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HomeMy WebLinkAbout79-688; Bagley, John; 81-324277; Future Improvement Agreement/Release, . . .,,;,,, 1 FIG &;-QUE’jTED B’I’ AND ) :Yiih ;{ECOi& MA IL TO: - ’ ) Iii, . ’ ; .* 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 vE&;W~~~E t - : -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) T .- . -., . .- . _ _ _ _..^ I. --.+y”w?~>~,“.‘, , S‘ , .,,- c .,.<,.~‘;cllA~~ .,..-T.-I,*%. I l.\, N.~%,n;.n-rrwpTu”“““c ‘“i “I Wu..7(^?-xirn.*nri..“.~;-rx-r... z--..nr-~~,~x~.~~~.~~ v”,‘-lfrp dlvIIIKunclmm-.*,,eem , . * .I f. - 3 15 . . * 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) . .- --, . ,. - . . -..-. “. -. __ - . . . , 16 - . ., - 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 I 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 * ’ p .- ’ .a e . c . ’ .. , . ‘. 18 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. , (9 ,_-. - _ ._ I . _. * .' ' ,. 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?) . -G- -_..-.. ..-, . . ..--..-._ ___ ._.... _ ~ . . . . . . . . . .._,. ,._.., _. __ _ _ __, . __. , -.. . 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. + * 7 ; 8 WC0 FOR NOTARY SEAL OR STAMP