HomeMy WebLinkAboutBP 77-238; Nor Co Homes; 77-232983; Future Improvement Agreement/Release‘t+ .
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b”*;iE&Di‘!;)G REQUESTED IX do >
WHEN RECORDED MAIL TO; > I 1
Cit.y of Carlsbad 1 ’
1200 Elm’Avenue
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FILE/PAGE H’d7-23- aoon i9T*“ . RECORDED REQUEST Of
7iziebd CITY CLERy
:
Carlsbad, CA 92008 &N bi 9 13iti’ll
QFFICIALRECOROS
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SAN DINGO CWWY,GAL~F. HARLEL F.YiGGq
Space above t h-line?-I s
use .
$No fee NO -FEE
firm name
City of Carlsbad
Parcel No. 215-380-02
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CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the C’ity of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and Nor Co Homes,
a partnership , hereinafter referred to as ‘“Proper-
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ty Owner”.
RECITALS:
. WHEREAS, Property Owner has applied to City for a
Building Permit No. 77-.238
for the real property hereinafter described, now under Property Owner’s
ownership; and m.
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
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said Building Permit desi r-es to enter into this agreement
---;;:g the ',c;r;j-rl,:ct ;or, r;f' d L. .._ , . / r;;c ; rf : :!rpr=:‘:cY!::?nt.s, ;::;:! c i ti' h2s dctcrxi Ci‘il
it to be in the pub1 ic. interest to agree to tc,nporarily post-pane said
cons’t ruct i on;
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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. 77-238
Sect ion ,2. That Property Owner, in lieu of making the herein- .I
after described improvements .before approval of said Building Permit
is granted, agrees to ‘inst2 11 and construct, or cause to be i nsta 1 led
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 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 tile 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 improve-
ments to City specifications.
(b) When owners of mot-e than 50% of the frontage, between
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intersecting streets on both sides of the street upon which the property
herein described has frontage, have pet it ioned the City to form an
improvement district for the improvement of said streets.
Said improvemetits shall be made without cost or expense to 1
City. City estimates that the cost of engineering and construction of + I
said improvements at the time of signing this contract is $549.00 .
Property Owner hereby acknowledges that said cost.is a reasonable
estimate of cngineerirlg and construction costs at this time and that :IIc:
actual cost of same at SOIMC time in the future may exceed this estimate.
Sect: ion 3. c__---- That for the faithful performance of the promises
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a nd covens’n t s he t-e i n conta i ned”, Property Owner hereby grants to City a
1 [en upon the hereinai tcr dcsct-lbcd pt-opet-ty 1r3 the amount of $549=00 ,
plus any future increlises of cost in excess OK this suin resulting from
increased engineering and constructjon costs, and in the event Property
Owner, his successors, heirs, assigns, or transferees fail to install
and construct said iqprovements 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 portions 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 the event same is not paid within 30 days from
completion, ‘City may foreclbse said lien as provided by law for the
foreclosui-e of mortgages.
(b) Direct the City Engineer to estimate the cost of necessary
engineering, and the work required to install and construct said improve-
m.ent s , 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 atto’rney’s fees as a cost in said,proceedings.
Sect ion 4. That it is agreed that anything herein contained to
the contrary not\Gi thstanding, the promises and covenants made herein shall
not be binding upon the holders, mortgagees, or beneficiaries of any
purchase: money mortgage or purchase money 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 b& inferior and
subsequent in lien to the 1 ien of any such purchase money mortgage or
of no force or effect against any owner whose
inaftcr described is acquired by or as a rcsu
(3)
purchase money deed of trust. The lien hereby created shall likewise be
title to the property here-
It of a forcc losure or
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t t-ustees’ , sale of any such pu l-chase money mortgage or pu r-chase money
c -1 J u:.cu Gi: trust.
Sect ion 5. That at any f ime 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 improveinents
.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 shal 1 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 liable 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 .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
pub1 ic of any dangerous or defective conditions of pub1 ic property. The
Property Owner hereby agrees to pay for sucl-I i nspcct ion, of improvements
as may be required by the City Engineer of City.
Sect ion 8. This agreement and the covenants contained herein
sha 11 bc hl nd i nq Ilpon and i nut-e to the hencfi t of the successors, hei t-s,
( ‘1 1
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assigns, and t rans-fcr-ces of Pr?ope rty Owner, sh.3 11 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 fol lows:
Lot.543 of La Costa Meadows Unit No. 3, County of San Diego,
State of California, 'according to Map thereof No. 7076 filed in the
Office-of the County Recorder of San Diego County, October 6, 1971.
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Section 10. The required improvements to bc constructed and
the estimated costs thi>rcof are as follows:
Improvements Estimated Costs
1. 380 s.f. of 4" P.C.C. sidewalk $ 399.00
2.., Lump sum grading 150.00
.
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Dated: 6 -.3 277
TOTAL COST $ 549.00
, CITY OF CARLSBAD, a Municipal
the State of ' c
S'r;ATE OF CALIFORNIA )
) ss. COUNTY OF SAN DIEGO )
ty Manager .
On OJ 7, /9Y7 before me the undersigned, a
hrotary Public in&nd for sa'id State, pe&zonally appeared Paul D. Bussey, .
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
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-~~ez~zc4z-~~ r& OFFICIAL SEAL t
NORA K. GARDlNER
NOTARY PUOLIC - CALIF.
PRINCIPAL OFFICE lt’J \
SAN DIEGO COUNTY \ EXPIRES J”“-~~~>\ e---E.&ZZ1CZZf
(Notarial acknowledgement of execution of owners must be attached).
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TO 442 c
i Partnership)
STATE OF CALIFORNIA 1
0 TI
I
1. COUNTY OF. San Diego
. On June 3, 1977 l ss.
, T before me, the undersigned, a Notary Public in and for said State, personally appeared ---
Lewis L. Chase w t I known to me w i: to be a partner of the partners of the partnership
z that executed the within instrument, and acknowledged to me u) that such partnership executed the same.
w
i: t0
z that executed the within instrument, and acknowledged to me u) that such partnership executed the same. 5 ‘ -,
1
WITNESS my hand and official seal.
Signature-.+%&Z- cT)
~@?7/-?J 8. C”&&rF
Name (Typed or Printed)
(This area for olllcial notarial real)