The URL can be used to link to this page

Home My WebLink AboutBP 84-214; Bodjanac, Daniel & Dorothy; 84-269353; Future Improvement Agreement/ReleaseGC(5R;:D I NC F,;IQUESTEO 6’1’ AJ!!D > WI-IE~~ ,‘ .i! kc f-Jf> 0 ED ,f$j I L T 0 : ! .@OCb 752 * -84-m . c ‘; ‘i y of Carlsbad 1200 E lm Avenue Carl sbad, CA 92008 i r p.r- (:!:';T‘ifrI';, ;$I -"-I C F F i C i .!, L f ;, c 1; : j i .: .rl f.Tr -I > oi Sri% u!,:,:: :;:,:.l:: ; ;,;?,.I 1503 JUL I7 F/If 1: 49 1 I CC!/” t ;’ I ,,,: ,. , ‘Jf;b‘n !_./.‘-‘I c’ - , .,w I .,;. 1 @Ml= Space above this lbtxz~‘fbr’~iR~‘&sf&jr’s use / :7:p’,::yy transfer tax: $No feef Signature of declarant de.termining t x- City of Carlsbad Parcel No. 215-260-22 CONTRACT FOR FUTURE PUBLIC tMPROVEMENTS - .f THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and DANIEL BODJANAC and DOROTHY BODJANAC , hereinafter referred to as “Proper- t y Owne t-l’ . RECITALS: WHEREAS, Property Owner has applied to City for a BUILDING PERMIT (PLAN CHECK No, 84-214 > for the real property hereinafter described, now under Property Owner’s .-. _.^ ownership; and !?IHEREAS, it has been found that said property is not suitable for development in its present condition, however said pro,perty ‘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 of this Building Permit ; and be cJr;tri ted by City in advance OF -the t ime said WHEREAS, Property Owner has requested said Building Permit mprovernents are to be made; and ” WHEREAS, Property Owner, in cons iderat ion of the approval of said . Buildiny‘ Permit desires to enter securing the construction of said improvements, inI-& this agreement and City has determined it to be in the public interest to agree to temporarily postpone said const rut-t i on; NOW, THEREFORE, IT IS AGREED between the parties hereto as fol lows: Section 1. That City agrees to record any irrevocable offers of dedication made by Proper,ty Owner for said Building Permit (Plan Check NO. 84-214 ). Secticn .2. That Property Owner, in lieu of making the herein- after described improvements before approval of said Bui-lding 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 13 JULY 1985 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 Counci 1 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 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 petit 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 construction of said improvements at the time of signing this contract is $1,222.60 . Property Owner hereby acknowledges that said cost is a reasonable e5timate of engineering and construction costs at this time and that the actual cost of same at some time in the future may exceed this estimate. Section 3. That for the faithful performance of the promises . .rL- - r . 754 and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $1,222.60 , 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 successors, heirs, assigns, or transferees fa i 1 to insta 11 and 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 said improvements . _- done, and install and construct said improvements by contract or other” wise. City or its contractor and his employees may ente-rlupon 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 requ i red to install and construct sa,i,d 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 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 been or may in the future be executed by the Property Owner, his . successors, heirs, assigns, or transferees, and the 1 ien 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 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) _--.....--- -_x----1--” -..-.. c-e .---1.-w.-.- .-- ..--.-- _-- -.-_ _,__-._- _.- .,_ .,._ - __--_ _._-_.___ ---.-o” ..:; - I’ . .‘. a , ., . , ,s I _h t,rus*tees i , l b jl - 755 , ,sal e. of any su purchase mor’ey mortgage -M 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 said 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 the 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 _. 1. . to execute any necessary release to enable the record title of the pro- perty to be released from th;e lien herein imposed. Sect ion 6. Said City shall not, nor shall 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 Troperty Oinlner, 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. Section 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 dy the City, give good and adequate warning to the traveling public of any dangerous or defective conditions of public 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 be binding upon and inure to the benefit of the successors, heirs, (4) . . . ._*C_--.*.-. : -- -_--___ -_ -_,- p-P -.-- _I- -.-3___-./-----~---.~-- ----- -- - ;;. . -... ,. _‘, -e., .- . ; .- . . ;. L. . . . . __ /’ .. --_ _, : ,-.-&A-.1 .I :.. (.-.% e . L . . . . ,ot’ 756 . assi.gns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. Sect ion 9. A description of the property referred to herein and.upon which said lien is imposed is described as follows: LOT 83 - LA COSTA MEADOWS NO. 1 - MAP NO. 6800 I , z ..: 0 .,._...e-.. . . _.,_ _.__._._. . -- ----..---y-- __r--...-d-Y---I_ _,___ -.. .--.-^---__ I-- _ --...- -..- .._-_ _ ._-_-- _,---.. - ----- .-- f . , .(L . . ,. a . . ~_I ., _. -.i., . .^ ” . . A._< ._.._ ., .( rr_&i:PC**.--. . __. -- ,--ai. ._ .__ l . * ,,w. ‘157 .- \ * r- l . . Sciktion 10 - The required improvements to L~L' constructed and . the estimated costs thereof are as follows: Improvements Estimated Costs -SIDEWALK: 75.45' x 5' x 2.70. '$ = 1;018.60 One (1) Tree = 50.00 ENGINEERING CONTINGENCIES (15%) =. 154.00 . , Dated: '3-l/ df" .' i . hTA?E OF CALIFC.G??iA ) ) ss. :SO&TY OZ+‘SAN DIEGO ) . TOTAL COST '$ 1,:222.60 . Peoperty Qwner . . CITY 0F CARLSBAD, a Municipal Corporation of the State of Califijrnia I &pJ%i f I BY FRANK D, ALESHIRE, City Flanaaer . On && /tg /& before me the 'undersigned, a Notary Public wa@ fof said State, p&zonally.appeared Frank' D. Aleshire, known to ST!? to be the City Kanager of the City of Carlsbad, a Xunicipal Corporation of the State of California, known to me to be the person \qho executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carl&ad, California, executed the .same, . WITNESS my hand and official seal. , APPROVED AS TO FO City Attorney (Notarial acknowledgement of execution of owners must be attached). . -6- _ ..-. __-... -. . .------.-a._ _ -._ ..- _.__ ._ ..---.-.. . “‘-*T-e- .-.-.-- .-.e_ -.. . . I . .a._ V..^-w. ~. _ _ . . .._ __-_ .---a - w .- -. .a- --.- I SS. A 758 II, rr;Xy, ~&v)-r 4-j personally known to me or proved to me on the basis of sati subscribed to the within Instrument and acknowledged that executed the same. WITNESS my hand and official seal. [Seal) 023200 9-e,?* 25 PS Individual Notarial Acknowledgment -. . -:3