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HomeMy WebLinkAboutBP 77-386; Sullivan, Jerry and Valerie; 77-375872; Future Improvement Agreement/ReleaseI_~ :, 2238 - E?CT,tiDI;iG R&JESTED BY A,.J ) WH?ZN RECORDED MAIL TO: 1 \ .77-375872 FILE /PAGE r10. BOOK 19X RECORDEiIREQUESTOF City of Car&bad 1200 Elm Avenue Carlsbad, CA 92008 i ADDRESSEE I SFP 14 IO 59 MA '71 1 1 3F~ICkL RECORDS ~SAN DiEG3 COUtifY,CALIF. Space above this line for.Re NO FEE .DocumeEt_ary transfer tax: $ No fee . fx/ Signature of declarant determininq tax- firm name City of- Carlsbad s Parcel No; 215-350-24 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS . . 2.c THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and Jerry L. Sullivan and Valerie I. Sullivan, husband and wife, as joint, tenants, hereinafter referred to as "Property Owner". RECITALS: WHEREAS, Property Owner has applied to City for a ' Building Permit (Plan Check No. 77-386 ) ' for the real property hereinafter described, now under Property Owner's ownership; and WHEREAS, it has been found tha't said property is not suitable for development in its present condition; however said property would be suitable for development if certain public improvements hereinafte-r 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; 2239 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 77-386 1. . 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 specificati$ns 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 September 15, 1978 or within such further period of time as is 'granted by City, provided, however, that upon the happening of either of Section 2. That Property Owner, in lieu of making the hereinafter L 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 $ 1,157.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 . 2240 and covenants herein contained, Property Owner hereby grants to City a li’en upon the hereinafter described property in the amount of $ 1~T57.DD, 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 fai 1 to install snd’construct said improvements in the manner and within the time speci- _ fied herein, he agrees that City may do any or all of the following: (a) Have the necessary engineering for sai’d improvements . . . ;, done, and install and construct said improvements by cont%ct 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 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 foreclose said lien as provided by law for the foreclosure of mortgages. (b) Direct t-he City Engineer to estimate the cost of necessary eng i neer i ng, and the work required to ‘install and construct said improve- ment s , and ‘foreclose,said 1 ien 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 pu.rchasq. money mortgage or purchase money 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 (3) . -, - . . ZZ4J - trustees’ sale of any such purchase money mortgage or purchase money dee’d of trust. Sect ion 5. That at any time during the period herein provided, the Property Owner, his svccessors, 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 said improvements; the amount of bond to be the est.imated cost of engineering and improvements * m 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 bo6$ 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 ionk Said City shall not, nor shall any officer or employee thereof, be liable’ 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 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 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 bc bfndlnq lipon and inure to the benefit of the successors, heirs, (‘4 . 22242 assigns, and transferees of Property Owner, shall run with said. real property, and create an equitable servitude tipon said real property. Section 9.. A description of the property referred to herein and upon which said ‘lien is imposed is desdribed as follows: . Lo‘t.448 of La ,Co<ta Meadows Unit N-o. 3, according to Map thereof No. 7076, filed in thi Office. of the County Recorder of-San Diego County, October' 6,;1971. . xx . . .i. .,. -2.b xx xx . xx -- . . - ‘xx c xx 15) -. . *_ ,” x . 2243 Section 10. The required improvements to be constructed and the-estimated costs thereof are as follows: . , Improvements Estimated Costs 378 S.F. of 4" P.C.C. Sidewalk $ 397.00 76 L.F. of 3' High Retaining Will . 760.00 . I TOTAL COST $ 1,157.oo ' * Dated: 9- 6. v7 . CITY OF CARLSBAD, a Municipal STATE OF CALIFORNIA ) ff:px;;;;e;;a,er . ) .ss. COUNTY OF SAN DIEGo ) On before me the undersigned, a ' NcJtary Public in and for said State, p&sonally 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 Carlsbad, California, executed the same. , WITNESS my hand and official seal. ,' . , Notary Public APPROVED AS TO FORM: . c (Notarial acknowledgement of execution of owners must be attached). , : To I.44 CA to-741 (Individual) -- .2244 l STATE OF CALIFORNIA ChJNTY OF San Diego .* , t m 5 . . I on September 7, 1977 State, personaNy appeared Jerry L. bcfzr, ~;tmd$g”r’p, ~u’jo/~{~;blic in and for said Sullivan , , known to lni to be the person S whose namemubscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. S-tire C&kC 3.L 4 Fcd4. Caren J. St#th . OFFICIAL SEAL CAREN.J. SMITH Notary Public - Califarda PRINCIPAL OFFICE IN I SAN OIEGO COUNTY My COMMtSSION EXPIRES JULY 29, 1980 I7W - far dcirl notarial seal) STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) "* Or: September 9, 1977 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 * City Manager xlxbdxx k~xBa~ber*Rkaxxxxxxxxxxxxxxxxxx that executed the within Instrument, known to me to be th the within ' Instrument on behalf of the corporation the ledged to me that such corporation executed the within i ,to its by-laws or a resolution of its board of directors.