HomeMy WebLinkAboutBP 76-77; Call, Clinton & Eleanore; 76-386551; Future Improvement Agreement/ReleaseI < .
*<[co;& ING REQUESTED BY -‘JID )
WHEN PXCORDED 1% IL TO: 1 * 6
City of Carlsbad 1805 ] .
1200 Elm Avenue
Carlsbad, CA 92008 1
j . Space above this line for Recorder’s ’
firm name
City of Carlsbad
Parcel No. 156-031-11 --
. . CONTRACT FDR FUTURE PUBLIC IMPROVEMENTS
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THIS AGREEMENT is made by the ?ity of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and Clinton B. and
Eleanore M. Call , hereinafter referred to as “Proper-
ty Owner”.
RECITALS:
. WHEREAS, Property Owner has appl ied to C ity for a Building
Permit
for the real property hereinafter described, now under Property Owner’s
ownership; 2nd . .
WHEREAS, it has ‘been found that said property i.s not suytable
for development in it,s present condition; however said property would be
suitable for development if certain public improvements hereinafter
described are construct’ed and certain irrevocable offers of dedication
are made to City; and : .-_ __ _ ..-.. -I -. - ._.. .._. ^. _~.
WHEREAS, the Muni.cipal Code of City, Chapter 18.40 requires
certain improvements and dedications as a'condition of approval.of this
Building Permit;
and
WHEREAS, Property Owner has requested said Building Permit
be granted by City in advance of the time said improvements are to be
made; and .
WHEREAS, Property Owner, in consideration of the approval of
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said Building Permit des
securing the construction of said
it-es to enter into this agreement
improvements, and City has determined
it to be in the public interest to
construct ion;
agree to temporarily postpone said .
NOW, THEREFORE, IT IS AGREED between the parties hereto as .
follows: 9.
Section. 1. ’ That City agrees to record any irrevocable offers
of dedication made by Property Owner for Building Permit No. .76-77
Sect ion-2. That Property Owner, in lieu of making the herein- ‘i’J
after described improvements. before approva 1 of sa id Building Permit
is granted, agrees to -i.nstall 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 requi red to make
sa’id improvements before October 21, 1977. o,r 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 required to be made sooner than said date or such
extended period o? time which may have been granted by City: -m
. (d)- 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-
inents to City specifications.
(b) When owners of more than 50% of the frontage, between
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intersecting streets’on both sides of the street upon which the property
herein described has frontage, have petitioned the City to form an
improvement district for the improvement of’said streets. .
Said improvements shall be mad e 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 $3,800.00 , '8
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
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and covenants herein contained, Property Owner hereby grants to City a .,F
li’en upon the hereinafter described property in the amount of $3,800.00, ‘1
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 t ransfcrees fa i 1 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
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done, and install and construct said improvements by contract or other- 1 ‘.I> ;y.
wise. City or its contractor and his emp.loyees 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 completi-on
of. said improvements. In t’he 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 said improve-
.ment s , and foreclose said lien in said amount.
(c) Pursue ‘any reme’dy , 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. _ I .:
Sect ion 4. That it is agreed that anything herein contained to ‘.:
the contrary-notwithstanding, the promises and covenants made herein shall
i not be binding upon the holders, mortgagees, or beneficiaries of any
purchase: money mortgage orpurchasemoney deed of trust for value which
has b-?&n or may in the’futur 2 be executed by the Property Owner, his i
successors, hei rs, assigns, or transferee’s, 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
p:
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 s >:
(3)
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trustees’ sale of any such purchase money mortgage or purchase money
t 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 L
deposit a cash bond or post a surety performance bond satisfactory to
th,e City to charge sa,id 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 port ion 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 happen.ing 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 employe’e thereof, be 1 iable for
any persons or prpperty injured by reason of said work or improveme-nts,
but all of said liabilities sha 11 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 iabi 1 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- 1.
perty Owner, and his successors, heirs, assigns, and transferees, further 1 -. - : ,i 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 construct.ion of said improvements.
Section 1. It is furthe.r agreed that said Property Owner will ’
at all times up to the completion and acceptance of said work and im- 1
provements by the City, give good and adequate warning to the traveling ‘:t I
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. L
Sect ion 8. This agreement and the covenants contained herein t
sha 11 bc \:,I ndi nq rtpon and i nut-e tn the bcncfi t of the successors, hei t-s,
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1809 . . I .
assigns, and transferees of Property Owner, shall.run with said real
property, and create an equitable ser’vitude upon said real property. .
_Sect ion 9. A description of the property referred to herein
and upon which said ‘lien is imposed is desdribed as follows:
,’
A por'tidn of Tract 6, Lagkma Mesa, Map No. 1719 in the County ':
of San Diego, ktate of.California.
. . xx .
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xx
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xx .
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Section 10. The required improvements tc be constructed and
the, estimated costs thereof are as follows:
, Improvements Estimated Costs
1. 2% in. A.C. pavement and base . (3540 sq.ft. @ so.sqj
$ 1,770.
2, Curb and gutter - Type Go (177 ft. ,@ $3.70)
3. PCC Sidewalk (885 sq.ft. @ $1.001,
4. 15% Engineering and Contingencies .
655.
885.
490.
5. :
6.‘. cj, : --I .
TOTAL COST $ 3,800.
Dated: Q&:2q /94L
&OTE: Required improvements are for approximately 67 feet of l/2 street frontage and approximately 55.feet of full street frontage.
CITY OF CARLSBAD, a Municipal
STATE OF CALIFORNIA ) ) ss. COUNTY OF. SAN DIEGO ) . .
. .
On before me the undersigned, a
Notary Public pekonally appeared Paul D. Bussey,
l&own 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:
(Notarial acknowledgement of execution of owners must be attached).
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TO 447 CA (4-73)
(Individual)
3811' -
STATE OF CALIFORNIA
ss* COUNTY OF
TITLE INSURANCE AND TRUST
ATICOR COMPANY
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before me, the undersigned, a Notary PubIic in and for said
:
Staz p_erso$Jy 25, ChLL t c&f
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, known to me
ent and acknowledged that
(This are* for ornclal notarial real)
EILEjPhPac ;zs “--386551
SikK i% ---
Nov IFI 9 40 I# ‘)f
OFFICIAL RECOR:: SAN Dli:f;lr COUNT h .:, A. i tiAf;tE* F.!i~;jOM
I; ECOR c/E R
NO FEE
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