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HomeMy WebLinkAboutBP 77-124; West, Jack and Valerie; 77-279261; Future Improvement Agreement/Release*, 1 / ( ? 77-Z?3261 RECORDING REQUESTED By _ .,D ) fjLE/PAOE NO.,-‘-*’ WHEN RECORDED MAIL TO: BOOK 1977 RECOROEUREQWES701: City of Carlsbad iii&kkhW CLERK 1200 Elm Avenue 1 Carlsbad, CA 92008 1 JUL 13 9 22 bH’71 - 1 1 UFFlClAL RECORDS SAN QlEGO C~UNl'Y.CA!.lF: Space above this line for Record&fiti~@s@-~u~ RECORDEri Documentary transfer tax: $ No fee NO FEI Signature of declarant determining tax- firm name City of Carlsbad Parcel No. 204-160-08 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT corporation, hereinafter and Valerie A. West is made by the City of Carlsbad, a municipal referred to as "City", and Jack H. West, Jr. hereinafter referred to as "Property Owner". RECITALS: WHEREAS, Property Owner has applied to City for a * Building Permit. (Plan Check No. 77-124 ) for the real property hereinafter described, now 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 development if certain public 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 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 said 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 construction; . . Ir 900 NOW, THEREFORE, IT IS AGREED between the parties hereto as . follows: Section 1. of dedication made by Number 77-124 ). Section 2. . That City agrees to record any irrevocable offers Property Owner for said Building Permit (Plan Check That Property Owner, in lieu of making the hereinafter L described improvements before approval of said Building Permit is granted, agrees to install and construct, or cause to be installed or constructed, . I" said improvements in accordance with plans and specifications approved by the City Engineer within 60 Property Owner shall not be June 17, 1978 or days after written demand so to do by City. required to make said improvements before 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 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, 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 improvements to City specifications; (b) When owners of more than 50% of the frontage, between inter- secting 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 City estimates improvementsat , Property Owner of engineering improvements shall be made without cost or expense to City. that the cost of engineering and construction of said the time of signing this contract is $3,480.08 . hereby acknowledges that said cost is a reasonable estimate 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) . and covenants herein contained, Property Owner hereby grants to City a . . lien upon the hereinafter described property in the amount of $3,400.00, 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 s.uccessors, heirs, assigns, or transferees fai 1 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 * en 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, ‘C’ity 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- 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 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 orpurchasemoney deed of trust for value which has been or may in the futur e 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 lien to the lien 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 tit lc to the property here- W inafter described Is acquired by or as a result of a foreclosure or ,’ (3) / ’ .<d ,- i. I.“.’ go2 - 1 trustees’ sale of any such purchase money mortgage or purchase money deed of trust. . t ,5 * ‘5 i 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 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 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 1 iable 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 iabi 1 ities of or to any person or property injured or claim- ing to be injured as a result of said work or improvementsi Said Pro- perty Owner, and h.is 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 will 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 public of any dangerous or defective conditions of pub1 ic property. The Prooerty Cwner 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 bindlnq upon and inure to the beneflt of the successors, heirs, ( 11 1 - - , . . 1.. , . - )L % . 903 , _, assigns, and transferees of Property Owner, <hall run with said real property, and create an 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 desdribed as follows: All that portion of vacated first street lying between fractional Bibci fi & Block 29'in the townsite of Carlsbad, Map No. 535, lying S.W./ly of Chestnut Avenue and N.W./ly . of that parcel of land conveyed to R$chard R. Coe, et ux, by . . deed recorded May 27, 1947 in Book 2402, Page 299, of O.R.S. . xx xx . . . . . . xx .’ , -‘C ‘.. . ~ xx . xx . (5) 1 . _- .-__ -.--.. -- A-. . . ‘( l 8 ,.. _ . .-_. -. A : r . 904 . ,’ . Section 10. The required improvements to be constructed and the. estimated costs thereof are as follows: , Improvements ' Along Chestnut Avenue frontage: F% Concrete curb, gutter & sidewalk 2. Pavementr and base (full + street) 3.. Street Light Estimated Costs' $ ; 1,260.OO 1,040.00 1,100.00 . TOTAL COST Dated: STATE OF CALIFORNIA COUNTY OF SAN DIE _ CITY OF CARLSBAD, a Municipal 1 ) ss. . . ).a. .: On Notary Public in I/.# 1977 before me the undersigned, a aid State, pe&onally appeared Paul D. Bussey, known to me to ty 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. L . . WITNESS my hand and official seal. APPROVED AS TO FORM: City Attorney ,erc--e*ccccI.&‘#..e1 ‘JFFICIAL SEAL NORA K. GARDINER NOTARY PUBLIC - CALIF. \ PRINCIPAL OFFICE IN \ SAN UIEGO COUNTY L MY COMMISSION &PIRES JAN. 2% 1980 \ \ - - - - - a---- (Notarial acknowledgement of execution of owners must be attached). . 1 * . - -60 . ‘r I Individual) STATE OF CALIFORNIA COUNTY OF San Diego On July 8th. 1977 _- before me. the undersigned, a Notary Public in and for said State. perxmally appeared Jack H West, Jr. and Valerie A. West *-- , known to me to hc the prrson __ S s are whose name subscribed 111 ~lrt, within instrument and acknowledged that- they Carole A. Pennington Name (Typed or Printed) (This area for omcial notarial teal) -