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HomeMy WebLinkAboutBP 77-266; Lekawa, Henry and Carol; 77-246939; Future Improvement Agreement/Release.- ,iD I NG REQUESTED E -AND ) F- 77446939 'PAGE NO .P.-. . ,N RECORDED MAIL TO: 1 600K1977 c. xY City of Carlsbad 3s1; . RECOROEOREQUESTOF ‘1200 Elm Av-enue 1 ADDRESSEE Carlsbad, CA poo8 ? J&Z 9 26 IN’77 1. .I OFFICIALRECORDS SANDlECDCDUNTY.CALIF‘, HARLF;YF.rJLOOH Spaceabove”Recorder’s use I Documentary transfer tax: $No fee W FEE fHC Signature of declarant determining tax- firm name City of Carlsbad Pa reel No. 215-220-51 . . CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the <ity of Carlsbad, a municipal . corporation, hereinafter referred to as “City”, and Henry J. Lekawa and Carol L. Lekawa, husband and wife as joint tenan& hereinafter referred to as “Proper- ty Owner”. RECITALS: . WHEREAS, Property Owner has applied to City for a I Building Permit 77-266 for the 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 su i tab1 e for development if certain pub1 ic 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 . . : -,. .- - . c _ 352 l . 1 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 agree to temporarily postpone said i const rut t i on; NOW, THEREFORE, IT IS AGREED between the parties hereto as . follows: - .z Section 1.’ That City agrees to record any irrevocable offers of dedication made by Property Owner for Building Permit No. 77-266 I_ Sect ion -2. That Property Owner, in lieu of making the herein- ‘. -1 after 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 said improvements before July 15, 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 improvements may, at the sole , election of City, be required to be made sooner than .said date or such I 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) .Whe-n 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 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 . I .’ said improvements at the time of signing this contract is $569.00 . ;. I,, Property Owner hereby acknowledges that said cost .is a reasonable estimate of engineering and construction costs at this time and that the II actual cost of same at some time in the future may exceed this estimate. Section 3. That for the faithful performance of the promises (2) . I' . _ A1 . .- s ,. , .- - . . I . c 353 and covenants herein contained, Property Owner hereby grants to City a li’en upon the hereinafter described property in the amount of $569.00’ , plus ‘any future increases of cost in excess of this sum resulting from increased engineering and construct-ion costs, and in the event Property Owner, his successors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time speci- I f ied herein, he agrees that City may do any or all of the following: ta! 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 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, ‘City may foreclose said lien as provided by law for the foreclosure of mortgages. (b) Direct the City Engineer to estimate the cost of necessary engineering, and the work required to install and construct said improve-’ i 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’s fees as a cost in said-proceedings. .Section 4. That it is agreed that anything herein contained to ‘, 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 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 1 ien of any such purchase money mortgage or purchase money deed of trust. The llen hereby created shall likewise be of no force or effect against any owner whose title to the property here- inafter described 1s acquired by or as a result of a foreclosure or s: (3) . l ’ - I - ,. ._... 3 . l . ! C’ 351~ trustees’ sale of any such purchase money mortgage or purchase money . ‘! deed of trust. . . . 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 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 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 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 liable 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, a’nd 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 improvementsi - 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 g&adequate warning to the traveling public of any dangerous or defective conditions 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 contained herein . shall be bindfnq upon and inure to the beneflt of the successors, helrs, ( ‘I 1 * . I . I .J’ -. i . . . r. 35.5 . assigns, and transferees of Property Owner, shall run with.said real property, and create an equitable servitude upon said real property. Sect ion 9. A description of the property referred to,here\n and upon which said lien is imposed is dekribed as follows: Lot' 222 of La Costa Valley, Unit No. 4, according to Map '. thereof No. 5781 filed in the Office of the County Recorder of San Diego County-, September 14, 1966. xx xx xx xx . l ? xx xx xx xx . : I ., . 1. I.,. r 4 . . C. 356 a . Section 10. The required improvements to be constructed and the. estimated costs thereof are as follows: , Improvements 1. 447. s.f. A,- Lump sum Estimated Costs of 4" PCC sidewalk @ $1.05 $ 469.00 grading * 100.00 . . TOTAL COST $ 569.00 Dated :+/4/p99 CITY OF CARLSBAD, a Municipal STATE OF CALIFORNIA ) . ) ss. COUNTY OF SAN DIEGO ) On ue iv, /977 before me the undersigned, a Notary Public in and for Said State, 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. . WITNESS-my hand and official seal. &PROVED AS TO FORM: - . OFFKIAL SEAT- . NORA K. GARDINER NOTARY PUBLIC-CALIF. \ ’ PRINCIPAL OFFICE IN ) SAN WEGO COUNTY \ MY CfhWISSION EXPIRES JAN. 29, 1980 I -----,.zzze~-l)rc~J (Notarial acknowledgement of execution of owners must be attached). - TO ,944 CA (8.74, (Individual) STATE OF CALIFORNIA a TlglytANCE , known to mk to be the perso-whose name3 subscribed to the within instrument and acknowledged tha executed the same. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,~,,,,,lllll~lllllllll~,,,,,,,,,ll:l~~llllllllll~~llilllllll~~~~~~~~~~~~~~~~“‘~ OFFICIAL SEAL E WITNESS my hand and official seal. CHARLENE MARIE HUFF : Signature NOTARY pck?,LlC CALIFORNIA $ PR!F:CI?AL OFFICE IN f ORANGE COUNTY = 5 ission Expires Jan. 13, 1980 ; ,,,,,,,,,~,~,,,~,,,,,,,,,,,,,~,,,,,,,,lll~llllllllllllllllllllillll~~~~~~~~~~~~~~~ (This area for official notarial seal) -