Loading...
HomeMy WebLinkAboutBP 77-44; Mollod, Bernard and Cynthia; 77-157093; Future Improvement Agreement/Release‘* l 1. . . * W.COr?D!NG REQUESTED BY -AND ) t4HEN’ RECORDED MA IL TO: 1 ’ lgsc; ,’ City of Carlsbad 1200 E lm Avenue 1 ’ Carlsbad, CA 32008 \ - FILE/BAQE HO, - m-157093 - - ffQbK 1977 AECQRDEOREWESTQF &&4x- 40 PH ‘U M-FICIALRECOROS SANOtEGb CQUHI~~CALIF, Space above ‘this 1 i ne f ’ use . . $No fee NO FEE Signature of declarant determining tax- firm name City of Carlsbad Parcel No. 215-232-14 . . CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the city of Carlsbad, a municipal corpoiation, hereinafter referred to as “City”, and Bernadd Mollod and joint tenants Cynthia Mollod, husband and wife as / , hereinafter referred to a? “Proper- ty Owner”. RECITALS: * WHEREAS, Property Owner has applied to City for a Building Permit Number ?7-44 for ihe real pkopet-ty here ownership; and inafter descr Fbed, now under Property Owner’s . . , WHEREAS, it has ‘been found that said property. is not su?table for development in its present condition; however said property would be suitable for development if certain public improvements hereinafter described are constructed and certain irrevocab’le offers of dedication are made to City; and l ., .- 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 improveme'nts are to be made; and WHEWAS, Property Owner, in consideration of the approval of 0 .’ 7 7-M ‘-f I . . . . - ,.._ 1 * J 195’i . said Building Permit securing the construct desires to enter Into this agreement it to be in the public construct ion; ion of said improvements, and City has deter-m i ned interest to agree to temporarily postpone sa . id ’ NOW, THEREFORE, IT IS AGREED between the parties hereto as fallows: . . Section’ 1. ’ That City agrees to record any irrevocable offers of dedication made by Property Owner for Building Permit No. 77-44 Section-2. That Property Owner, in lieu of’making the herein- “’ .t after described improvements *before approval of said Building Permit is granted, agrees to’install and construct, or cause to be installed or cons t rutted, said improvements in accordance with plans and saecifi- 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 March 15, 1978 o,r 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\f 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 spec,ifications. . . . - _ (b) When owners of more than 50% of the frontage, betweeh .._ - ‘.. 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 . ) ,a: said improvements at the time of signing this contract is $600.00 . . ,\;, 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 promises 0) f” i, ,. A * - / ’ 3958 . . . . .,_ and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $600.00 , plus any future increases of cost in excess of this sum.resulting‘from increased engineering and construction costs, and in the event Property Owner, his s.uccessors, heirs, assigns, or transferees fail to install and construct said improvements 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 emp’loyees may enter upon any portion or portions of the piopcrty 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, hei rs, 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 foreclbse 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 requi red to i nsta 11 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 h&rein), for the foreclosure of a lien, and the Property Owner, his successors, heirs, assigns, and transferees, shall be liable for reasonable attornei’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 orpurchasemoney deed of trust for value which ha’s been or may in the’futur cj be executed by the Property Owner, his successors, heirs, assigns, or transferees, and the shall be and is hereby‘subordinated to and declared subsequent in lien to the 1 ien of any such purchase 1 ien hereby created to be inferior and money mortgage or purchase money deed of trust. The lien hereby created ‘shall likewise be of no force or effect against any owner whose tltlc to the property here- / :’ F .; : 1 : .,l I. .> : :- ,. . _. ‘. :- . . : : ./ : !. . . *. / ‘. 6. inafter described is acquired by or as a result of a foreclosure or (3) .I. L’ $ - n , - . 1959 4 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 p’rovided, 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 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 1 iable for any persons or property injured by reason of said work or improveme-nts, 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 h’is 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 ibn 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 public of any dangerous or defective conditions of pu.bl 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 bc blndlnq ltpon and inure to the benefit of the successors, hclrs, ( ‘1 1 ’ , :* i - . I .: .. :* \ , I . . .- w . . 1960 . assigns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. Sect ion 9. k description of the property referred to herein a and upon which said lien is imposed is described as follows: Lot 175.of La Costa Valley Unit No. 4, in the County of San Dieg6, State of Caifornia, according to Map thereof No. 5781, filed in thk office of the County Recoarder of San Diego County, September 14, 1966. xx xx xx. xx xx : * xx . (5) .- . ‘1 ., 7 *. . c . a* 3961 . Section 10. The required improvements to be constructed and the,estimated costs thereof are as follows: . , Improvements ' Estimated Costs 1. Sidewalk $ 600.00 2. 3. . 4. 5. l 6.’ r-ii * : . . TOTAL COST $ 600.00 ' Dated : +yq/77 Property Owner CITY OF CARLSBAD, a Municipal . Paul D. Bussey, STATE OF CALIFORNIA ) ) ss. . COUNTY OF SAN DIEGO ) . : On before me the undersigned, a Notary Public pe&onally appeared Paul D. Bussey, known to me to f the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument onsbehalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. , . . .- - WITNESS my hand and official seal.. -w - ; . APP.ROVED AS TO FORM: . NORA K. GARDINER (Notarial acknowledgement bf execution of owners mu&t be attached). -G- TO ,944 CA (8.74, (Individual) STATE OF CALIFORNIA , I%%? San Wego ss. COUNTY OF TITUZ INSURANCE AND TRUST t Oil April 21, 1977 before me, the undersigned, a Notary Public in and for said State, personally appeared Bernard Mollod and Cynthia Mollod ii I Y , known to me : to be the person$whose name- a re subscribed $ to the within instrument and acknowledged that- executed the same. WITNESS my hand and official seal. 24-2-e-u OFFICIAL SEAL NORA K. GARDINER NOTARY PUBLIC - CALIF. \ PRINCIPAL OFFICE IN SAN DIE60 COUNTY \ MY COMMlSSlON EXPIRES JAN. 2% 1980 \ #-4-C&2-C-C------- (This area for official notarial seal)