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HomeMy WebLinkAboutADJ 148; Renn, Frank; 78-414397; Future Improvement Agreement/Release- . ‘~‘RECORD I NG REQUESTED BY AND . .a- . !+{E’N :RECORDED MA IL TCG- * * City of Carl.sbad 991 1200 Elm Ayenue Carl sbad, CA 92008 . .-_ : ADDRSSSEE _ SEP28 I sotwtl -- ) ._ use SAN OlE,C;f t’;i!jh;‘fY,: &LIF.j HARLEY F. 3iOOti Documentary transfer tax: RE$%8Epee N6 FEE Signature of declarant dqtermining tax- firm name City of Carlsbad Parcel No. 206-i go-04 - CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS . .:. THIS AGREEMENT is’made by the City of Carlsbad, ‘a municipal .‘. corporation, hereinafter referred to as “City”‘, and Frank Renn, a marr-iect man’= his sole And separate property, hereinafter referred to ag L’Pruper- . . ty Owner”. ” REC I TAtS: WHEREAS, Property Owner has applied to City for a lot line . .e:adjustment; Plat No. 148 .* ..,; _I. .,:: for the real property hereinafter described, now under Property:. Owner’s .’ .- __ .‘. c. :. ownership;, and .: . - WHEREAS., it has been found that said property is not suitable .’ for devel.opment in its present condition, I however said property w&Id be suitable for development if certain pub1 ic improvements hereinafter. described are constructed and certain irrevocable dffers of dedication 3 : f 3 f are made the City to City; and . . ‘. _. _- WHEREAS, the Municipal Code of,CitY,S&,tion 20.36.060, .proGidei Eng’ineer may re.quire certain. . . improvements aPd dedl’iations as:a‘-‘: 1 1 ‘...condition of approval of this adjustment plat; . - 5. . and ’ -_ ,.. , . . . . ‘. . z WHEREAS, Property Owner has requested said f . be granted by City in advance of the t ime said improvements are to be made; and : . l WHEREAS, .Property Owner,. in consideration of the approval of (I) ; i : ,i” . . . . . . : _ . ..“L--. --.m.- - .+-r;,- ___ d-----LI.--- -’ *’ _ . , * 992 . said 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 const ruct’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 Property Owner for Lot Line Adjustment Plat 148 Section. 2.. That Property Owner, in lieu of making the herein- . after described improvements before approval of said lot line adjustment plat is granted, agrees t,o 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 demind so to do by City. Property Owner shall not be required to make sa,id improvements before September 15, 1979 cjr within such further period of time as is granted by City, provided, however, that upo’n the happening of either of the following occurrences said improvements may, at the so.le -2. election of City, be required to be made sooner than s5id date or such extended 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, i.ncl ud i ng the frontage of Propeity 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 $17,100.00. - Property Owner hereby acknowledges that said cost is a reasonable estimate of eng’ineering and construction costs at this time and that the actual cost of same at some time in the future may exceed this estimate. Sect ion 3. .That for the faithful performance of the promises ,._c--- _- _- --_. . . i $ 9- b-J . and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $17,1.00..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 transferees fail to install and construct said improvements in the manner and within the time 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 employ’ees may enter upon any port ion or portions of the property rea.sonably necessary for said engineering and construction, and the entire cost arid 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 lien as provided by law for the foreclosure of mortgages. ’ (b) Direct the City Engineer to estimate the cost of necessary 2 engineering, and the work required to insta.11 and construct said improve- ments, 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 s’uccessors, 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 l 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, and ttie 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 ?ien 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 .,-,.-~-._--u.u-.r.-~-~- -.---. .__ _. . -, , , . ‘. - .I . . F* 994 - 4 trustees’ sale of any such purchase money mortgage or purchas’e 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 sure.ty 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 depos,it 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 Ci t$ ‘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 I iable* for .3 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 a?? claims, _ suits and liabilities of or to,any person or property injured or claim- -: I i,ng 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 8rising,.but 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 wiTI at a?? times up td 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 defective conditions of public property. The Property Owner ,hereby as may be requi red by Sect ion 8. This agreement and the covenants contained here.in agrees to pay for such inspection of improvements the City Engineer of City. shall be binding upon and inure to the benefit of the successors, heirs; (4) -* - -:. ;. : ,+ . ,,.,:. .‘* -I . . \ ._’ . . . ~ . l . . ‘*. *. . ” _ e 995 _ . . - . . assigns, and transferee3 of Property Owner, shall run with said real __I property, and create ari equitable servitude upon said real property, Sect ion 9. A description of the property referred to herein and upon which said ‘lien is imposed is described as follows: Lot 17 in Block “Em’. of Be1 lavista, in the City of Carlsbad, _ County of San Diego, State of California, according to the Map thereof No. 2152, filed in the Office of the County Re- corder of San Diego County, March 7, 1929. . . . ‘\ : i . Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Improvements Estimated Costs ADAMS STREET A.C. Paving & Base (7,160 SF) 6”. P.C.C. Curb E Gutter (358 LF) 5’ P.C.C. .Sidewalk (358 LF) P.ortion Street Light’ Cost (358 LF) Roadway Excavation (1,800 CY) Engineering E Contingencies (15%) $ 4,654.OO 1;7go.o0 1 ,g6g.oo 1,038.20 5,400.oo 2,248.80 * i _ . . . . . . . . . . . . . . / , Property Owner . ’ . CITY OF CARLSBAD, a Municipal I b STATE OF CALIFORNIA ) I ) ss, COUNTY OF SAN DIEGO ) . . City Manager. . On 26. /97p before me the 'undersigned, a Notary Publi aid/State, pecsonally 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. - APPROVED AS TO FORM: PRINCIPAL Obfll;t IN SAN DIEGO COLIh'TY Notary Public fi Vincent F. Biondo, Jr. City Attorney Paul s. Cook, As: ,tant (Notarial acknowledgement of execution of owners must be attached). . . . . . . :. -6- _* -- .' -C--w*.. _--- _ , ,- . . _ -. - -' --I ..--- .,-: ._:- _-.. . __-. ,,, _‘ .._ ,.,: <.. ., . . ._ : 2.: _. ..,..+. c, . :;: 4 ,; jl, ST.&i ilF CALIFbRNIA : 1 }ss. . . . . . . . . . _ _......... _ . . . . County ol...... Qm-ge . . . . . . . . . . . . . . . . . . . . . . . . J 997 0~~.... . . . . . 9?..!.9 . . . . . . ..__...__.. ---...J 19-.!.8, before me. . . .._...___...._.......................................~.... a Notary Public. in and for said State, personally appeared ___..___.__...______............................ Frank Renn . . . .._._...__.__.___~....... known to me to be the person .,.. whose name _.._ .? ____.____....._ subscribed