HomeMy WebLinkAboutBP 77-119; Smith, Fred and Alice; 77-190391; Future Improvement Agreement/Release‘? ‘f: C 0 1; i) i I i C: I’, C i! lJ 11 S T E D D ‘- L. 1.1 D ) ’
Wiiih tiECOi’.3tID FA IL TO,
I Cit.y of Carlsbnd 667) *
! 200 E !lil b.VCtilUC
Carlsbnd, CA 92008
FILE/PACE HC.m.w.e- BOOK 1977 RECORDECREllUEST Df'
ADDRESS.@
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fi rm name
City of Carlsbad
Parcel No. 215-110-09 --_.-
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CONTRACT FOR FUTURE PUBLIC IklPROVEIIENTS - -__--_I__~__-
THIS AGREEMENT is made by the C’ity of Car-lsbad, a municipal
corpora 1: i on, hereinafter referred to as “City”, and w. Fred Smith
and L. Alice Smith , hereinafter referred to. as “Proper-
t y Owne r” .
REC I TALS: --__--
. WHEREAS, Property Owner has appl ied to C ity for a
Building Per&t
for t!)e real property hereinafter described, n0.d under Property Owner’s
ownership; and . .
WHEREAS, it has ‘been found that said property is not suitable
for development in its present condition; however said property would be
suitable for deve,lopment if certain public improvements hereinafter
described are constructed and certa.in irrevocable offers of dedication l_ll
are made to City; and . .
WHEREAS, the Municipal Code of'C!ity, Chapter 18.40 requires
certain 'improvements and dedications as a condition of approval.of this
Building Permit;
and
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said Building Permit desi t-es to enter into this agrecmc:nt
secur i ncj the construct ion of sa id improvements, and City has detcrmi ned
it to’bc in the public interest to agree to temporarily postpo’ne said
const ruct ion;
NOW, THEREFORE, IT IS AGREED b,etween the parties hereto as
fol ‘lows:
Section 1. ’ That City agrees to record any irrev&zable offers
of dedication made by Property Owner for Building Permit No. 77-119
Sect ion -2. That Property Owner, in lieu of ‘making the herein- ‘. ‘1
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- sp”ecifi-
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 befor’e April 15, 1978 or within such further period
of time as is granted by City, provided, however, that upon the happening
of either of the following occurrences sa.id 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 C;ty:
(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 oh both sides of the street upon which the property herein
described has frontage, have agreed with City to install street impt-ove-
mcnts 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 properky
herein described has frontage, have petitioned 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 . I
said improvements at the titne of signing this contract is $529.20 .
Property Owner hereby acknowledges that said cost.is a reasonable
est imatc &f enginceri:>g and construct ion costs at this time and that 1 he
actual cost of same at some. time in the future may exceed this estimate.
Sect ion& --.---- That for the faithful performance of the promises
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669
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and covenants herein contained, Prcjperty Owner hereby grants lo C i ty a
lien upon the‘hcrcinafter described property ?rt:thc amount of $529.20 ,
plus any future increases of cost in excess of this sum resulting from
increased engineering and construction costs, and in the event Property
Ownqr, 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 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 shal 1 be
charged against said property and payable by said Property Owner, his
successors, heirs, assigns, or transferees immediately upon completion
of sa id improvem,ents. tn the event same is not paid within 30 days from
completion, ‘C’ity may foreclbse said lien as provided by law for the
foreclosure of mortgages,
(b) Direct the City Engineer to estimate the co&t of necessary :
engineering, and the work required to install and construct said improve- ’
merits, and foreclose said lien in said amount;
(c) Pursue any remedy, legal or equitable (including those
specifically refed-red to herein), for the foreclosure of a lien, and the
Property Owner, his successors, heirs, assigns, and transferees, shal 1
be liable for reasonable attorney’s fees,as a cost in ;aid.proceedings.
Sect ion 4. That it is agreed that anything herein containgd to
the cant ra ry notwi thstand i ng , the promises and covenants made herein shall
not be .binding upon the holders, mortgagees, or benef,iciaries of any
purchase. money mortgage or purchase money deed of trust for value which
*has been or may in the’ futurs be executed- by the Property Owner, his’
successors, heirs, assigns7 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 mor?ey mortgage or
purchase money deed cf trust. The, 1 ien hercb., created shall likewise he
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 foreqrosurc or .,.’
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670
trustees’ sa 1 c of any such pu rcha se money mortgage or pu t-chase 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
thc’City to charge sa,id surety with the cost of s,aid 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 cr 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 1 iable for
any persons or prgperty injured by reason of said work or improvements, : ’
but all of s,aid liabilities shall be assumed by said Property Owner, and
his succ&ssors, heirs,‘assigns; and transferees, and they shall save the
C i ty hat-ml ess f rorn, and indemnify the City against, any and all cla-ims, .
suits and 1 iabi 1 ities of or to any Fjerson or p.roperty injured or claim-
illg 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 ther.eof from
all liability or claim because of, OI- arising out of, the use of any
patent or .patented article in the constructi.on of said improvements.
Section 7. It is further agreed that said Property Otiner wi 11
at all times up to the completion ,and acceptance of said work and im- . , .w
provement.s 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 agrees to pay for such inspkction of improvementS
as may be required by the City Engineer of City.
Sect ion 8. This agreement and the cbvenants contained herein
sl1~-11 1 hc bl n(linrl llpnn nnd inLIt-c 1.0 1‘hc? hctncfit of 1’1.~0 sttccr?ssors, hci I-S,
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assigns, and tt-ansferces of Property Owner, shal 1 run with 5aid real
property, and create an equitable servitude u’pon said real property.
Sect ion 9. A description of the property ref&rrcd to herein
and upon which said lien is imposed is desdribed as .fol lows:
. Lot ,60 of La Costa Valley Unit No. 1, as shown on Map thereof
No. 5434, filled in the Office of the County Recorder of San
1 Diego County on July 29, 1964.
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6’72 .
Section 10. The required improvements to he constructed and
the. estimated costs thereof are as follows:
, Improvements Estimated Costs
1. 504 sq.ft. of 4" PCC sidewalk . $ 529.20
@ $1,05/scj.ft. 2. *
3. ,
4.
l- 3.
6.
Dated:
STATE OF CALIFOR?JIA
COUp;!TY OP SAN DIEGO
TOTAL COST $ 529.20 &tqikd?kd --.
Property Owner
‘. \ CITY OF CARLSBAD, a Municipal
; ss,
1
On -~~fk$?&~;,,nall~ appeared Paul D. Bllszey, before me the undersigned Notary Public in and known to me to be the City Manager Af 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: --.*-e-r-* t
i
---I -I-*-+ ’ OFFICIAL SEAL
NORA K. GARDINER
. NoTAm PUBLIC - CALIF.
\ PRINCIPAL OFFICE IN \
\ .’ SAN DIEGO COUNTY WY CbMM;SS,ON EXPIRES JAN. 29, 1980 , I *-*ie,,,- ---- - - ------I
(Notarial acknowledgement of.execution of owners must be attached).
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L
e -G-
6’73 TITLE INSURANCE AND TRUST
70 447 CA (4.73)
(Individual)
STATE OF CALIFORNIA ATICOR COMPANY SS.
COUNTY OF Oranpe >
t
On 9, 1977 before me, the undersigned, a Notary Public in and for said
State, personally appeared
ii W. FRED SMITH AND L. ALICE SMITH
z! 3
i , known to me
;’ to be the person _ s whose name s are subscribed 4**4444+***4444*4+*4444444444 m to the within instrum acknowledged that 4
executed the :
OFNCIAL SLAL sa :
I
BETTY J. HIRSTEIN NOTARY PUBLIC - CACIFORNIA ;
i
ORANGE COlJNT’r ,, * P Commission Erpiren Jul. 15,1980 c l *4+*4**4*4*4oerr*4
Name (Typed or Printed)
(This arm far olllcill notulml wal)