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HomeMy WebLinkAbout; Luchsinger, Frank and Charlotte; 76-440987; Future Improvement Agreement/ReleaseF L ** _. ‘76-448987 ~1 . 1780 . *RECORD ING REQUESTED BY AND ,' WHEN RECORDED HA IL TO; City of Carlsbad 1200 E Im Avenue Carlsbad, CA 92008 * D&30 10 52 bfi*% OFFICIALREC~RDS SAN DIEGO couttTY* Cht-iT. HARLE‘( f .6LOOM kECORDER -7 NO FEE Space above this line for Recorder’s ’ use . . f i rm name City of Carlsbad Parcel No. 210-062-6 . . CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THfS AGREEMENT is made by the ?ity of Carlsbad, a municipal corpora t i on, hereinafter referred to as “City”, and Frank c* and Charlotte Luchsinger ty Owner”. , hereinafter referred to as “Proper- RECITALS: . - -_ . WHEREAS, Property Owner- has appl ied to City for a Building Permit, for the real property hereinafter described, now under Property O\dner’s ownership; and . . !4HEREAS, 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 P?HEREAS e Propert Owner has reqtiested said Buildincr 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 f , 1 . - - . 5 1781 said Building Permit 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 issuance of a Building Permit Sect ion ,2. That Property Owner, in lieu of making the herein- after described improvements, before approva 1 of said Building Permit 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 said improvements before November 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 requ i red 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- setting 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 $645.00 . 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 .^. -_ ‘E 1782 . and covenants herein contained, Property Owner hereby grants to City a li’en upon the hereinafter described property in the amount of $645.00 , 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, assig’ns, or transferees fail to install and construct said inprovements in the manner and within the time speci- fied herein, he agrees that City may do any orali of the following: (a) Have the necessary engineering for said improvements done, and install and construct said improvements by contract or other- ,., -.,T wise. City or its contractor and his employees ma’y 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 foreclbse 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 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 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 1 ien 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) I ” . . . . * . - - . 1783 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 sa,id surety with the cost of s,aid 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 t.he 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 tt le 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 1 iable for any persons or prpperty 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 liabilities of or to any person or property i.njured 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 protect said agrees to all liabi patent or lity or claim patented arti Section 7. It is further agreed that said Property Owner will 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. 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 ,. , _. ‘ . . . ‘ . - “- 5 1784 assigns, and transferees of Property Owner, shall run with said real property, and create an equitable servrtude 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 follows: Lot 30, Terramar Unit No. 1, Map No. 2696 xx xx xx xx xx (5) xx 1785 Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: - . 1 I c t Improvements 1. Curb & Gutter(l60' @ $3.50 per‘lin.ft.) 2. Engineering and Contingencies (15%) 3. l 4. 5. 6. Estimated Costs $ 560.00 85.00 TOTAL COST $ 645.00 +jy+ Property Owner 0 " -- Dated: . CITY OF CARLSBAD, a Municipal CZZrm;,oThe State of BY Pau1.D. Bussey, City Manager STATE OF CALIFORNIA ) ) ss. 8 . COUNTY'OF SAN DIEGO ) On J/Z /.776 before me the undersigned, a Notary Public aid State, pe&onally 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. APPROVED AS TO FORM: City Attorney -FeE-ZCeM OFFICIAL SEAL NORA K. CARDINER 3 NOTARY PUBLIC - CALM PRlNClPAL OFFICE IN ’ SAN DIEGO COUNTY \ MY COMMISSION EXPIRES JAN. 29, 1990 4-z I V-FIEZ-44I)e-I (Notarial acknowledgement of execution of owners must be attached). -6- - .- TO 1944 CA (8.74, (Jndividual) STATE OF CALIFORNIA COUNTYOF Los Angeles TlTUi INSURANCE AND TRUST SS. 1786 ATKOR COMPANY On *November 11, 1976* before me, the undersigned, a Notary Public in and for said State, personally appeared **PgggI# P TJTP~TTFI A _ w** , known to me to be the person ’ whose name s--v----- subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. 3~~. C>ii;-tilAL SEAL Jennifer A. Johnson 3 ~utii’ilitl PiJriLlC . CAtlCOiWIA ,i .; WQ&-’ WItKZi?AL OFFICE IN LO.3 ANGELES COUNTY NY conwnission Ex&es January 23, 1979 (This area for official notarial seal)