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HomeMy WebLinkAboutBP 77-141A; Wilson, Robert and Sharon; 78-052027; Future Improvement Agreement/ReleaseY. . -3’3 - FE~."c;i<DrNG KE~~T.lI?STED By FL,3 ) 784mmZ7 +!iEN RIXZOXJSD hIA.IL TO : * i ~.\kg/ P/GE KQ. - gQ~~wr8’ L REQOROE~ Rto;EsT OF __- City of Carlsbad 1200 Elm Avenu.e Carl shad , CA 92008 ----- 1 i . .! Space above this i ADDRESSEE kfj 8 9 4:. ?d’18 NO FEE ----- Documentary transfer tax: $ IJo fee FuL Signature of declarant determininq tax- firm name City of Carlsbad Parcel No. 203-182-04 -- -.-- -- CONTRACT FOR FUTURE PUBLIC IMPROVEMEXTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City",'and Robert W. Wilson and Sharon L. Wilson, husband and wife, as joint tenants hereinafter referred to as "Property Owner”. RECITALS: m--m- WHERZAS, Property Owner has applied to City for a Building Permit (Plan Check No. 77-14lA ) ___-_ for the real property hereinafter described, now under Property Owner's a~:-;,i :hip; and VTI-IEREAS, it has been found that said property is not suitab1.e for development in its present condition; however said property would be suitable for development if certain public improvements hereinaf-ter described are constructed and certain irrevocable offers of dedication are made to City; and; WHEREAS, the Mnicipal 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; 4 and 'iibZ"c gJzJ!s I brrrCr~-r O\,Jp&er, LI"Jy .ALJ in consideration of the appro~:nl of said Euilding Permit desires to enter into this agreement securing the construction of said improvements, and City has determined it to be in the publ.ic interest to agree to temporarily postpone said construction: - .- - follows: NOW, THEREFORE, IT IS AGREED between the parties hereto as Section 1. That City agrees to record any irrevocable offers of dedication made by Property Owner for said Building Permit (Plan Check . Number 77-14lA ). - Section 2. That Property Owner, in lieu of making the hereinafter 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 specifications 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 June 1, 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 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 frOlitacj-5, incl-tiding the frontage of Property Owner, between intr:- setting 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 sp'ecifications; (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 $8,883.00 . hereby acknowledges that said cost is a reasonable estimate and construction costs at this time and that the actual cost of same at some Section 3. time in the future may exceed this estimate. 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 $ 8,883.OO , 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 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 por,tions 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 said improvements. In t’he event same is not paid within 30 days from completion, ‘City may foreclose s’8id lien as provided by law for the foreclosure of mortgages, (b) Direct ttie’ City Engineer to estimate the cost of necessary eng i neer i ng, and the work requi red to install 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 to the contrary notwithstanding, the promises and covenants made herein sha 11 not be binding upon the holders, mortgagees, or bcnefi.ciaries 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 lien to the 1 ien of any such purchase money mortgage or purchase money deed of trust. The lien hereby created shall likewise bc of no force or effect against any owner whose tit lc to the property hcrc- inafter described Is acquired by or as a result of a foreclosure or (3) h . . - . trustees’ sale of any such purchase money mortgage or purchase money deed of trust. Sect ion 5. That at any time during the period hcrcin 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 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 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 1 iable’ 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 liabilities 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 saidCity 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. Sect ionA It is fur-ther 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 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. Sect ion 8. This agreement and the covenants contained herein sha 11 he bf ndi nrl rIpon ,>nd Inure to the hcncf t I: of the sllccessors, hcf rs, ( II ) , * a e - *, ts31L assigns, and transferees of Property Owner, shall 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 destribed as’ follows: Lots' 33, 34 and 35 of Seaside Lands, in the City,of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921. . . . .I. . ’ . * Section 10. The required improvements to be constructed and the.estimatcd costs thereof are as follows: Xmprovements --_I_ Roosevelt Street: Deep root control barrier ' Remove existing curb and gutter Remove existing sidewalk and/or driveway Install standard 6” curb and gutter Install 4” PCC sidewalk . . Install 6” PCC driveway Subtotal 12% engineering and contingencies Total Madison Streeti Deep root control barrier Remo5.e existing curb and gutter Remove existing sidewalk and/or driveway Insi& standard 6" curb and gutter Install it" PCC sidewalk - Install 6" PCC ,drive;yay Subtotal 15% engineering and contingencies 'Total GfAND TOTAL . Estimated Costs 5 .each $ 925.00 19 L.F. . 114.00 9'85 S.F. 542.00 19 L.F'. 95.00 255 S.F. 268.00 730 S.F. 1,095.oo $3,039.00 456.00 $3,495.00 6 each $1,110.00 26 L.F. 156.00 1915 S.F. 1,053.oo 26 L.F. 130.00 1415 S.F. 1,486.OO $00 S.F. -750.00 $4,685.00 703.00 p;5,388.00 $8,883.00 CITY OF CAKLSBAD, a Municipa: STATE OF CALIFORNIA ) ) ss. CObNTY OF SAN DIEGO ) c On 7 c /9w before me the undersigned, a Notary Public in and f sa'id State, pe:sonallp appeared Paul' D. Buksey , known to me to be the City Manager of the City of Carlshad, 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. . . Notary Public & ;;;okaritJ ackno-dleclgement of execution of owners must be attached). -c,- . _. _ -,.._ ..-_.,-- .^ -- 1 ._ “. __ .I__ STATE OF CALIFO IA Y COUNTY OF--.-- an Diego on January 18, 1978 ss. before me, the undersigned, a Notary Public in and for said County and State, personally appeared Robert R. Wilson and Sharon L. Wilson , known to me to be the person S -whose nam Lsubscribed to the within instrument and acknowledged that they executed the same. FOR NOTARY SEAL OR STAMP BONNfE 1. SAMPLE NOTARY PUBLIC - CALlFORNlA