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HomeMy WebLinkAbout; Vanderburg, Otis and Christine; 76-193419; Future Improvement Agreement/Release‘I !tiY.m!lli!:i[J i blG REQUESTED B’- 4blD ) :,ciiEN ;@Cc;RDED MA 1 L TO; 1 City of Carlsbad 1196 ; 3 200 E lm Avenue Ca r 1 shad , CA 92008 ~&oa ,076”1s341s BOOK iV AEGORotDREaUEstOf ADDRESS& ---------------z--- -Space above this line use NO FEE $r40 fee Signature of declarant de,termining tax- firm name City of Carlsbad Parcel No. x67-03-45 - CONTRACT FOR FUTURE PUBLIC lMPROVEMEMTS -- ! . THIS AGREEMENT is made by the City of Cartkbad, a,municipal corpcra t ion’, hereinafter referred to as “City”, and . Otis 33. and Christine Vanderburg ty Owner”. ,-hereinafter referred to as “Proper- RECITALS: -I_ WHEREAS, Property Owner has applied to City for a parcel nap o:fJnershi p; and l-low "ldee.I‘ F'l-opei-i'y &,,t:r-'5 WHEREAS, it has been found that sa d 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 City Council Ordinance a XO, 9419 dated March 19, 1975, attached hereto and incorporated by reference here.in require certain improvements and dedications as a condition of approval of this final par&l map 4-8 3 8 ; and WHEREAS, Property Owner has requested said final parcel rasp - s be granted by City in advance of the t ime said- improvements are’ to be made; and 8 l WHEREAS, Property Owner, in consideration’of the approval of (I) 1197 1 ,,r s i; .i cl. final prcel map ->sires to enter &to this-greement securing t-e cjnstruction of said improvements, and City 'has determined it to be 3.n the . public iuterest 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 final parcel map (P.S. No. 230, Parcel No. 4) l Section 2. That Property Owner, in lieu of making the hereinafter , described improvements before approval of said parcel map is granted,.agrees to install and construct, ' or cause to be installed or constructkd, said . . <mprovements in accordance with.pl'ans and specifications approved by the . , . City Engineer within 60 days after wri-tten demand to do so-by City. P.rO- perty Owner shall not be required to make said-improvements before April :i, 1982 or within such further period of .&me as is granted by- CityF 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 508'031 more including this Parcel 4 of .the frontage,/on the east side of El Camino Real between Marron Road and Elm Avenue including the frontage of Property Owner, have agreed wj,th City . .: _ to install street improvements to City specifications. (Thisfutureagreementshall not constitute such agreement toapprove by the owner of Parcel 4.) (b) When owners of 50% of such frontage, have petitioned the City to form an improvement district for the improvement of Said-streets. (c), hhen a permit is issued for the constr$jction of - P at-&e1 4 -_ on such property. , at the Easteciy iine a building (d) Uhen the traffic on Marron Road/in-'+h-e-u&&ey P arcel4 ject property-exceed 5,000 trips per day. of the sub- Said improvements shall be made without cost or expense to City. C.ity estimates that the cost of engineering and construction of said imy provements at the time of signing this contract is $'96,.225:..00;, Property O;!ner hereby acknowledges that said cost is a reasonable estimate of engin- eering 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 (2) . I> . I 1 . 1 ’ \ I . * * . 1198 _. and covenants herein contained, Property Owner hereby grants to City a . 1;.en upon the hereinafter described property in the amount of $‘96,285.~9 plus any future increases of cost in excess of this sum resulting from I’ increased engineering and constru,ction costs; and in the event Property . Owner, his successors, heirs, assigns, or transferees fail to install and construct said improvements in the ma’nner and within the time speci- - f ied herein, he agrees that City may do any or al? 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 emplqyees may enter upon any portion or portion% of the property reasonably necessary for said .- engineering and construction, a’nd 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 f ram 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- merits, and.foreclose said 1 ien in’said am’ount. (c) Pursue any remedy, legal or equitable (including those specifically referred to herein), i‘or 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 mortyage 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 bc 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) . , . . - a 4 1’ . . . *, ‘- - I’ , 1 . ilzK3 - * .* I l , . t.rustees’ sale of any such purchase money mortgage or purchase money deed of trust. Lect ion 5. That at any time during the period herein provided, the Property Owner, hi-s successors, heirs, assigns, or transferees may deposit a cash bond or post a sure.ty 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 . I 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 the provisions of this agreement, and I 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 happeni’ng 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 property injured by reason of said w.ork 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 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. Sect ion 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 defectiie condi’tions 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 bindinq upon and inure to the bencfi-t of the successors, heirs, (4) , . * . ’ assigns, and transferees of Property Owner, shall run with said real pro- p-W, and create an equitable servitude upon said real property. This agreement and the covenants contained herein, shall 'supersede and make null and void the previous agreements binding upon Parcel 3: an agreement by and between the City of Carlsbad and Otis E. and Christine Vanderburg recorded June 23, 1969, as file No. 112204. 'Section 9. A description of the property referred to herein and > upon which said lien is imposed is described as follows: Parcel No. 4 of Parcel Split No. 230, Parcel Jlap No. 4838 filed in May- , 1976, being a portion of fractional Section 32, TllS, R4W, S-B-B.&M., City of'carlsbad, County of San Diego, Seate of California. xxx . xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx l ,:, , . *t , . 1201. - .~ ( d ‘. Section 10. The required improvemenLs to be constructed and the estimated costs thereof are as follows: Improvements Estimated Costs 1. Engineering 5% + Contingencies 10% $ 12,565.OO I** 2. Marron Road improvements including but not limited to. driveways and 3 : streetlights. 4,800.OO El Camino Real improvements including but not limited to driveways, street lights, sidewalks, - ' and place overhead power underground. 78,920.OO 3uN s, m TOTAL COST Dated: $ 96,285.OO . . 3-5-54 ,& &g--g-- promises herein contained, and agree to said lien imposed. . . Transferee of portion of said property STATE OF CALIFORNIA ) 1 l COUNTY OF SAN DI EGO ) On ,’ Notary Public i #L /4- /FTd before me the undersigned and for sa’d S ate, pArsonally appeared Paul D. buzsey, known to me to be the C,ity 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. &r~~b?&‘~ APPROVED AS TO FORM: ZCICCCCCEC -OFFICIAL SEAL 7 NORA K. GARDINER \ NOTAH’ PUBLIC - CALIF \ PRINCIPAL OFFICE tN ) SAN UIEGO COUNTY 4 MY COMMISSION EXPIRES JAN. 2% 1980 \ \ e--~-ez-zIc--z.~ C i ty Attorney v\ 1 L * . (Notarial acknowledgement of execution of owners must be attached). STATE OF CALIFORNIA S.3~} COUNTY OF- SS. On June 8, 1976 before me, the undersigned, a Notary Public in and for said County and State, personally appeared ---------------------- -m-w- c-------c- $ F!- r7-p -----CHRISTINE WiNDERBURG-------- --------------_---__------- , known to me to be the pers0n.S whose nameSubscribed to the within instrument and acknowledged the-executed the same. ROSIE MARIE MORF'ORD FOR NOTARY SEAL OR STAMP OFFICtAL SEAL 1 SAN B!C@? &;I#&~ My Emml< axphS cm aa, 715 Third St,, cxeumido, @ 99&34