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HomeMy WebLinkAboutMS 559; Passage, Paul and Beth; 82-260058; Future Improvement Agreement/Release. . ’ .’ t;$‘,:j~lYI~I(; i<[lQUESTE[) E'f -'3 )s WijEi4 RECORDED MA IL TO: i 588 I- City of Carlshad 1 ZGG E In; Avenue 1 Cat-lsbad, CA 92008 ! i use tax: $No fee Signatur’e’ of declarant determining tax- firm name City of Carlsbad Parcel No.. a5--* /f CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS, THIS AGREEMENT is made by the City of Carlsbad, a municipal corpora t ion, hereinafter referred to as “City”, and Paul A. Passage and Befh L.. Passag’e, Husband and Wife as joint tenants -. hereinafter referred to as "Property Owner" RECITALS: WHEREAS, Property Owner has appl ied to City for a Minor Subdivision E for the real property hereinafter described, now under Property Owner’s 2 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 and SqAxLon 20.28.060 . attached hereto and incorporated by reference herein require certain _ improvements and dedications as a condition’of approval of’this Minor Subdivision No. %q* ; .and WHEREAS, Property Gwner has requested said . . Minor Subdivision be granted by City in advance of.the time-said improvements are ta be made; and . . .’ ’ WHEREAS, Property Owner, in con.sideration of the approval of . (0 . . i ; ‘. ? . .._* ._...,..._ x, ‘: .? . .I -.*-- *.....-..;--.. - ” . ~..(./q???J _...” .___. .__,._,__.,.._ .;- . . I . 589 _ . said Minor Subdivision No. 559 desires to enter into this agreement securing the construction of said improvements, and City has determined it to be in the pub1 ic 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 of,fers of dedication made by Proper.ty Owner for Minor Sed‘iv-js-jon ~0. 559 Sect ion.2. That’ Property Owner, in lieu of making the herein- after described improvements before approval of said Minor Subdivision is granted, agrees to instal’l and construct, or cause to be installed or constructed, said improvements in accordance with plans and specifi- / cations approved by the City Engineer wi.thin 60 days after written 1 demand so to do by City. Property Owner shall not be required to make . said improvements -before January 1, 1983, or w.ithin such further period of time as is granted by City, provided, however, that upon the happening of either of the fol lowing Dccurrences 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 $8,439.00 . . 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 I ’ . t L I,. (2) f .__.._. /. - “,.... -,w.. , , ._-- ,........w..,- ,... “.. l..“.*l, * I.c...,* 5 . ..r.“m-..w.~-- -.. -...-e. el-...*-. -- .a-....* ,-,-- _ s-%.-e. -e..* w... e*.- . . .-. --. . . . I”. . . t ! and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $8,439.00 , plus any future increases of cost in excess’of.this sum resulting froin 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- fi.ed herein, he agrees that City may do any or al 1 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 h‘is employees may enter upon any portion o.t- portions of the p.roperty reasonably necessary for said . . engineering and construction, and the entire cost and expense shail be .charged against said property and payable by said Property Ow’ner, his a Su&essors, 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 insta’ll and construct s.aid 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 or purchase money de’ed 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 mo.rtgage 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- * inaftct- described is acquired by or as a result of a foreclosure or (3) , ‘L 591 _ . tF-uxecs sale of any scl-h purchase money mortgage at- purchase money deed of trust. Sect ion 5. That at any t ime dur ing the period herein provided, he i I-S, the Property Owner, his successors, ‘assigns, or transferees may deposit a cash bond or post a surety performanck 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 shal 1 any offi.cer or L em*p 1 oyee’ 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 of.ficer 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 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 li.abilities of or to any person or property injured or claim- (ng to be injured as a result of said work or improvements. ,Sa id 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 arisi,ng out of, the use of any patent or patented article in the.construction of said improvements. Section 7. It is f.urther 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) * I : 9 .I. _ ,. . ., * ,-.. < . i ..,~,,f ,,_ ,,,._. ,. _,,, . . ~ .._ ^ -.... “. .._ .,.... .-., ._ -..~ ,-*.- _.* .,.,. _. -. .* . .- - ..I _ .,.. *_.“_ .“..l.- ,.--...,. .,,-. - ..--, - . -- - --.. _“_, __ ._... _. ., . . . I a’ . 592- : 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 description of the pr,opt:rty referred to herein and upon which said.lien is imposed is described as’follows: , Farce14 of Parcel Map /22&73 . . * . . . . . . t - / . . . I s . I -I , . 59: * Section 10. The required improvements to be constructed and . the estimated costs thereof are as follows: i Improvements -, -- Curb Sidewalk A.. C. Paving - Base Course Street Trees Street Lights Site Prep Engineering and Contingencies . Estimated Costs $1 ,161 1,181 1,944 * - 1,458 . 120 go0 : 575 . 1,100 . TOTAL COST $8.439‘ . . STATE OF CALIFORNIA ) ) *ss. c COUNTY OF SAN DIEGO ) '. I -- . CITY OF CARI;SBAD, a Municipal Corporation of the State of California FRANK D. ALESHIRE, City Kmqer :_ . ' On AL/c*s7 4, L%-f~ Notary Public in and for/said State, before me the undersigned, a pe&onally'appeared Fran7c.D. f&shire; knoiqn-to me to be the City Manager of the City of Carlsbad, a Blunici‘pal 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, Califorriia, executed the same. . . . . WITNESS my hand and official seal. 'APPROVED AS TO FO , . , *Vincent F. Diondo, Jr, Ckty Attorney Notary PllMi - ' (Notarial acknowledgement of execution of owners must bc ;Itt:~chcd)- . ’ & I . -G- I , \ (Individual) / S’l-ATE OF CALIFORNIA COUNTY OF San Diego 594 cl m On Ju ly 16, 1982 before me. the undersigned, a Notary Public in and for said State. personally appeared ~ Paul A. Passage and Beth L. Passage __- , to IN’ the p6Tson ___ whose name is subscribed 111 ~hr within instrument and acknowledged that -____--- they twvutcad the same. WITNESS my hand and official seal. A Signature Name (Typed or Printed) * *proved to me on the'l;"aoswi?gf OFFJCJAL SEAL Mary L. Peters NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN OIEGO COUMV MY COMMISSION EXPIRES FEB. 4, 1985 (This area for omcial notarial real)