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Home My WebLink AboutBP 77-240; Hall, Alvin and Margaret and Donald and Barbara; 77-212679; Future Improvement Agreement/Release. . . ’ i (, i) g [; 1 1 : 1.; ii 1: Q c; I: 5; T [ [J t’j ‘!i - : 3 ) ;a: 1-j c 1; f< E c cli: 0 L I) i,‘t!G i L 3 0 : ’ . > )664 c i 1 y of Carl sbnd j . 1201, E li!i Avenue c a i- 1 5 t.j;.l d $ CA 5jz.008 ; \ * FILE/PAGE “;77-z12673 . m-- tj0QK 19113 RECOROEO REWEST CF .-ESSEE JUN 1 11 08 aH”li j. lFi;ICIAL RECDHOS > SAN II I t: iii Cl C: 14 L: N ? ‘r’ t i: A i. I F , . ..----_---- ______ _ _____- --._- ----.-_----. ------_---_-- space above USC2 . -.. D?zt~ tax: $No fee NO FEE firm name City of CarIsbad Parcel NC. 215-260-24 --__-- . . CONTRACT FOR FUTURE PUBLIC I~‘IPROVEMENTS -- --___- THIS AGREEMENT is made by the c’ity of Cat-Isbad, a municipal corpor’ation, hereinafter referred to as “City”, and Alvin E. Hall, Margaret L. Hall, Donald G. Hall, and Barbara N. Hall , her-einaft-ctr referred to as “Proper- ty Owns r”, REC I TALS: ---.__--- . WHEREAS, Property Owner has applied to City for a Building Permit For the real property hereinafter described, now under Properry C\Yi7ki-‘1 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 'certain improvements and dedications as a condition of Building Permit; and 18.40 requires approval of this 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 , ’ . : F ,665 , said Building Permit desires to enter into this agreement rr.ca ,: dL.bJI ,iYg the conzt: r;;ct i i3i-l of ;;: id iZ:prO’k~CZCilt-5, 2nd C i ‘;y t;C;S detCrfi;i il(.:(j it to be in the public interest to acjrce to tc3nporarily postpone said cons? 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. 77-240 Sect ion ,2. That Property Owner, in lieu of making the herein- ,. ; after described improvcments.before approval of said Building Permit is granted, agrees to ‘instB11 and construct, or cause to be i nstal led or constructed, said improvements in accordance with plans and speci-fi- 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, ,. 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 o? time which may have been granted by City: (a) When the City Counci 1 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. r (b) Whe-n owners of more than 50% of the frontage, between - intet’secting streets 0; both sides of the street upon which the property herei n described has frontage, have petitioned the City to form an improvement district for the improvement of said streets. Said improvemetits shall be made without cost or expense to . City. City estimates that the cost of engineering and construction of . t said improvements at the time of signing this contract is $1,200:00 . Property Owner hereby acknowledges that said cost.is a reasonable estimate of engineerill and construction costs at this time and that: iile actual cost of same at SOIVC time In the future may exceed this estimate. Scci: ion 3 w-_------w- -2. That for the faithful performance of the promises (7) i . -a * . r’ \ 666 and covenants herein containedc, Property Op/ncr hereby grants to Ci ty a 1 ien upon the hcrei nai ter described property in tne amount of $1,200.00, plus any future increases of cost in excess of this sum resulting from increased engineering and constructjon costs, and in the event Property Owner, his s.uccessors, heirs, assigns, or transfcrces fail to install and construct said irqprovements 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 port ion or port ions 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 Ownet-, his successors, heirs, assigns, or transferees immediately upon completion of said improvements. I n t.he event same i s not pa id wi th i n 30 days from completion, ‘City may foreclbse said lien as pt-ovided 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- ment 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 nottii 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 be inferior and subsequent in lien to the lien 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 tit lc to the property here- inafter dcscribcd is acquit-cd by or as a result of a foreqlosure or (3) _ .# . -. ’ ./- ,* . . 667 t t-us toes’ sale of any such purchase money mortgage or purchase money c .I . . ~:c~,d ;;F trust. Sect ion 5. That at any time during the period herein provided, the’property Owner, his successors, heirs, .assigns, or transferees may I.. deposit a cash bond or post a surety performance bond satisfactory to the City to charge sa,id surety with the cost of said 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 sa id bond the ,C i ty 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 completion and acceptance of the came’, nor shall said City, nor any officer or employee thereof, be t iable for any persons or prqperty injured by reason of said work or improvements, i 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 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 ?nd acceptance of said work and im- . 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 as may be requi red by Sect ion 8. shn 11 hc hi nd i nq \\pon agrees to pay for such inspection of improvements the City Engineer of City. This agreement and the covenants contained herein and inure to the bcncfl t of the successors, hei rs, ( It > ..f e- I. 1. *. 1 . r r. i. 668 assigns, and transferees of Plfoperty Owner, sha 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 described as follows: Lot 81 of ia Costa Meadows Unit No. 1, in the County of San Diego, State of California, according to Map thereof No. 6800, filed in the Office of the County Recorder of Sati Diego County, December 9, 1970. xx xx . xx xx ” . . ” xx xx xx - ,. ,: . - , 669 . Section 10. The required improvements to he constructed and the, estimated costs thc:>rcof are as follows: Improvements Estimated Costs 1. 4" PCC sidewalk @ $l.O?-/LF $ 440.00 2. -.; 3' high concrete block.retaining wall 540.00 @ $g.Oo/LF , 3. Excavatibn @ $2.OO/CY 220.00 Dated: fl#\/ pJ- j~77 / /' ' TOTAL COST $ 1,200.00 &Gd--k.~ E /qI?& ypj!‘ \' ,x,LLF3. *4+ cc STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSRAD, a Municipal 1 ) ss. 1 On before me the undersigned, a Notary Public pe;sonally 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. I WITNESS.my hand and official seal. APPROVED AS TO FORM: . City Attorney 4-ZEe-4--CI, OFFICIAL SEAL. NORA K. GARDINER \ NOlAW PUBLIC- CALF. \ , PRINCIPAL OFFICE IN \ SAN LIEGO COuI’IIY 4 MY COMMISSION EXPIRES JAN. %lg*o \ \ EICZZ4Z-Z------- (Notarial acknowledgement of execution of owners must be attached). -G- - STATE OF CALtFORNIA !Et.j COUNTY OF ss. _ LOS jq*GKL 121 I On fin;’ ,$z 3 e3 y-r7 7 before rnc the undersigned, a Notary Public in and for said State: personally appeared& vi nl c. /q!qL c #RG4/?C:7- L /r&L L -. / 9Od/9LO 4. j/@A.k /39Ad’M&+? Al Mku known to me to be the personLwhose name2 subscribed to the within instrument and acknowledged that I* My Commission Expires February 2, 1981 -