HomeMy WebLinkAboutMS 389; Rorick, David and Maureen; 79-144273; Future Improvement Agreement/Release.-A.--e __._ .-__---- -- ----.__ __________ _ _-_.-___
. p \ wxl 1 I .79.-s&%273
I.
. ’ RyECORD IbJG &&WED BY AND ) -‘-: ‘I
;ILE/,PAGE b!'?.... “Cl il :q
WHEN RECORDED MAIL TO: 1 RECORGE;;, j;:yt.; c!:
City of Carlsbad
1200 E lm Avenue
Carl sbad, CA 92008
i (&\s bQ& CITY CLERK
) -. i,yi; -tj---$ 57 r a: .*y ”
>
‘,
OFFICiL! ..; jhtiS . REC(‘,;: ge!?
SAN DIEGO COUNTY,CALiF.
j Space above this 1 ine for Recorder’s
use NO
Documentary transfer tax: $No fee
Signature of declarant de.termining tax-
firm name
City of Carlsbad .- -.. I.!.. . . :,
Parcel No. ?TT-&-84 -. .+-
-
CONTRACT FOR FUTURE PRIVATE IMPROVEMENTS _.. z.
THIS AGREEMENT is made’by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and David Rorick, Jr., and
Maureen Rorick and Harry Hargreaves, Trustees as to an .141 interest and Feist, Vet&,
Knauf, and Loy , a partit rship, Trustee h:, tc tka rema’nder, hereinafter referred to as
“Property Owner. ”
RECITALS:
WHEREAS, Property Owner has applied to City .For a
Minor Subdivision 389 .-. .::.
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 private improvements hereinafter
described are constructed and certain irrevocable offers of dedication
are made to City; and __ ;. [ : , I WHEREAS, the Municipal Code of City, Chapter 28.060 requires certain .-- ,: . . _- :._’ : I.
r
. , 1264 -
* said Minor Subdivision 389 desires to enter into tnis 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;
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 public right-of-way.
Section 2. That Property Owner, in lieu of making the herein-
after described improvements before approval of said Minor Subdivision 389
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, or upon the development of Parcel 2 of the pro-
posed Minor Subdivision 389. Property Owner shall not be required to
make said improvements before March 25, 1980 or within such further period
of time as is granted by City, provided, however, that upon the happening
of any 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 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.
(c) When development plans for Parcel 2 of the proposed Minor
Subdivision 389 are submitted to the City Building Department.
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 $J,275.00. 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
r 1265
and covenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of $3,275.00,
plus any future increases of cost in excess of this sum resulting from
increased engineering and construct ion costs, and in the event Property
Owner, his successors, heirs, assigns, or transferees fail to install
and construct sa id improveme-nts 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
su-ccessors, heirs, assigns, or transferees immediately upon completion
of said improvements. In the event same is not paid within 30 days from
completion, City may foreclbse said lien as provided by law for the
foreclosure of mortgages.
(b) Direct the City Engineer to estimate the cost 07 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 t.he 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 li.en of any such purchase money mortgage or
11 likewise be purchase money deed of trust. The lien hereby created sha
of no force or effect against any owner whose title to the
inafter described is acquired by or as a result of a forec
property here-
losure or
(3)
. .I .“._ . . . . . . _” -... _., Ij.. ^_-._ . . ..-. . . .._ .-.. . . ^
1
f .‘
- ---- ._ _I -. -c-c-- “- --~ -‘_^.--.-.-..- I- .-..- -
c I I.‘-_. . . .._ .,. ...dIx-* -.IYlr.,-l _. s1 I., ._ .,.. rd.- ..,. :-.“.‘__ ^ I. _ ._ .” ..- -__. e,*.. I . h, L. - .-c. -1 I.---- *“.+a*, . . i^.-^“- *yI-_-,_ .,._ _._, ._. _
‘.
.
e 1266-
trustees’ sale of any
deed of trust.
Sect ion 5.
such purchase money mortgage or purchase money
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
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 iablC 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
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 ities 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 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)
x... ‘,._, ” . -,.
,I
: .- . . _ ._-- ..~ ,,..
--..l.---l-_-. -
*-.%.. ._. l .,. - .^-l-.rr-..m-.C “.----1_-.hP-. ..,-.“-.. .-.- ^.- -‘-ulo^~.-.-----ri-rr y1*I)-... _e.*..‘.c-ss-.I- c -,..+-s-.. --~---I-I...-. . . . u -__. _____.,I___
: .
.
. 1261
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:
Lot 7 of Carlsbad Tract No. 72-3, in the City of Carlsbad,
County of San Diego, State of California, according to Map
thereof No. 7492, filed in the Office of the County Recorder
of San Diego County, November 30, 1972.
xx
xx
xx
xx .
xx
xx
xx
xx
xx
xx
(5)
-- __. ~ . . _ .--7- II - --. I --Z.-u--. I_
-
.> ‘. ._
-:
. --,--- __ _.- _-I- . -.-a-..----- - we -.-II---.. ---l_-A-
. 1268
Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements
Site Preparation
5t Sidewalk
LS.
S.F.
Engineering Contingencies 15% :
Dated: /G?R/L 2. 1% 74
/-
FEIsT, VETTER., KNAUF AND LOY,
.
L /L-L D. Bussey: City Manager
STATE OF CALIFORNIA . ) ) ss. COUNTY OF SAN DIEGO 1 -
Estimated Costs
$ 200.00
2,648.OO
427.00 l
, On L7 /979 before me the undersigned, a
Notary Public for Said State , pe&onally appeared Pau1.D. Bussgy,
@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.
APPROVE
- . .
(hotaria acknowledgement of execution of owners must be attached).
-6- ,
. -. ,’ ..-..w...-_*_ .___._ “. _.. - -.. .-.. .. -v( . . _ ,. _ . - _ ,_._ . ,. _ . ., .--, .
STATE OF CALIFORNIA
COUNTY OF>A N ss.
2. . J979
signed, a Notary Public in and for said County
and State, personally appeared JOHN I. T,OY NORMAN I.,. VETTFR
known to me
to be- of the partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
5&s&-& Signature e ./iL&?L&
Name (Typed or Printed)
Notary Public in and for said County and State
STATE OF CALIFORNIA SAN DIEGO COUNTY OF-
On March 29, 1979 > ss.
before me,
the undersigned, a Notary Public in and for said County and State,
personal1 appeared
3
DAVID RORICK, JR. an MAUREEN RORICK
, known to me
to be the persons%- whose name s are-ubscribed to the
within instrument and acknowledged that they executed the same.
FOR NOTARY SEAL OR STAMP
I
My C3mixi;:i:n E-pi’e; kb I
Y’
8 SAFECO
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL MARIE E. QUISENSERRY
N01 AIt1 l’i.iYi it il-\t IiiHilA
Pkll!i.lrAt OttiCt IN
SAN tIlEGO CUulV~Y
Mv Commission Expires July 17. 1981