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HomeMy WebLinkAboutADJ 147; Rabineau, Kalvin and Anita; 78-407565; Future Improvement Agreement/Release’ * R% I.:,: ~7 R 0 1 (:I I‘; p< i-. I;! i.r E: s *r 2: 0 t’: sA 4 Fd 0 ) h; i-i lr: 1.4 I t{ [: C.; (1 f: 1) E i) i i4 i 1. T 0 186 ] 3+‘407’565 . Pl,LE/PAGE HO.- HOOK 1976 City OF Car-lsbad > REDORllEDAEOUE87~~ 1 2 0 0 E 1 Ill A 1' e I1 t-1 e QT\/ c/ms~~ Ca r 1 stead , CA y30012 . 1 ? .; Str 06 25 q. II RM’73 -___-_-____.--- .I ) OFFICIAL RECORPS~ I- --.-.._I II._ -,-"-- ..--_ . ..--. I-;-. ~Sllr~DlEGOCOliNfY,r:~LIf~ _I-_.-,_ Space above tnt 5 i 1 nc: tar I&4 ?liiFm? I use o R Uocumenta ry t ra ns -fe r tax : $140 fee NO FEE --e-w- .'?----- ?FKjZZu re Of d~C1Gl~Cllit c.1e.t.c rm, nt IiCJ idX- f i t-m name City of Carlsbad -___ ___I__---- -.--. Pat-ccl No. 2ls-220-12 ._-.--1 -1---.- -..---.-_l-_-----.. _I_- --;---iv- CONTRACT FOR FUTURE PVBJIC IMPROV!3Er\lTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as, “City”, and Kalvin Rabineau and Anita Rabineau, husband and wife . , hereinafter referred to as “I’t-oper- t y Owner”. I ;;c 1 TA 1-S : WHEfiEAS ; Property Owner has applied to City for a Lot Line Adjustment Plat No. 147 for the real property hereinafter described, now under Property, Owner-Is ownership; and WHEREAS, it has been found that said property is not suitable for dc:velopment in its present condi t ion, 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 o-f City; Section 20.36.060 i ncorp.okated by reference he t-e i.ti requ i re ce’rta i n . improvements and dedicationc‘as a condition of approval of tl-iis Adjustment Plat: ; and WHEREAS, Property Owner 1x1s requested said Adjustment Plat be granted by City in advance of the t: ime said improvements are to be made; and l c:btmuis, Pt-qlert:y ovJi3f3-, i11 consideratiori of the approval of (I) ’ ‘1 _ ,. . . “.“..V ..,. I.*.. . . . ._. .,, _ . ‘I _’ .’ 8 ‘. %W sa id Adjustment Plat 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 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 Lot Line Adjustment Plat No. 147 Sect,ion -2. That Property Owner, after described improvements before approva in lieu of making the herein- 1 of said Adjustment Plat 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 required to make said improvements before August 29, 1979 or within such further period of time as is granted by City, provided, however, that upon the happeni of either of the following occurrences said improvements may, at the so : 1: 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: ng le (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 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 Sg8o.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 :. (2) j ,.,-. r._(lr _ _ ,,.,. CUIIII.I .L- . ..- “r. c-._-_--- -....- X.l___“_._l--^._.-Il..I. -..‘-1” “--*-III. ..w- ,-.-_.. .---r: -.- ._- -. _.I-,,.____I__ --.--_-... .- .-- - a......... . . . _,...- ^,.______._. _ .-.. --......- ^ _-____ ,_-,... .__ _.,, _..~,“. - -,_.. .~, --.I~-*,s-s-_*-.... . . . C’ 988 and covenants herein contained, Property Owner hereby grants to City a 1 ien upon the hereinafter described property in the amount of $980.00 , 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, assigns, or transferees fail to install and construct said improvements in the manner and within the time speci- fied herein, he agrees that City may do any or al 1 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 forecl’ose said 1 ien as provided by law for the foreclosure of mortgages. (b) Direct the City Engineer to estimate the cost 07 necessary engineering, and the work required to insta’ll and construct said 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 t.o the contrary notwithstanding, the promises and covenants made herein shall not be binding upon the ho*lders, 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 1 ien 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_ L. ,“. f 4 * t, I 2 --. --_~ --. --_. ----. ---__- ~---. _.y_ c.-. ~ - I ,... j i*yrrxx,x...r .“, _ __) *_.. I_e*N_ -, ~ ...ai-..l c -__UC_.*.-.* .+--ww- **“._. *..du.- ul^I1.ll .-. - ..-.~----W--..-“..-~“~-~.-,~ . A. ..- . . + 189 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 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 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 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 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 shall said City, nor any officer or employee thereof, be liable for any persons or property 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 1 iabil ities 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 aiisi’ng 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 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) _,-. .--- .- sm.--.- - __ ,,..., ..-_” _/ I I .,.. ” _ __, , - . 2 ?- ! - . . ..-me. -_ .- I__Il_jll--__I _-e”._ - .u.--. ---d~---y-aw.M yLsP-.l”x __I^_ z . assigns, and transferee3 of Property Owner, shall run with said real v-operty, and create an equitable servitude upon said real property. Sect ion 9. A description of the property referred to herein and upon which said li en is imposed is described as follows: Lot 159 of 1 .a Costa Valley Unit No. 4, in the County of San Diego, State of California, according to Map thereof No. 5781 filed in the Office of the County Recorder of said I County September 14, 1966 i i .:‘.L,Z.L.. +. - peeb&uc*-, -x.4h%.-.....r-.-..& ---__.-____. * he “’ 891 Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Improvements Estimated Costs 4" P.C.C. Sidewalk (775 SF) $852.50 Engineering & Contingencies (15%) 127.50 TOTAL COST $980.00 Dated: g-/-'/f Property Owner STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) CITY OF CARLSBAD, a Municipal :;~T--;e;:ager On l-3 /978 before me the undersigned, a 'Notary Public id State, peisonally 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. OFFlClilL StaL I /A Y til, -L PRINCIPAL owx IN t *APPROVED AS TO FORM: SAN DIEGO COilNTY Oct. 23, 1981 f&$$$j A.11 RAlJik!?ANZ 1 u ' m - I' - ;\zp:* ,L * ,s( ._ NO?ARY ?tJt~dC CALIF Notary PubAl I i Pu??,S?,rED f,S TO FORMI . 5 t / Wi’ICENT F. G!3~d\lD3, JX, Ci-ty Attorney , i Vincent F. Biondo, Jr. City Attorney EY -4fQLLJ \ Faul S. Cook, Assistar,r: ‘~ (Notarial acknowledgement of execution of owners must be attached). -6- TO ,944 c* (8.74) (Individual) STATE OF CALIFORNIA 192 am EA%- AllcoN COMPANY COUNTY OF SAN DIEGO f Oil Septer&er 1, 1978 before me, the undersigned, a Notary Public in and for said State, Personally appeared IKALVIN ?3AT3INEAu andANITARAEiINENJ , known to me to be the Person S whose name S m to the within instrument and acknowledged that - I MILDRED I. HOLMAN LSEAL 1 executed the same. WITNESS my hand and official seal. Signature (This area for offcial notarial seal)