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HomeMy WebLinkAboutBP 77-29; Fitzpatrick, Robert; 77-212680; Future Improvement Agreement/Release,.,* . ..I ‘;{f:ti’:D 1 i;;.; j<f.(jUi5i’ED [; :;- /:a ) ‘77-212680 Y: Ii i I’ it E C 0 R D C 0 IL’+ i L T Cl : > "- 6'71 city of Car-lstx~d 1 %Or; E 1111 Avenue i * C a I- 1 E- b a d , CA ~2008 . ;. -.---- --__---___. -- FILE/PAGE MC , --...,. K90K 1977 RECORDEDREOUEST of- -@U3ESSEE JUN 1 11 08 fib! “i’i UFFlClA!.RECOR?S SAN !1lEGUI:DUNI~,i4LiF. ._1_-------. .__--._- ______ Space above 1 his &.&Q&?!&&JJ#IUM- 1 i ne for Reco~&:~~$~gi; use , .!Y-2czz2~~~-~~~~~~~:::~ . NO FEE S~CJI-,attire of- declarant deter-mining tax- f i rm name City of Carlsbad Pa reel No. 2oF!80-26~~----~~~ e---_-Y --_---_l_-__l_ -_- ..-_- .___- ---.--__.__----- . CONTRACT FOR FUTURE PUE3LlC iMPROVEMENTS _-__ - _ _-.I__ THIS AGREEMENT is made by the c’i ty of Carl sbad, a municipal corpoiation, hereinafter referred to as “City”, and Robert Warren Fitzpatrick , hereinafter referred to as “Proper- ty Owner” . I? EC I TA L S : .- . WHEREAS, Property Owner has applied to City for a Bllilding Per,z-kit X0. 77-29 foi- the rea 1 property herei nafter described, now under Pr-opet-ty Owner’ 5 ownership; and I .’ 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 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 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 said improvements are to be mad&; and WHEREAS, Property Owner, in consideration of the approval of said Building Permit desires to enter into this agreement I:cc.!.:r i :g the csnst r::c;. i ^,z sf 5;: Id !mp rc““‘(::::c :: t r . .7 q a ::d r vity h& dc t e t-m i iictl it to he in the public interest to agree to tclnporarily postpone said const ruct i on; 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. 77-29 Sect ion -2. That Property Owner, in lieu of making the herein- ‘. ‘., \ ‘-,I after described improvements.before approval of said Building Permit is granted, agrees to.instBll and construct, or cause to be instalied 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 requi red to make said improvements before June 1, 1978 or wi.thin 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 j 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: (a) When fhe.City. Cquncil finds that the owners of 40% or more. of the frontage, including the frontage of Property Owner, between inter- setting 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 City specifications. .(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 d i strict 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 $5,310..oo . Property Owner hereby acknowledges that said cost.is a reasonable estimate of engincerillg and construction costs at this time and that the actual cost of same at some time in the future may exceed this estimate. Sect i on3. --------_..- That for the faithful performance of the prornlses ‘. 673 and covenants herein cont.ained*, Property Owner hereby grants to City a 1 ien upon the hereinafter described property in the amount of $5,310..00, plus any future increases of cost in excess of this sum resulting from increased engineering and Owner, his s.uccessors, he construction costs, and in the event t-5, assigns, or transferees fai 1 to and construct said improvements in the manner and within the t Property nstall me speci- 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 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 completion, ‘C’ity may foreclbse said lien as provided by law for the _ foreclosui~e of mortgages. (b) Direct the City Engineer to estimate the cost of necessary improve- merits, specif and foreclose said (c) Pursue atiy ically referred to lien in said amount. re’medy, legal or equitable herein), for the foreclosure eng i neer i ng, and the work required to install and construct said (including of a 1 ien, Property Owner, his successors, heirs, assigns, and transferees, hose ’ and the sha 1 1 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 contraky 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 !>een or may in the’ future 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 lien of any such purchase money mortgage or . . purchase mbney deed of trust. The lien hereby created shall likewise be of no force or effect against any owner whose tit Ic to the property here- tnaftcr described is acquired by or as a result of a foreclosure or (3) l . I I\, ‘- . 674 trustees’ sale of any such purchase money mortgage or purchase money c -I - u c 2 d ,x <I I 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 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 . I 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 1 iable. 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 liable for any persons or prpperty 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 lities 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 construction of said improvements. Sect ion 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 pub1 ic of any dangerous or defective conditions of pub1 ic property. The . Property Qwner hereby agrees to pay for such inspection,of improvemcr;ts as may be required by the City Engineer of City. Sect ion 8. This agreement and the covenants contained herein * . sha 11 kc I:,1 nd i nq rtpon and i nure to the bencfi t of the successors, he1 t-s, ( 11 ) I . .( *. . . i. 6% assiqns, and transferees of property, and create an equ Pfope rty Owner, shall run with‘said rea 1 itablc servitude upon said real property . Sect ion 9. A description of the property referred to’herein and upon which said lien is irnposed is desir ibed as fol lows: All. that portion of Lot 3 in Block “T” of Palisades No. 2, in the City of Carlsbad,' in the County of San Diego, State of California, according to map thereof No. 1803, filed in the Office of the County Recorder of San Diego County, August 25, 1924,.lying southwesterly of a line.which is parallel with and distant 50.00 feet northeasterly at '. right angles from the southeasterly prblongation of the northeasterly line of Lot 4 in Block "R" .of said Palisades No. 2. Except therefrom the southwesterly 70.00 feet of the above described parcel. The northeasterly line of said southwesterly 70.00 feet being parallel with and distant 70.00 feet at .right angles from the southwesterly line of said Lot 3. . xx . c (5) . xx . . -OI . . i. 676 . Section 10. -- The required improvements to he constructed and the, estimated costs thereof are as follows: Improvements Estimated Costs -- 1. Subgrade Preparation, 3081 sq.ft. 555 2. Cement Treated Base - 4" 2,349 sq.ft. $ 587 3.. 681 4: Asphalt Concrete Paving 2%" 2,349 sq.ft. Curb - 6" TyDe G 117 lin.ft. 527 5. Sidewalk,- 4;' PCC 635 sq.ft. 667 6. Curb Outlet 1 ea. 800 7. Gunite Ditch - 3" 26 lin.ft. 156 8. Metal Guard Railing 15 lin.ft. 270 9. Street Lighting (portion) l/3 ea. 367 10. Relocate Telephone Pole 1 ea. 700 TOTAL COST $ 5,310 Dated: A& 2sT/y~TI .Property Owner CITY OF CARLSBAD, a Municipal STATE OF CALIFORNIA ) CQUtiTY OF SAN DIEGO ) . . . . I . On b f e ore me the undersigned, a N,otary Public 3/f?/977, said Sfate, personally appeared Paul D. Bussey, known to me to be the ity 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. .' APPROVED AS TO FORM: City Attorney NORA K. GARDINER NOTARY PUBLIC - CALIF f PRINCIPAL OFFICE IN \ , SAN DIEGO COUNIY (Notarial acknowledgement of execution of owners must be attached). TO 447 c (Individual) STATE OF CALIFORNIA San Diego COUNTY OF t On May 25, 1977 -- before me, the undersigned, a Notary PubIic in and for said State, personally appeared w t: I Robert warren Fitzpatrick 0 TI z . known to me 2 to be the person ~ whose name is subscribed I.0 to the within instrument and acknowledged that nlllllllllllllllilll,,,,,,,,~~~~~~~~,,,,,,,~,,,,,,,~~,,,~,,~~,,,~~~~~~~,~,,,,,,,~,,,,,,~~,,,~,,,,,,,,,,,,~,,,,,,,,,~ 1 executed the same. g OFFICIAL SEAL e = = WITNESS my hand and official seal. = = E JOY R. GUSTAFSON i f = NOTARY PUELIC Cf,LlFORNlA ; = PR:NCl?AL OFFICE IN 2 SAN D:EG.3 COUNTY H i My Commission Expires Dec. 12, 1980 f x ,,,,,,,,,,,, I ,,,,,,,,,,,,,,,((,,,,,,,, I ,,,,,,,lllll.l.l.l *1111.*11.1111........ ***11.*.*1 . . ..I............... i= (This wea for oWlcial notarial seal)