HomeMy WebLinkAboutBP 77-318; Minnich Investments; 77-223965; Future Improvement Agreement/Release. -
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8001( 1977 REfSIROED REQUEST OF -.. L~ocurni-tni a 2-y t ra ns-fc r tax : $140 I-ee
wd!ki?d CrrY CLERK E+cI- - -.---- __ ._._-.-.--._---.--.
JUN 6 9 06 w77 S rcjnatu re of- dcclarant deternii ni ng tax-,
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City of Carlsbad
NO FEE Parcel No. 156-130-17 ----_.~ .__. --_- I_-. -__--__--_ ----__-l---__--_ __---l__- -_.--_-I- .
CONTRA.CT FOR FUTURE PUBLiC ll/iPRCiVEi;lEiLITS --_-_-__ __--___-
THIS AGREEMENT is made by the c”ity of Carlshad, a municipal
corporation, hereinafter referred to as “City”, and Minnich Investments #l,
a limited partnership ~ hereinafter referred to as “Proper.-
t y ObJrle r’l .
REC I TALS: -----_
for the real property hereinafter described, now under Property Owner’s
EREAS) Property Owner has applied tc City for a
Building Permit ~0. 77-318
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 at-e 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
.
said Building Permit desi t-es to en’tet- into this agreement
* -- si:ct:r i a,g the P~.-.CI. “*or 9 * r.w \-“#I., , , ,JL‘ I ‘dil ,G f :A I; CT I L.. ~x~~~*\~zY::zz:>;) ~;;3 C it’)’ hr~~ dctcrmi ;ii:c!
it to be in the public interest to agree to tcmporarily postpone said
cons’t rut t i on;
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. 77-318
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 Engineet- within 60 days after written
demand so to do by City. Property Owner shall not be t-equi red to make
said improvements before June 1, 1978 o.t- within such further period
of time as is granted by City, provided, however, that upon the 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 o? 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
herein described has frontage, have pet it ioned the City to form an
improvement district for the improvement of said streets.
Said improvemerits 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 $1,642~.00 .
Property Owner hereby acknowledges that said cost ‘is a reasonable
estimate of engineeritlg and construction costs at rhis time and that ;CIC
actual cost of same at some time in the future may exceed this estimate.
Section 3. That for the fa i thfu 1 performance of the prom.i ses
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i 2El5
and covenants here i n cotlta i ncd,, Property Owner hercby gt-ants to City a
1icn upon the! hcrcinal ter descrrbed property in the amount of $1,642.00,
plus any future increases of cost in excess of this sum resulting front
increased engineering and constructjon costs, and in the event Property
Owner, his successors, heirs, assigns, or transferees fail to install
and constt-uct said improvements in the manner and within the time speci-
f ied het-ei n, he agrees that City may do any or al 1 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 t’he event same is not paid within 30 days from
completion, ‘C’ity may foreclose 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-
ni.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 attorney’s fees as a cost in said* proceedings.
Sect ion 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 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 transferee’s, and the lien hereby created
shall be and is hereby subordinated to and declared to be inferior and
subsequent in 1 ien 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
(3)
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286
trustees’ sale of any such purchase money mortgage or c d c c i: IIF trust.
Sect ion 5. That at any time during the per
purchase money
ided, iod herein prov
the ‘Property Owner, his successors, heirs, assigns, or transferees may . .
deposit a cash bond or post a surety performance bond sat isfactory 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,
an! 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 r&lease 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 1 iable’ 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., not-
shall said City, nor any officer or employee thereof, be 1 iable 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 1 iabi 1 ities of or to any person or property injured or claim-
ing to be injut-ed 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.
Sect ion 7. It is further agreed that said Property Owner will
at all times up to the c6mpletion and acceptance of. said work and im-
provements by the City, give good and adequate warning t6 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 contal ned herein
shall hc binding lipon and inure to the bcncfit of the successors, heirs, ( II >
.
P r
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. 287
assigns, and transferees of P~~operty Owner, shall run with said real
property, and create an equitable serv
9. Sect ion A description of
and upon which said lien is imposed’is
The northwesterly 60.00 feet
itude upon said real property.
the property referred to herein
described as follows:
of Lot 9 of Wilsonia Tract, in
the City of Carlsbad,' County of San Diego, State of California, accqrding
to Map-thereof No. 2169, filed in the Office of the County Recorder of
San Diego County, August 13, 1929.
xx
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xx
XX
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xx
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Section 10. The required improvements to be constructed and
thc,estimated costs thzrcof are as follows:
Improvements Estimated Costs
1. 24" A.C. Pavement -..
2. 4" Base
3. 6" curb & gutter
4. 4" P.C.C. si'dewalk
5. Portion of street light cost
6. Grading
7. Engineering & contingency
1,110 s.f.
1,110 s.f.
60 1.f.
300 S.f.
60 1.f.
4.S.
(15%)
$ 333.00
278.00
270.00
315.00
132.00
100.00
214.00
Dated:
TOTAL COST $ 1,642.OO
CITY OF CARLSBAD, a Municipal
STATE OF CALIFORNIA ) ) ss, COUNTY OF SAN DIEGO )
Paul D. Bussey, ity Manager .
On RI- I Notary Public in p 77 before me the undersigned, a nd for said State, peisonally appeared Paul D. Bussey, known to me to b 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. ._ .' /'
l
.I
.
APPROVED AS TO FORM:
. Gx~r-~
NORA K. GARDINER
NOtAR> PUBLIC-CALIF. \ .
PRINCIPAL OFFICE IN \
SAN DIEGO COUNTY
MY COMMISSI’ON EXPIRES JAN. 2%,1980 I \ z-z.cI)zz~a---c
(Notarial acknowledgement of execution of owners must be attached).
-
, the undersigned, a
known to me
to be &‘wA of the partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same.
Signatur
Name (Typed or Printed)
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
;:!-FICIAL SEAL
,f.Vi . ” a’.lC - CALIFORNIA
PttK;!ilt’,Zi OFFICE ,N
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