50% of the frontage, between
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inteisecting streets on both sides of the street upon which the property
herein described has frontage, have pet it ioned 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 constru,ction of .
said improvements at the time of signing this contract is $515.00 . ,:q
Property Owner hereby acknowledges that said cost.i’s a reasonable : ’ ‘7
estimate of cngineerihg and construction costs at this time,and that the L’
actual cost of same at some time in the future may exceed this estimate.
Section 3. That for the faIthfu1 performance of ihe prornlses
(2)
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and covenants herein contained, Property Owner hereby grants to City a i .: .
1i’en upon the hereinafter described property in the amount of $515.90’, e!
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, helrs, assigns, or transferees fail to install
and construct said improvements’ in the manne.r and within the time speci- 4
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- I 0 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 the event same is not paid within 30 days from
completion, ‘C’ity may foreclbs,e said lien as provided by law for the _ _
forec 1 osu re of mortgages.
. (b) Direct the City Engineer’ to estimate the cost df necessary
i,+engineering, and the work required to install and construct said improve- ; * ‘
me’nt s , and foreclose said lien in said amount.
(c) Pursue ‘at-iy remedy, legal or equitable (including those . ..
specifically referred to here.in), for the foreclosure of a lien, and the
:i Property Owner, his successors’, heirs, assigns, and transferees, shall .
be liable for reasonable attorney’s fees as a cost in said,proceedings. .’
.Section 4. That i’t 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 ..i_
has been or may in the futur e 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 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- ’
inafter described Is acquired by or as a result of a fore?losure or ..I
(3)
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L trustees’ sale of any such purchase money mortgage or purchase money I
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deed of trust. .
Section 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 s,aid improvements; the
amount of bond to be the estimated cost of engineering and imprbvements
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. 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
emp.1 oyee thereof, 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 employee 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 Prope.rty 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 i ties of or to any person or property injured or claim-
ing to be injured as a result’of said work or improvementsi Said Pro-
perty Owner, and his successbrs, heirs, assigns, and transferees, further
agrees to protect said City and the officers and employees thereof from
a?1 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 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 pub1 ic property. The
Property Owner hereby agrees to pay for such inspection, of improvements
as MY be required by the City Engineer of City.
Sect ion 8. This agreement and the covenants contalned herein .
shall be btndlnq upon and inure to the benefit of the successors, hefrs, (‘4
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. assigns, and transferees of Property Owner, s’hall run with said real 8:
property, and create an equitable servitude upon said real property. L i
Sect ion 9. A deskription of the property referred to herein
and upon which said lien is imposed is desiribed as follows:
L0.t. 260 of.La Costa Meadows Unit No. 2, in the County of San
Diego, State of California, accprding to Map thereof No. 6905, filed in
the Off-ice of the County Recoder of San Diego County, April 21, 1971.
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. Section 10. The required improvements to be constructed and
the.estimated costs thereof are as follows:
, Improvements Estimated Cdsts‘ i
1. 415 s.f. - 4" PCC sidewalk $ 415.00 .
2' Lump,sum grading 100.00
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Dated:
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TOTAL CQST $ 515.00
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
:/ Uk,‘&: y&&Q&&7*, I I Prop&rty Owner
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CITY OF CARLSBAD, a Municipal
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on R1e. z/, 1977 before me the undersigned, a Notary Public in and for said State, p eisonally 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 exectited 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 FORM:
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-4 ECZI -E-l OFFICIAL SEAL
NORA K. GARDINER
NOTAR’ PUBLIC- CALIF. i
PRINCIPAL OFFICE IN \ ’
SAN DIEGO COUNTY
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SION EXPIRES JAN. 2% 1980 -*-Ye
(Notarial acknowledgement of execution of owners must be attached).
. known to me
to he the person% whose name~subscribed td the
within instrument and acknowledged tha tmdexecuted the
TO ,944 CA (8.74,
(Individual)
8 SAFECO
FOR NOTARY SEAL OR STAMP
’ OFFICIAL SEAL
PAUL T. GOEDINGHAOS
NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFiCE IN LOS ANGELES COUNTY I
My Commission Expires November II,1979 1
before me, the undersigned, a Notary Public in and for said
, known to me
subscribed
to the within instrument and acknowledged thab
executed the same.
WITNESS my hand and official seal. -
,.- I 7luLdzJ Wq& L 1, Signature ‘c/
IiLWTi-IA F. PEPFUR
NOTWY PUBLIC - CALIFORNIA
‘All DiEGO CWNTY
I (This area for official notarial seal)
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