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Home My WebLink AboutBP 77-184; Gibbs, Charles and June; 77-219258; Future Improvement Agreement/Releases’- ‘- t I) iI i; i I( i:, f’, [Q 11 i: 5 T E D G ‘{ - ; D ) I\L “\{jiCN iiECORDED I*‘& IL TO; ) City Of Cat-1Sbad I x37+ 1200 E llli Avenue 1 - Ca I- 1 sbnd , CA pootl b- P,LE,PAaL *;774m258 , h-wmr.-” BBOI( 1977 RICORDEBRIZQUESTOF u BIW CWRW JVN 6 9 ioW7’i T)FPICIALR!ZCOF'lDS SANOIEGO CDUN~Y+CAllF: ---.- I --_I---.-. Space above I- ?I i s 1 i ne f or &#!@&!$$$$Y -‘---I USC . D~~~,~~ax: $No i-ee NO FEE . .-- -. ---__ ---__ ~igrlatur-e of declarant determlnrny tax- f i rm name City of Carlsbad Parcel No. 215-220-03 -- ---_____- ---... __--_-__ -l_____-----_. --__----___---- --__ -_---- ---.-------.-A . CONTRACT FOR FUTURE PUBLIC I~~PROVIIVI;NTS .---____----________I_ ___-- .._-_ ____---_ THIS AGREEMENT is made by the di ty of Carl shad, a municipal t,’ - corpoiation, hereinafter referred to as “City”, and Charles V. Gibbs and June 0. Gibbs, husband and wife as joint tenants ty Owner” , RECITALS: .-- - . WHEREAS, Property Owner , hereinafter referred to as “Proper- has appl ied .to City for a Building Permit ~0, 77-184 for the real property hereinafter described, now under Property Owner’s ownership; a.nd f . . WHEREAS , it has ‘been found that said property is not suitable. for development in its .prksent. condition, however said property would he. 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 inlprovements 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 des i res to enter i nt-o this agreement * r; cc:.: r i z:” ,. h n r, 0 r; 7 + *- ’ : -.+-. YJ L #IL ,XC, ,1c: ,“‘I, c, 5s I” F ‘A Ix rn,,r,p-n -‘- -. .? ,I r : c , 1 “Yk,.‘.U~~\ -If LJ t ,u “iLy has dctcrq; , nail it to he in the public interest to agree to tzmporari ly postpone sa id const rut t i on; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: ._ Section 1. ’ That City agrees to record any irrevocable offers of dedication made by Property Owner for Building Permit No. 77-184 Sect ion ,2. That Property Owner, in lieu of making the herein- ,- -1 after described improvements. before approva 1 of sa id Building Permit is granted, agrees to‘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 demand so to do by City. Prqperty Owner shall not be requi red to make said itiprovements before June 1, 1977 o.r within such further period of *time as is granted by City, provided, however, that upon the happening of either of the fol lowing occurrences said improvements may, at the sole , election of City, be required to be made sooner than said date or such ; extended period oif time which may have been granted’by City: (a) When t-he City Council finds that the owners of 40% or more of the frontage, incl,uding the frontage of Propet-ty Owner, between inter- secting streets on both sides of the street upon which the proper-ty 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 : 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 improvements shal’l be made without cost or expense to C i t-y; City estimates that the cos*t of engineering and construction of . / said improvements at the time-of signing this contract is $656.00 s Property Owner hereby acknowledges that said cost,is a reasonable estimate of engineering and construction COSLS at this time and that ihe actual cost of same at some time in the future may exceed this estimate. Scctiqn 3. That for the faithful performance of the promises 0) t a nd covenn n t s he re i n cor~ta i ncd-, Property Owner hereby grants to City a 1 ien upon the hereinai’ter described property in the amount of $656.00 , plus any future incrc:,lses of cost in excess 0.f this sum resulting front increased engineering and construction costs, and in the event Property Owner, his successor-s, heirs, assigns, or transferees fai 1 to install and construct said impr.ovements 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 lnstal 1 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 pkoperty 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 t’he event same is not paid within 30 days from completion, ‘C’ity may foreclbse said lien as provided by law for the fo~eClOsui*e of mortgages. (b) Direct the City Engineer to estimate the cost of necessary engine.ering, 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’? 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 shal 1 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 futur0 be executed by the Property Owner, his successors, heirs, assigns, or transferees, and the lien hereby created shall be and is hereby subordinate‘d to and declared to .be inferior and subsequent in lien to the 1 ien of any such purchase money mortgage OI purchase money deed of trust. The lien hercb\/ created shall 1 ikewise be of no force or effect against any owner whose title to the property herc- Inafter described is acquired by or as a result of a foreclosure or (3) - . I . *I _ 13'75 t t-ustees’ sale of any such purchase money mortgage or purchase money c deer! c-3: triiSt ( 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 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 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 prpperty 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 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 .pate.nted article in the construction of said improvements. Section 7. It is further agreed that said Property Owner will at all t’imes 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 conditi0n.s 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 contalned herein * . shall bc blndinq rtpon and inure to the bencflt of the successors, heirs, ( Ii ) - , 13’26 assiqns, and transferees of Pfoperty Owner, shall run with said real property, and create an equitable servitude upon said real property. Section 9 1 A description of the property referred to herein and upon which said lien is imposed is desdribed as follows: Lot 150 of'La Costa Valley Unit No. 4, according to Map thereof No . 5781 filed in the Office of the County Recorder of San Diego L County on September 14, 1966. xx’ xx . --.. xx . xx , . r xx (5) 1377 . Section 10. The required improvements to be constructed and the. estimated costs thcrcof are as follows: i Improvements Estimated Costs -- - 1. 656,s.f. 4" P.C.C. sidewalk @ $l.OEi/sf $ 656.00 , Dated: TOTAL COST $ 656.00 CITY OF CARLSBAD, a Iaunicipal ;;rCx\T the State of BY \. O-1 /? .A. Paul D. Bussey, City Manager . STATE CF CALIFORNIA ) ) ss. C?OtiNTY OF SAN D P On before me the undersigned, a Notary Public i pe&sonally appeared Paul D. Buksey, known to me to e 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: ; City Attorney , ibRA K. GARDINER NOTARY PUBLIC - CALIF. PRINCIPAL OFFICE IN \ .SAN CILLD LOUiuTY My COMMlSSlON EXPIRES MN. 2% lgfo \ \ ---c4-2-c /-c-E-c---- . (Notarial acknowledgement of execution of owners must be attached). -G- 70 ,944 CA (8.74, (Individual) STATE OF CALIFORNIA ‘I 13’78 TITLE INSURANCE AND TRUST San Diego J ss. COUNTY OF On May 27, 1977 before me, the undersigned, a Notary Public in and for said State,personallyappeared C. V- Gibbs and June 0. Gibbs , known to me to be the personS whose name S are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. . . . . . . . . . . ..““““‘““““‘11111111111......!..~,,,,,,,,,,, OFF!CIAL SEAL Em LYPiblE RlEMER ; NOTARY PijSLiC C’>Li’zORN!A E PRINCIPAL OFFICE IN $ SAN DIEG3 COijNTY E = Signature (This area for official notarial seal) -