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HomeMy WebLinkAboutBP 77-349; Mola, Frank; 77-324906; Future Improvement Agreement/Release: ,I* s . RECORDING REQUESTED L... AND ) WHEN RECORDED MAIL TO: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 FILE/PAGE tIO~-3~~6 I -I_.** ", * 9OOA 19P7 MCORDEOREWESTOF ADDRESSEr Aw 10 8 2s AH 'l'l - OFFlCiAl RfCOROS -1 SANaiEGOCOU1?7\',C~Llf, Space above this line for Recor %ep E se - NO FrEC ntary transfer tax: $ No fee Signature of declarant determining tax- firm name City of Carlsbad Parcel No. 215-370-16 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and FRANK J. MOLA, a married man, as his sole and separate property' hereinafter referred to as "Property Owner". RECITALS: WHEREAS, Property Owner has applied to City for a . Building Permit. (Plan Check No. 77-349 ) :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 said improvements are to be'made; and WHEREAS, 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: . _ ---- ~. -_ ., 10x3 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 77-349 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, 1 I" 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 August 15, i978 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- setting 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 City estimates improvementsat Property Owner of engineering improvements shall be made without cost or expense to City. . that the cost of engineering and construction of said the time of signing this contract is $4,403.00' . hereby acknowledges that said cost is a reasonable estimate and construction costs at this time and that the actual cost of same at some time in the future may exceed this Section 3. That forthe faithful performance estimate. of the promises (2) . .I .* . , f . 10'74 and covenants herein contained,, Property Owner hereby grants to City a . . li’en upon the hereinafter described property in the amount of $4,40X.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 improvements in the manner and within the time speci- w : f ied herein, he agrees that City may do any or all of the following: (a) Have the necessary engineering for said improvements 1 tn done, and install and construct said improvements by contract or other- wise. City or its contractor and his emp.l.oyees 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, ‘City may foreclose said. lien as provided by law for 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 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 cbvenants 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 been 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 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 foreclosure or .x (3) ‘- _ . < . . .- -. 10'7s I I . Lustees 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 performance bond satisfactory to the City to charge sa,id surety with the cost of s,aid improvements; the I amount of bond to be the estimated cost of engineering and improvements at the time of such deposit or postingnas 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 shal 1 any officer or employee 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 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, L 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 construction of said improvements. Sect ion 7. It is further agreed that said Property Owner will 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 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 contained herein shall ho binding rtpon and inure to the benefit of the successors, heirs, ( ‘1 > : i i ** . . assigns, and transferees Of property, and create an equ 1 Property Owner, shall run w3th said rea itable servitude upon said real property . Sect ion 9. A description of the property referred to herein and upon which said .lien is imposed is desc’ribed as follows: Lot 501 of*La C&ta Meadows Unit No. 3 County of San Diego, State of California, according to Map thereof No. 7076 filed in the Office of the County Recorder of San Diego County, October 6, 1971. . . . i’ . I. a . (5) 4 ; L ’ . ,_- rr _ < __ -. - -. A’ . ; 10’77 . . . . Section 10. The required improvements to be constructed and the. estimated costs thereof are as follows: , Improvements ' Estimated Costs 1545 S.F. of 4" PCC Sidewalk . $ 1,622.OO 3091 L.F. of 3' High Concrete Block Retaining Wall 2,781.OO . Dated: g 2.4 17 I rn TOTAL COST n $ 4,403.oo ' . CITY OF CARLSBAD, a Municipal c f ., STA+E 0F CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) . On before me the undersigned, a Notary Public in an appeared Paul D. Bussey, known to me to be t$!z 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 Carlsbad', California, executed the same. \ '. 1 WITNESS my hand and official seal. l : APPROVED AS TO FORM: l (Notarial acknowledgement of execution of owners must be attached). TO IS44 CA (0.74) (Individual) STATE OF CALIFORNIA State, personally appeared AllcpEDU-~ undersigned. a Notary Public in and for said I nwhose name executed the same. ’ WITNESS my hand and oficial seal. ’ NOTANY PURLIC . CALIFORNIA PRINCIPAL OFFICE IN