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Home My WebLink AboutBP 77-192; Hobmann, Marcus and Lorien; 77-179077; Future Improvement Agreement/Releasel @r r r< : 'I< : . . c; I i ’ T. * - 1, - I, j_; L s _ TED B\ ~440 > 1324 fw/PAOe MO. 4-.,,. y.'.-,;/' b:~~:~\~E5' IQ, 1 i TO. City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 ai. CItY CLERK HAV 11 8 34AH”?/ -- -.--- OFFICIAL R ECUROs SAN 01E00 CWNTY,CA~IF. HARLE’r F. BLOOM _---___ Space above this 1 i ne for %%@%&r’s use . rans’fer tax: $No fee NO IEE Sig’nature of d t determining tax- firm name City of Carlsbad Parcel No. 215-270-27 . CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS . -- -_______ -- THtS AGREEMENT is made by the C’ity of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Marcus S. Hobmann and Lorien M. Hobmann, husband and wife as h joint tenants with right of survivors6ip ereinafter referred to as “Proper- t f’ Owner”. REC I TALS : --__ WHEREAS, Property Owner has applied to City for a Building Permit 77-192 fo!- ; he 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 sa id property suitable for development if certain public improvements hereinaf described are constructed and certain irrevocable offers of dedi are made to City; and wou 1 ter cat i d be 0 n WHEREAS, the Municipal Code of City, Chapter 18.40 requires -.3v;-s~: p ---- .- in)orovnEents and dedications as a condition of approval of this 31?i-l.--<-;Jr - Permit; and ;;’ :e ,ty p E .q s I Property Owner has requested said i3lJilding Fesicit be granted by City in advance of the time said improvements are to be made; and hJiERE.?1S , Property Owner, in consideration of the approval of . . . 3 0 77-M )i _- - I c 1325 . sj i d Building Permit desi r-es to enter into thi s agreement securing the construct ion of said improvements, and City has determ i nccl it to be In the pub1 ic interest to agree to t‘cmporarily postpone sa id const ruct ion; NOW, THEREFORE, IT IS AGREED between the parties hereto as fol lows: Section 1. ’ That City agrees to record any irrevocable offers of dedication made by Property Owner for Building Permit No. 77-192 Sect ion .2. That Property Owner, in lieu of making the here afte’r 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. 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 n- ‘. ~I said improvements before May g, 1975 o.t- within such further per od I . . of time as is granted by City, provided, however, that upon the happening’ of eit.her 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- setting streets oh both sides of the street upon which the property 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 : ‘. intersecting streets.on both sides of the street upon which the property herein.described has frontage, have petitioned the Ci.ty to form an improvement district for the improvement of said streets. . Said improvements sha 11 be made without cost or expense to- Ci t-y. City estimates that-the cost of engineering and construction of . I said improvements at the time of signing this contract is $400.00 . Property Owner hereby acknowledges that said cost is a. reasonable estimate of engineer;l:g and construct ion costs at this time and that t$c actual cost of same at some t imc in the future may exceed this est imatc, S cc 1: i o_n_.-JA That for the faithful performance of’thc protnlses and covenants herein contained, rt-opcrty Owner hereby grants to City J 1 ien upon the hereinafter described piopcrty ‘in the amount of $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 OwnFt-, 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- ,-. ..,I 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 o?.said improvements. In the event same is not paid within 30 days from completion, ‘City may foreclbse said 1 ien as provided by law for the foreclosure of mortgages. (b.) Direct the City Engineer to estimate the cost of necessary eng i neer i ng, and the work requ,ired to install and construct said improve- ments, and fbreclose said lien in said amount. (c) Pursue any remedy, legal or equitable (including those . specifically refeired to.herein), for the foreclosure of a lien, a6d the. Praperty Owner, his successors, h.eirs, assigns’, and transferees, shall be liable for reasonable attorney’s fees,as a cost in iaid> proceedings. Section 4. That it is agreed that anything herein contained to the coritrary notwithstanding, the promises and covenants made herein shall not be binding upon the holders, mortgagees, or beneficiaries of any purchase: money mortgage or put-chase money dee’d of trust for value which .has been or ilay in the futu r-c1 be executed. by the Property Owner, his’ successors, heirs, assignsr or .tra’nsfer’ees, and the 1 ien hereby created . . . shall be ‘and is hereby suborditiated to and declared to be inferior and subsequent in lien to the I ien of any such purchase money mortgage or purchase money deed cf 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 acquit-cd by or as a result of a foreclosure or ( ? 1 i . * . . 1327 trustees' salt of any such purcl~asc money mortgage or put-chase money deed of trust, SCC’t: ion 5. That at any time during the period herein provided, the Property Owner, his successors, heirs, a’ssigns, 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 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 happening or occurring to the work or improvements specified in this agreement prior to the completi.on 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, I . 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 improvements. Said Pro- ., perty Owner, and his ‘successors, heirs, Assigns, and ‘tt-ansferees; 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 Droperty Owner wi 11 at all times up to the completion and acceptance of said work and im- .I provements 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 inspection of improvements . as may be required by the City Engineer of City. Sect ion 8. This agreement and the covenants contained herein s hn 1 1 hc t:, i nd i nq ~lpon c~nrl i n11rc! t’o the henctfi 1’ of tI>e s~Iccc?ssors, heI t-s, . ( ‘I ) - assigns, and transferees of Property Owner, shall run wit-13 said real property, and’create an equitable servitude u’pob said real property. Sect ion 3. A description of ‘the property referred to herein and upon which said 1 icn is imposed is described as fol lows: \ Lot 87. of LA COSTA MEADOWS UNIT NO. 1, in the City of Carlsbad, County of San biego, State of California, according to Map ‘thereof No. 6800 filed in the Office of the County Recorder of San Diego County December 9, 1970. . xx . I xx xx xx xx .” xx ‘ . , l 1329 , -. . Section 10. The required improvements to he constructed and the. estimated costs thereof are as follows: . Improvements Estimated Costs 1. Sidewalk along Alga Road frontage $ 400.00 3 . . * 3. s 4. 5. 6. , . . -.1 TOTAL COST $ 400.00 Dated: m,@ c /477 / / CITY OF CARLSBAD, a Municipal ; b STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) ‘; On , 1977 before me the undersigned, a Notary Public r s'aid State, peisonally appeared Paul D. EUS sey , known 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: City Attorney . 2-ZEheEE-C OFFICIAL SEAL ,NO!?A K. GARDINER NOIAP “USLIC-CALIF: PRINCIPAL OFFICE IN SAN GIYiGO CLIuI’ITY i MY COMMISSION EXPIRES JAN. 2% 1980 ’ ----I-c-c-~z-c~*c~ 1 (Notarial acknowledgement of execution of owners must be attached). STATE OF CALIFORNIA COUNTY OF San Dies0 Otl May 5, 1977 > ss. 3 330 before me, the undersigned, 8 Notary Public in snd for said County and State, personally appeared Marcus S. Hobmann and Lorien M. Hobmann , known to me to be the persou- a whose name S are subscribed to the within instrument and acknowledged that they executed the s8me. ) Margdret P. Hughes Name (Typed or Printed) Notary Public in and for said County and State *.r............................* : OFFICIAL SEAL : MARGARET P. HUGHES: : NOTARY PUBLIC . CALIFORNIA : PRINCIPAL OFFiCE IN t SAN DIEGO COUNTY : MY COMMISSION EXPIRES MARCH I? 187s : ~lr~~......................~...~