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HomeMy WebLinkAboutCE 182; Moreno, Victor; 79-058757; Future Improvement Agreement/Releaset”;iCORDING REQUESTED BY AND ) ” WHiti RECORDED MAIL TC’-- 1 , :. 5621 ’ -City of Car<\sbad 1 1200 Elm Avenue Carlsbad, CA. 92008 , 1 .I \ fxECOftDE@ REOUESTr/F Space above this line for Recorder’s use ‘AI)DRESSEE &j 7, 3 05Prur’~ , i? J Documentary transfer tax: $No fee Signature of declarant de,termining tax- firm name II i,,,.,.j :;L-J~;; I, CALIF. City of Carlsbad Parcel No. 203-101-23 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipa? corporation, hereinafter referred to as “City”, and Victor Moreno, an unmarried man , hereinafter referred to as “Proper- ty Owner”. REC I TALS: WHEREAS, Property Owner has appl ied to City for a : Certificate of Compliance (Case No. 182) 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 CityZzWK! Chapter 20.48 .wmMxm~~mkti~ tim requ i rek certa i n. improvements and dedications as a’condition of approval of ‘this Certificate of Compliance ; and WHEREAS, Property Owner has requested said Certificate of Compliance be granted by City in advance of the ‘time said improvements are to be made; and l WHEREAS, Property Owner, in consideration of th (1) I __**-. .-.. .-. _ ,. .~ ,..-_-. --.w . . . -- .0--.--t w--c _- _ - - .:-e-- _-__. . . ~ . .._ -. . -- __.. .._. .i .._ -. . _- . _. - 2 I . . . .“.Y I_ “. , . ..* . - )-R-da+.-.-- ..^. -.-. Lu-.*--wc. -.- i..*lm- ---N.“..-,. C~~--,,,ws.-X __L_-e-.“w-.-xpII”._ _-- -. . -. 563 said Certificate of Compliance 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 construct ion; 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 Certificate of Compliance Section 2. That Property Owner, in lieu of making the herein- after described improvements before approval of said Certificate of Compliance 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 requi red to make sa,id improvements before January 23, 1980 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 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 pet it 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 $1,337.78 . Property Owner hereby acknowledges that said cost is a reasonable estimate of eng.ineering 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 . (2) .._.-.--_. I -., 1_ . . . . -... _, . . _--. .._ _ r ..,_... ,1 _.,. ). . __ -. _ _ . . . . __-. . .--. __.. .- -. - -_-. .-_r---- ---- -- .-.. - -- .-.-- -,-- ..“.M&,.;, -_. _l___“,m*-._ ,._____ll_l.l_ a.-- ,ue.m_-l_r_^)..-. .~r”..-~-.u~N-~-Lr.~r~-.-^--Uwrrr^-~--.-IE.~~~ I-.“I-.-*-X.lgl~L --,- - i- 564 and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $1,337.78 -, 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 fail to install 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 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 forecl’ose said 1 ien 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 covenants made herein shall not’be binding upon the ho-lders, .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 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) ..-r_lr ..-w-.-.- ---Tr-.-r ,,--*-,.. ~ . l_,“.__ _“. .,r._-. ~ /,.. ^. llc._ .^ -.i_ ,..-. “,ll,” .,_..._ ._...“” . . ..-. (-_*. I_ -. -- ._ . - . *‘ -_ *- --- r -*--.. *.-“..--.-I- . .’ ..,..i---l_._ * _. ..u~..-_wlu.^....*..~ ~e.a%s** _i. -WFLI--l-rmrPr..,-*.~~~,-~--~ICIUIL--^ L-An I.^rcurl-rs-*.MAm = I.YI.-...cwIII-...‘“*-, “1____11 .,._.^ . . * 565 - trustees’ 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 sat isfactory to the City to charge said sure.ty 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 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 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 i 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 all liability or claim patent or patented art Section 7. at all times up to the City and the officers and employees thereof from because of, or arising out of, the use of any. cle in the construction of said improvements. t is further agreed that said Property Owner will completion and acceptance of said work and im- provements 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. Sect ion 8. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, (4) : .._. _-. - _- .A--. t !. .” ._.. _,.~, ,__ _. ” ._ ._-... _.,.. _..~_ _.- ~ .,... _,_I ._,,____ “,,_ ,_,._. “.__. _._rl . . . ,.._ ._. -~ ! . . b -_ - .^ ._ - -_ _._ _ __- ^__. “-_ _^ _-__-_ _i NS,// -“--__l^--.--.,_..i-.“,/_.l-l.. - “.-wY~*‘^ -11.1 I_~ ,___.A _.-.. ,* .- . * .*.-*- .-.1&“..‘1_- ,I.c”-IU--- _-..-- . , I 566 assigns, and transferees of Property Owner, shall run with said real propeW, 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 follow&: That portion of lot 23 of Seaside Lands, according to map thereof No. 1722, filed in the office of the County Recorder of San Diego County, July 28, 1921, lying northeasterly of a straight line connecting the mid-points of the northwesterly and southeasterly line of said lot. (5) ., ~.- w.X..e...a.“” ^ __-., _,-_. -_ - . -- _ a c* , f .___ ---i.- ., ,.. I .“. .-.a .rrrUI--.*. . . . .-.-,- “_ ^-_ _.. _ U_...-..-- --a- y+-~~~---------~-* --,v- ---. --.-. -_ .1 . ’ 7 , v \ , 561 r , Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Improvements Estimated Costs 4" PLL Sidwalk (621.65 S.F.) $ 652.73 Portion Street Light Cost (Lump Sum) 360:56 Grading and Preparation (Lump Sum) 150.00 Engineering and Contingencies (15%) 174.49 Dated: TOTAL COST $1,337.78 J' Y -- / Property Owner CITY OF CARISBAD, a Municipal STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) A/4 2 1979 before me the undersigned, a Notary Public in and for &id State, pe&onally appeared Pau1.D. Bussey, known-to me to be the City Manager of-the City-of-Carlsbad, a Municipai- ',,Corporation of the State of California, known to me to be .the person who executed the within instrument on behalf of said Municipal Corporation, 'land acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand and official seal. I APPROVEP/AS T$ FORM:/, , OfFlCiAL SLAL NOTARY Puo. I:: . LALIF RINCIPBi OrblUt (11 (Notarial acknowledgement of execution of owners must be attached). ,., _.. . -- -.-.- .-.-.- -6- _ ._ ._ _ __ _.-.^ ~. ._...“._ _ _-__ _... “,. _.._ --- .- - . _ *;. j”..l * __. -. ./ ] STATE OF CALIFORNIA i COUNTY OF San Dieqo On Jan. i 29, 1979 . befor me the undersigned, a Notary Public in and for said i State, personally appeared Victor f4. Yoreno 9 , known to me 1 B to be the person __ whose name ; to the within instrument and acknowledged that 0 z executed the same. !: Valerie N. Waltz NOTARY PUBLIC CALIFORYIA PRINJPAL OFFICE IN SAN OIEC-0 coui4 I Y Valerie r?, lh'oltz Name (Typed or Printed) (This am. ior ofialll netuial seal)