HomeMy WebLinkAbout; Novak, Frank and Mabury; 75-092232; Future Improvement Agreement/ReleaseRECORD I NG REQUESTED BY AND
WHEN RECORDED MA IL TO:
City of Carlsbad
1200 Elm Avenue
Carl sbad, CA 92008‘ 1 . .
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,-Q.f,p~E & 75-092232 6#011 im5 lmmtEOiOe6YlEs?OF $/&CO TITLE INSURANCE COMPANY.
&VI 21 2 14 FH ‘75
OFFICIAL fKC!?POS $A?4 OEl30 CWWT T. CALIF. HARtLY F. iMNl .
RECOWOER - - -- -> i : _^ ~%k’
- Space above this line for Recorder’s
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Documentary transfer tax: $No fee
Signature of dec-larant de.termining tax.-
firm name
City of Carlsbad
Parcel No. 204-253-+O, 11.12
CONTRACT FOR FU.TURE PUBLIC IMPROVEMENTS -
TH!S AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and Frank Novak and Mabury
A. Novak, husband & wife as joint .tenants,hereinafter referred to as “Proper-
ty Owne t-l’.
REC.1 TA LS :
WHE.REAS, Property Owner has applied to City for a final parcel
map‘(P.S. 261). * I
for thk 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 cbndit ion, however said property would be
suitable for development if certain public improvements hereinafter
described are constructed and certain irrevocable offers .of dedication
. aremade toCity; and .
WHEREAS, the’ Munic ipal Code of C i ty and City Engineer’s letter
dated March 28, 1975
attached hereto and incorporated b.y reference herein require certain
improvements and dedications as a condition of approval of this final
parcel map ; and
WHEREAS; Property Owner has requested said f inal parce 1 map
be grant-cd by City in advance of the time said improvements are to be .
made: and
’ WHEREAS, Property Owner, in consideration of the approval of
said final parcel map desi res to enter into this agreement
securing the construction of said impro\Ja-nts, and City has determined
it to be in the public i’nterest to agree to temporarily postpone said
construction; .
:
NOW, THEREFORE, IT IS AGREED between the parties hereto as
fol lows:
Section 1. That City agrees to record any irrevocable offers’ r
of dedication made by Property Owner for final parcel map (P.S. 261).
Section 2. That Property Owner,. in lieu of making the herein-
after described improvements before approval of said final parcel map .
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 April 16, 1976 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
I
e.lection of City, be required to be made sooner than said date or such
exten.ded 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 imp-rove-
ments to City specifications.
(b) When owners of more than 50% of t
intersecting streets on both sides of the street
herein described has frontage, have petitioned t
improvement district for the improvement of said
he frontage, between
upon which the property
he City to form an
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 $16,8~0.00 .
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 tin:c in the future may cxcecd this estimate.
ation 3. That for the fait:hful pet-formancc of the promises
(2)
and covenants herein contained, Property Owner hereb.y grants to C.ity a
lien upon the hereinafter described property in the amount of $16,850.09
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 transfe’rees fail to install
and construct said improvements in the manner and withi.n 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 impiovements by contract or other-
wi s’e. 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-
ment s , 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, shal.1
be liable for reasonable attor.ney’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, ahd the 1 ien hereby created * .
sha 1 1 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 dcscribcd is acquired by.or as a result of a foreclosure or
(3)
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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 s~~cessors~ heirs, ‘assiqns, or transferees may -. :
.deposi t a cash bond or post a suretv performance bond sat isfactory to
the City to charge said surety with the .cost of said imnrovements; 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 releas? the pr-opzrtf. or any portion of it as to which said
deposit or posting applies, from the provisions of this aqreement, and
to execute any necessary release to enable the record title of the pro-
perty to be released from the 1 ien 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, no-t- any
any persons or property
but all of ‘said liabilit
officer or employee thereof, be 1 ia’b.le for ,
injuied by reason of ,said work or improvements,
ies shall be assumed by said Property Owner, and
his successors, heirs, assigns, and transferees, and ‘they shall save the
Citi harmless from, and indemnifq the City against, any and all claims,
suits and liabilities 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
a,t all times up to the completion and acceptance of said work and im-
provements by the City, give good and adequate warning to the travelin?
public of anv danqerous or defective conditio’ns of public property.. The
Property Owner hereby,agrees to pay for such i nsoect ion of imorovements .
as may be requfred by the City Engineer of City.
Sect ion 8. This agreement and the covenants contained herein
shall be bindinq upon and inure to the hencf i t of the successors, hei I-S ,.
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assigns, and transferees of Property Owner, shall run with said rea 1
property, and create an ‘equitable servitude upon said r,eal property .
Sect ion 9. A description of the property .referred to herein
.and upon which said lien is imposed is’ described as follows: :
Lots 3, 4 and 5 in Bloc:k “G” of Palisades, in the City of Carlsbad, County
of San Diego, State of Cal ifornia, according .to Map thereof No,. 1747,
filed in the office of the County Recorder of San Diego.County, February-
5, 1923. .r
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Section 10. The requ i red Irzprovements to be constructed and
the estimated costs thereof are as follows:.
Improvements . Estimated Costs
-1. Engineering $ 85-0.00
2. Street Inpravements 13,750.oo
3. Trees 270.00
4, Sieal Relocation 2000.00
TOTAL- COST $ 16,850.oo
WE CONSENT to and join in all the
promises herein contained, and agree
to said lien imposed.
perty . .
CITY OF CARLSBAD, a Municipal
Corporati’on of the State of
City Attorney -
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TO 449 CA (5-73)
(Corporation)
STATE OF CALIFORNIA
>
SS. COUNTY OF
25 TITLE INSURANCE AND TRUST
On
State, personally appeared
known to me to be the
before me, the undersigned, a Notary Public in and for said
/co/m /3? ‘Cgsw -7
President, oad
Secretarv of the corporation that executed the within Instrument,
known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board
of directors.
WITNESS mv han &official seal. NOTARY PUBLIC-CALIFORNIA
SI?N DiES COUNTY klyCrmilmiss:on Expir:s!t.nt II‘;, 1976
-,ys=;-i;;r~/-<:-y;i’;; .; : :
(This arm for official notarial seal)
TO 447 CA (4-7s)
(Individual)
State, personally appeared
he undersigned, a Notary Public in and for said
AAJD @4u3&w A . LbL/Ab(
, known to me
to be the person 3 __ whose name subscribed 3
to the within instrument and acknowledged that executed the same.
(This wea for oldal notarlal real)