HomeMy WebLinkAbout79-688; Bagley, John; 81-324277; Future Improvement Agreement/Release, . . .,,;,,, 1 FIG &;-QUE’jTED B’I’ AND )
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C:,!t.i c$ Carlshad
1 “r‘30 ii.‘!!,, Avenue
Carl sbad, CA 92008 \ 81-324277 ;
i Space above this line for Recorder’s
use
Documentary transfer tax:
Signature of declarant de.te”rmining tax-
f i rm name CF,“~CM!. gESORDS $AH DIEGO CU;.j?i-?f, CA City of Carlsbad
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-i FEE Parcel No. 156~l&t-OI
CONTRACT FOR FUTURE- PUBLIC tMPROVEMENTS
THlS AGREEMENT is made by the City of Carlsbad, a municipal
- corporation, hereinafter referred to as “City”, and------------------
JOHN R. BAGLEY --------------------__ , hereinafter referred to as “Proper-
ty Owner”.
RECITALS:
WHEREAS, Property Owner has applied to City for a
SJILDING PERMIT (PLAN CHECK No, T@-608 ; >
for the real property hereinafter described, now under Property Owner’s
2 ownerstl ip; and
WHEREAS, it has b’een found that said property is not suitable
for development in its present condition, however said prqperty .would be
suitable for development if certain pub1 ic 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 5uilding Permit
; and
WHEREAS, Property Owner has requested said Building Perinit
be granted by City in advance of the t ime said improvements are to be
made; and
WHEREAS, Property Owner, in consider-at ion of the approva 1 Of
(1)
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. * s,i id,’ 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
const rut-t ion;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
fol lows:
Section 1. That City agrees to record any irrevocable offers
of dedication made by Proper,ty Owner for said BuiJding Permit
(PJan Check No.--688_).
Sect,ion -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, said improvements in accordance with plans and specifi-
cations approved by the City Engineer within &-days after written
demand so to do by City. Property Owner shall not be requi red to make
said improvements -before May 1, 1982 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 requi red to be made sooner than sA id date or such
extended period of time which may have been granted by City: 2’
(a) When the City Counci 1 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 Cify 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 $4,623.00 .
P-roperty Gwner hereby acknowledges that said cost is a reasonable
estimate of engineering and construction costs at this time and that the
actual cost of sarne at some time in the future may exceed this estimate.
.
Section 3. That for the faithful performance of the promises
.I (2)
. .- --, . ,. - . . -..-. “. -. __ - . . . ,
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ao’d cc;rGcnants herei n contained, Property Owner hereby grants to City a
1 ien upon the hereinafter described property in the amount of $4,623.00,
plus any future increases of cost in excess of this SUM resulting from
Property increased engineering and construction costs, and in the
Owner, his successors, heirs, assigns, or transFerees fa
event
il to
the t
install
and construct said improvements in the manner and within ime speci-
f ied 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 . .
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 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 sa.Ld improve-
merits, 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 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 1 ien 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 mcney deed of trust. The lien hereby created shall likewise be
of no force or effect against any owner whose tit Te to the property here-
inafter described is acquired by or as a result of a foreclosure or
(3)
. -. ., ..--.. -_. - _-. .-, . . --. .-. .r. ^, _._._. -. ._ -.__ -. _ -.,. .___ _____
. . ‘17 - . - r ~us*tix~ ’ sale of any L-~ ch 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 1 ien herein imposed.
Sect ion 6. Said City shall not, ,. . nor shall 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
i shall said City, nor any officer or employee there,of, be liable for
I
i
any persons or property injured by reason of said work or improvements,
i but all of said liabilities shall be assumed by said Property,&ner, and
1
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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-
i ng to be injured as a result of said work or improvement&. 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 wi-11
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
pub1 ic of any dangerous or defective conditions of pub1 ic 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 benefit of the successors, heirs, (4)
I .. .-z ..e.
I
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dss i gns , and transferees of Property Owner, shall run with said real
p.roperty, and create an equitable servitude upon said real property.
Sect ion 9. A description of the property referred to herein
and.upon LJhich said lien is imposed is described as follows:
1800 Sq. Ft. A.C. Paving
80 LN. Ft. Curb E Gutter
400 Sq. Ft. P.C.C. Sidewalk
SECTION 9a. Upon completion by Property Owner or his heirs,
executors, successors or assigns of the public improvements required
herein, the City agrees to immediately release the property herein
from the provisions of this agreement and to execute any necessary
release or other appropriate documents to enable,the record title of
the property to be released from the lien herein imposed.
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(9 ,_-. - _ ._
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.' ' ,. 19 r* . * , Section 10. 'I‘hcl required improvcrnents to m constructed and
t-h; cstiktcd costs thereof are as follows:
Improvements Estimated Costs
!800 sq. ft. A.C. Paving $ 2,7.00.00
80 LN. Ft. Curb & Gutter 720.00
400 sq. ft. Sidewalk 600.00
+ 15% contingency 603.00
.
. Dated: \ -L &+ 9. 198/
. .
TOTAL COST $ 4,623.OO
I Property Mner
CITY 0F CARLSRAD, a MunicLpaL Corpdration of the State of
,. ; .
v STA+E OF' CAf_I~:~%lA )
Califijrnia
FRhK 0. ALESHIRE, City Ema;
1 ss. : COiJNTY OF 'SZ:; T7ZGO ) .
02 OF!! L /98‘/ Notary Public .~ti and'for Said State,
before me the .undersigned, a peisona1l.y appeared Frank' D. Aleshire,
known to XE ti be the City Xanaqer of the City of Carlsbad, a Municipal
Corporation OS the State of California, known to rae ,to be the p&son who / executed th-3 wr.khin instrument on behalf of said blunicipal Corporatioal, and acknowledgeB to me that such City of Carlsbad, California, executed the -same.
WI -: L _‘_Z .s s my hand and official seal.
NOTARY WBLIC . CALIF
-_I_---- ( ' 'Vincent Y. E:-:-.r lo, Jr. PRINCIPAL OFFICE IN
City Attorney ,
/
1 (N0k11: Ii al acknor~i
.
lc~clgcrwnt Of c~xeciltioi~ of ownc!rF rnllst Ix attxchcc?) .
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-_..-.. ..-, . . ..--..-._ ___ ._.... _ ~ . . . . . . . . . .._,. ,._.., _. __ _ _ __, . __. , -.. . I m-e..- .
d E m the undersigned, a Notary
z ‘I d personally appeared
i g
ti , known to me
a to be the person.- whose name ‘. within instrument and acknowledged tha
ti+ I!;bscfftut; thz
;: same.
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FOR NOTARY SEAL OR STAMP