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HomeMy WebLinkAboutMS 303; Gendusa, Sam and Elizabeth; 78-091522; Future Improvement Agreement/Release., :- r. : / : --. -. - I:,,2 1 >]c; z-‘,E!;‘jE;TEO. ii’! ~~,>,~]--~)~~:‘- . . .i .‘h..’ ; ‘,? *, ;‘ :,’ .-. 1 ;iECO%O Ilr_ ?l.A I L i-c; : ^ - . I- 1 C i 1- \’ 0 I’ Ccl I- 1 shad 1 2 c b E 1 I71 R 1.’ c n u e z52~ ) Cc’ :- 1 5bac!, CA 92oot3 i’ > --- ______.__ _ .~__ ._. ~.. _ .__ ..__ __. _ __- ^____ __- -_ clb2Vt: i-iii 5’ 1 i i~r; [(.j:. ~t,<:r:.c~,-!,j;:~~ t s n,rSTRlCT . MAo: 8 9 m1vt’78 I)9c:ci!i!?r)ilfl t-Y I i-Tiil’;-fe;- td:-: ijpjo i’2,c7 _ ;.-; .- _____ ~. _.- - ._-_._ .._- ~__. -.-~ _._. ~--.- . .-_ f7ML.. ..-____ mm& -4;. 5 I CliiZl-Lt 1-P <)f C!:?C; iaracl d;:i:ci-;;:i iii !:y ta;:- f i i-m rm:lt;: &: ‘ii r. i‘k _ RE;.$&“:’ c i ty o-f c;! r-l shad Parcel No. 205-280-03 --___- -I- ---..-L.-- NO FEE _---. -_--_-_- - CONTRACT FOR FUTURE PUGLIC lMPR@‘dEMENTS - ------_.~L_.-- THIS AGREEFIEh’T ismade by the City of Carlsbnd, a municipal corpot-ation, hereinafter referred to as “City”, and SamGendusa and Elizabeth A. Gendusa, husband and-wife , hereinafter referred to as “Proper-- ty Owner”. RECITALS: WHEREAS, Property Owner has applied to City for a Minor Subdivision No. 303 for the real property hereinafter described, now.under Property Owner’s .*, ownership; and .Y 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 pub1 ic improvements hereinafter described are constructed and certain irrevocable offers of dedication are made to City; and WHEREAS, the Municipal Code of City and City Engineer's letter of amended conditions dated October 17, 1977 attached hereto and incorporated by reference herein require certain improvements and dedications as a condition of approval of this Minor Subdivision : and WHEREAS, Property Owner has requested said Minor Subdivision 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 6 . ,* 1523 said Minor Subdivision desires to enter into this agr~~c!llent securing the construct ion 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 Minor Subdivision No. 303. Section 2. That Property Owner, in lieu of making the herein- after described improvements before approval of said Minor Subdivision 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 shal 1 not be requi red to malte said improvements before March 15, 1979 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 $2,421.00 . 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 (2) and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $2,421.00, - plus any future inc’reases 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 shal 1 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 here.in), 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 a’nything herein contained to the contrary notwithstanding, the promises and covenants made herein shall not be binding upon the holder.s, mortgagees, qr beneficiaries of any purchase money mortgage or purchase money deed of trust for valet> l.A/hi;h 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. 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 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 pot-t ion 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 1 iable 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 improvements, b;t 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 1 iabi 1 it ies of or to any person or property injured or claim- 3ng 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 emp 1 oyees thereof from all liability or claim because of, or arising out of , the use of any patent or patented article in the construction of sa id improvements. Section 7. It is further agreed that said Property Owner wi 11 at all tiines up to the completion and acceptance of said work and im- provements by the City; give good and’adequate warning to the travel in51 public of any dangerous or defective conditions of pub1 ic property. The Property Owner hereby agrees to pay for ‘such inspection of i’mprovements as may be required by the City Engineer of Ci.ty. Sect ion 8. This agreement and the covenants contained herein shall be bindinq upon and inure to the benefit of the successors, heirs, ( 4 > assigns, and transferees of Property Owner, shall run with said real . property, and create an equitable servitude upon said real property. Sect ion 9. A desciiption of the property refer’red to herein and upon which said lien is imposed- is described as follows: That portion of Tract 241 of T.hum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, - filed in the Office of the County Recorder of San Diego County, December 9, 1915, described as follows: Commencing at the intersection of the center line of Adams Street with. the center.line of Magnolia Avenue, as shown on said Map of Thum Lands; thence along, the center line of said Magnolia Avenue North 61"21'58" East, (Record - North 61"21'00" East) 156.62 feet to the TRUE POINT OF BEGINNING; thence continuing along said center line, North 61"21'58" East, 81.00 feet; thence parallel with the center line of said Adams Street, South 28'38'05" East, (Record - South 28"35'10" East) 274.98 feet; thence parallel with the center line of said Magnolia Avenue, South. 61'21'58" West, 81.00 feet; thence parallel with the center line of said Adams Street North 28"38'05" West 274.98 feet to the TRUE POINT OF BEGINNING. xx xx xx xx xx . xx xx xx xx Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Improvements Estimated Costs PARCEL 1: 1. 2. . 3. Z: PARCEL 2: 1. 2. 3. 2 6. 7. Regrade Parkway Lump Sum Cont. Curb & Gutter 61 1.f. @ 5.05 Cont. Sidewalk 305 s'.'f. @ 2.00 Proportional share of ornamental street light Engineering & Contingencies 15% TOTAL PARCEL 1 Regrade Parkway Lump Sum Residential Driveway 80 s.f. @ 2.00 Cont. Sidewalk 100 s.f. @ 2.00 Proportional share of ornamental street light Water Service 1 @ 200.00 Sewer Service 1 8 250.00 Engineering & Contingencies 15% TOTAL PARCEL 2 $ ;;g*g 610:00 90.00 173.00 $1,328.00 50.00 160.00 200.00 90.00 200.00 250.00 143.00 $1,093.00 Dated: T,OTAL $2,421.00 2J /4742 /'--v CITY OF CARLSBAD, a Municipal STATE OF CALIFORNIA ) 1 ss. ?OUNTY 0~ SAN DIEGO ) On iotary Public in and for said State, before me the undersigned, a peisonally 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: (Notarial acknowledgement of execution of owners must be attached). . -6- . STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CARLSBAD 1 On March 6, 1978 before me, the undersigned, the City Clerk of the City of Carlsbad, a city wit&n the said County and State, personally appeared PAUL D. BUSSEY ,’ known to me to be the person whose name IS . . '. I. subscribed to the within instrument and acknowledged tfia!lI:;he. '. . executed the same. : ". ::. ‘.1 : Signature ; .._ -.: -..’ (SEAL) 1 // .-- ,, ‘a 1v . I '* MARGARE E. ADAMS ', "\ " I e*- .~ .._'.. e-"_ , .,d Cjty Clerk of the City of Cardsbad 'I/ . _ '> ".',, :,, .,,'. .,. " I. 2 ', ,f _. _..i, .-. _ _ --m-----F- - -./. -l--"*_.--.~-_X.I.I .__ I-.I..__,_.X _ -_ ._--_. 11"~ -,--_-_ 9."_,1-". TO 1944 CA (8.74, Ugdividual) STATE OF CALIFORNIA TITLE INSURANCE AND TRUST *TIcoR COMPANY f x3. / 9 7 f before me, the undersigned, a No ?.!LG;z , known to me to be the person-&-whose name-subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Signatur OFF IC‘IAL SEAL EYeverly A. Laughlin NOI4R r PUBLIC - CALIFORNIA kRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires April 9, 1979 (This area for official notarial seal)