HomeMy WebLinkAbout; Luchsinger, Frank and Charlotte; 76-269154; Future Improvement Agreement/ReleaseI &OR0 ING REQUESTED 6Y -.D )
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City of Carlsbad
1206 Elm Avenue
Carlsbad, CA 22008
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F,-/‘PACE no..~Z69154 BOOK 1976 RECOfjDEDREOUESTOf
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Parcel No. 210 - 062 - 6
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CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the C’ity of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and Frank C. and
Charlotte Luchsinger , hereinafter referred to as “Proper-
ty Owner”.
RECITALS:
. WHEREAS, Property Owner has applied to City for a
Building Permit
for the real property hereinafter described, now under Property Owner’s
ownership; and m.
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, Chapter 18.40 requires
certain improvements and dedications as a condition of approval of this
Building Permit; and
WHEREAS, Property Owner has requested said Building Permit
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
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said Building Permit desi res 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
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 issuance of a Building Permit.
Section 2. That Property Owner, in lieu of making the herein-
after described improvements before approval of said Building Permit
is granted, agrees to install and construct, or cause to be installed
or constructed, sa id 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
said improvements bef,ore September 1, 1977 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: 6.
(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 petit 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 $619.35 .
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 A That for the faithful performance of the promises
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1890
in conta and covenants here i ned, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of $619.35 ,
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 fa i i 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
enginznring 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 1 ien as provi.ded by law for the
foreclosure of mortgages.
(b) Di
engineering, and
ments, and forecl
rect the City Engineer to estimate the cost of necessary
the work required to instal 1 and construct said inlprove-
. ose 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.
‘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 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 Ir; acq1 Ji red by or as a result of a foreclosure or
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1891 \
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 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 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 liable 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 iab i 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 ot- 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 pub1 ic property. The
Property Owner hereby agt-ees 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 contai ncd herdin
s ha 1 : be binding upon and inure to the benefit of the successors, heirs, (4)
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assigns, and transferees of Property Owner, sha 11 run with sa id real
property, and create an equitable servitude ltpon said real property.
Sect ion 9. A description of the property referred to herein
and upon which said lien is imposed is described as follows:
Lot 30, Terramar Unit No. 1, Map No. 2698
X
. X
X
X
X
X
X
X
X
X
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Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements Estimated Costs
1. Engineering $ 0.00
2. 5" PCC Sidewalk $ .82 sq.ft. 619.35
3.
TOTAL COST $ 619.35
Dated: August 6, 1976
. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) 'c
On~~~e~z~~:l~a~~~a~~~~~~~~~',,,sey, Notary Public in
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.
I ‘ APPROVED AS TO FORM: .
Vincent F. '- City Attorney L,,'
NOTARV PUBLIC - CALR
PfwCJPAL OffICE 4
SW 01E60 CWtTr IN
ON EXPIRES JAN. 29, 1980 -zz-eezee
. (Notarial acknowledgement of execution of owners must be attached).
(6)
TO 4.7 c* (4.73)
(Individual )
STATE OF CALIFORNIA
COUNTY OF San Diego
1894 TITLE INSURANCE AND TRUST
ATKOR COMPANY
I.
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on Awig& 6, 1976 before me, the undersigned, a Notary Public in and for said
State, personally appeared Frank C. Luchsins;ter wtte T-m-r
IO be the person S whose name S subscribed
, known to me
to the within instrument and acknowledged that thev executed the same.
WITNESS my hand and official
Signature
Audrey B. Curley
Name (Typed or Printed)
AUDREY B. CURLEY
kOTdKY PUallC . CkLitUrdiA
PRINCIPAL OFFICE IN
SAN DIEtiiJ ~ci)ildrY
My Commission Expires July 11, 1977
(This wea for oldal noiarial seal)