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HomeMy WebLinkAboutBP 90-753; Doan, Larry; 90-506093; Future Improvement Agreement/ReleaseECORDING RE&ED BY AND ) 239 RECORDED MAIL TO ; CITY OF CARLSBAD 1 1200 Elm Avenue CA 92008 -v 506093 1 Space above th corder's use. CITY OF CARLSBAD Parcel No. 156-190-47 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and Larry Doan, hereinafter referred to as "Property Owner.t1 RECITALS WREREAB, Property Owner has applied to City for a Building Permit 90-753 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 require certain improvements and dedications as a condition of approval of this Building Permit 90- 1753; and WHEREAS, Property Owner has requested said Building Permit 90- 753 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 90-753 desires to enter into this agreement securing the construction of said improvements, and City has determined it to 1 Rev. 5/21/90 cl3 90 -75-3 241 , - L4 be in the publ,c interest to agree to Lmporarily postpone said construction; 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 90-753. Section 2. That Property Owner, in lieu of making the hereinaf- ter described improvements before approval of said Building Permit 90- 753 is granted, agrees to install and construct, or cause to be installed or constructed, said improvements in accordance with plans and specifications approved by the City Engineer within sixty (60) days after written demand so to do by City. Property Owner shall not be required to make said improvements before August 1, 1992, 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 intersecting 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 intersecting 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 2 Rev. 5/21/90 - 242 - improvement at Llle time of signing this conL;act is nineteen thousand 'six hundred eighty dollars and OO/lOO DOLLARS ($19,680). 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 time in the future may exceed this estimate. Section 3. That for the faithful performance of the promises and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $19,680 plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, and in the event Proper- ty Owner, Property Owner's successors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time specified herein, Property Owner 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 otherwise. City or its contractor and contractor's employees may enter upon any portion or portions of the property reasonably neces- sary for said engineering and construction, and the entire cost and expense shall be charged against said property and payable by said Property Owner, Property Owner's successors, heirs, assigns or transferrees immediately upon completion of said improvements. In the event same is not paid within thirty (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 improvements, and foreclose said lien in said amount. (c) Pursue any remedy, legal or equitable (including those 3 Rev. 5/21/90 I. , rC 243 - specifically re,erred to herein), or the ldreclosure of a lien, and the Property Owner, Property Owner's successors, heirs, assigns and transferrees, shall be liable for reasonable attorney's fees as a cost in said proceedings. Section 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 or purchase money deed of trust for value which has been or may in the future be executed by the Property Owner, Property Owner's 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 money deed of trust. The lien hereby created shall likewise be of no force or effect against any owner whose title to the property hereinafter described is acquired by or as a result of a foreclosure or trustees' sale of any such purchase money mortgage or purchase money deed of trust. Section 5. That at any time during the period herein provided, the Property Owner, Property Owner's 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 engineer- ing and improvements at the time of such deposit or posting as ascer- tained 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 to execute any necessary release to enable the record title of the property to be released from the lien herein imposed. Rev. S/21/90 240 - h j . ’ . Section 6. Said City shall not, nor shull any officer or employ- ee 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 liable for any persons or property injured by reason of said work or improve- ments, but all of said liabilities shall be assumed by said Property Owner and Property Owner's successors, heirs, assigns or 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 claiming to be injured as a result of said work or improvements. Said Property Owner, and Property Owner's successors, heirs, assigns or 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 improvement. Section 7. It is further agreed that said Property Owner will at all times up to the completion and acceptance of said work and improvements by 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. Section 8. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, assigns and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. Section 9. A description of the property referred to herein and upon which said lien is imposed is described as follows: 5 Rev. 5/21/90 ** * f . I - 244 - Parcel 1 of rlrl 2418 Section 10. The required improvements stimated costs thereof are as follows: to be constructed and the IMPROVEMENTS ESTIMATED COSTS Engineering 90 L.F. curb and Gutter 450 S.F. Sidewalk 1800 S.F. A.C. Paving 90 L.F. Undergrounding Prop of Street Light $ 1,ooo.oo 1,080.OO 1,260.OO 4,230.OO 9‘000.00 15% Contingency TOTAL 540.00 17,110.00 2,570.OO $19,680.00 Executed this 17 day of # 1970. CITY OF CARLSBAD a municipal corporation of the State of California By: By: MARTIN ORENYN for City Manager ATTEST: City Clerk (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corpo- ration must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By: I Deputy City Attornk$ 6 Rev. 5/21/90 . 245 STATE OF CALIFORNIA i ss. COUNTY OF SJJl DIEGO On J&j 17 I-aan -9 before me, the undersigned, a Notary Public in and for said State, personally appeared T,arrv &n* personally known to me (nr proved to SatiSfaCtorY ) to be the m(s) whose name(s) @are subscribed to the within instrument and acknowledged to me that&/she/they executed the same. WITNESS my hand and official seal. Signature W+++*+-- OFFICIAL SEAL BETTY L. WEi3ER Notary Public-California Principal Office In Sm Die&o County y Comm. Exp. lv?ar. 29, 1991 ******.*.+.~**-****.* iI (This area for official notarial seal) SF-423-4 (REV A 7/K?) (CA) (I IVIDUAL) ----