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HomeMy WebLinkAboutBP 77-217; Hops, Herbert and Gloria; 77-258971; Future Improvement Agreement/Release. . . , . f5399 - . . *RECORDING REQUESTED BY AE!D { WHEN RECORDED t4AlL TO: 1 City of Carlsbad 1 .’ 1200 Elm Avenue Carlsbad, CA 22008 . OFFICIAI. RECORDS SANDIEOaCOUNT'i,CALIF. HARLEY F.8lJlOM ClECOROER Space above this line for Recorder’s use ‘. NO FEE Documentary trans’fer tax: $No fee fq(L Signature of declarant determining tax- firm name City of Carlsbad Pa rce 1 No. 215 - 220 - 46 . . CONTRACT FOR FUTURE PbBLlC IMPROVEMENTS THIS AGREEMENT is made by the C’ity of Carlsbad, a municipal corpo-ia t ion, hereinafter referred to as “City”, and HSRF;::KT L. HOFS and GLORIA S. HOW'S , hereinafter referred to as “Proper- ty Owner”. RECITALS: . . WHEREAS, Property Owner has applied to City for a Building Permit f for il!e 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 Ruilding 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 I . . li . ‘- 1 -4 . . 241100 . . 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 agrke to temporarily postpone said const ruct ion; NOW, THEREFORE, IT IS AGF&ED 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 - 217 Section-2. That Property Owner, in lieu of making the herein- ‘. ‘3 after described improvements *before approval of said Building Permit is granted, agrees to‘install and co’nstruct, 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 said improvements before JULY 1, 1978 qr within such further period of time as is granted by City, provided, however, that upon :he happening of either of the following occurrence; said ;mprovements may, at the sole I election of City, be required to be made sooner than -said date or such l extended period o\f time which may have been granted by City: (a) When the City Council finds that- the owners’ of 40% or moie of the frontage, including the frontage of Property Owner, between inter- setting streets on 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 . .- inteisecting streets’on both sides of the street upon which the property h&rein 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 . 1; said improvements at the time of signing this contract is $646.00 . I : Property Owner hereby acknowledges that said cost. is a reasonable estimate of engineering 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 promjses (2) . I 1 i . 4 m . c. . 2101 .d and covenants herein contained, Property Owner hereby grants to City a li’en upon the hereinaftei described property in the amount of $646.00: , plus ‘any future increases of cost in excess of this sum resulting from .- ‘.’ increased engineering and construct-ion cost.s, 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- f ied herein, he agrees that City may do any or all of the following: (a) Have the necessary engineering for said improvements r 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 foreclbse said lien as provided by law for the foreciosure of mortgages. : (b) Direct the City Engineer to estimate the cost of necessary I 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 1 ien, 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 C. :, 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 9. successors, heirs, assigns, or transferees, and the lien hereby created _ shall be and is hereby subordinated to and declared to be inferior and ‘P 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 be . of no force or effect against any owner whose title to the property here- inafter described is acqutred by or as a result of a foreclosure or ?I (3) I - _. 3 . . .\ . . .’ . 2~?92 r -, 5 -? i trustees’ sale of any such purchase money mortgage or purchase money f: * .a deed of trust. . . 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 perfo.rmance 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’ cr responsible for any accident, loss or damage happen-ing 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 ag a inst, any and all claims, suits and liabilities of or to any person or roperty injured or claim- ing to be injured as a result of said work or P improvements. Said Pro- perty Owner, and his successors, heirs, assig s, and transferees, further _. agrees to protect said City and the officers : nd employees thereof from all liability or claim because of, or arising lout of, the use of any patent or .patented article in the constructio n of said improvements. .Sect ion 7. It is Further agreed th t said Property Owner wi 11 at all times up to the completion and accepta said work and im- , provements by the City, give good and.adequat warning to the traveling public of any dangerous or defective conditio s of pub1 ic property. The 1 Property Cwnec 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 be bInding upon and inure to the benefit of the successors, heirs, (‘4 ’ . * .-- __--- ~. . - A! .’ assigns, and transferees of Property Owner, shall run with.said real ,ez 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 deskribed as follows: Parcel 1: Lot ;%217, of LA COSTA VALLEY UNIT NO. 4, according to map thereof No. 5781, 'filed-in the Office of the County Recorder of San Diego bounty, September 14, 1966. Pa&e1 2: An easement for a Frivate driveway over, along and across the,Southerly 10.00 feet of lot 180 and the Northerly . 10.00 feet of lot 181 of LA COSTA VALLEY UNIT 170. t( * according to Map thereof.No; 5781, filed in the Ofrice of the County Recorder of San nie.go County, Sept. 14, 1966.. l . . (5) . - I. 1. I .-, _. . c -- ,--. L . . . , 24x . . . Section 10. The required improvements to be constructed and the. estimated costs thereof are as follows: , Improvements Estimated Costs 1) 520 S.F. of 4" P,C,C. si-dewalli c $1.05/S.FS 546.00 P!_iLump sum grading * 100.00 . . TOTAL COST $ 646.00 Dated: June 24, 1977 l Property Owner / , c CITY OF CARLSBAD, a Municipal STiTE OF CALIFORNIA ) . f;a=;;;I;ager _ ) ss. COUNTY OF SAN DIEGO ) On before me the undersigned, a Notary Public in peisonally appeared Paul D. Bussey, known to me to b e 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 -~z-c(.c-- OFFICIAL SEAL “r NORA K. GARDINER ! . . . NOTARY PUBLIC - CALIF. t PRINCIPAL OFFICE IN \ l SAN OIEGO COUNTY 1980 \ ION EXPIRES ‘AN. 2g* + E---J&.#-aZC----- (Notarial acknowledgement of execution of owners must be attached). -6- INDlVIDlJAL ACKNOWLEDGMENT ~~105 ____---.-__-----_.._----.---.----...---- (SEAL) --. NADINE M. JACKSON NOTARY PUBLIC - CALIFORNIA P-10s *-1,