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HomeMy WebLinkAboutBP 77-441; Cohen, Herbert & Eileen; 77-363040; Future Improvement Agreement/Release. . RECORDING REQUESTED BY , -3 ) MHEN REXORDED MAIL TO: ; City of Carlsbad 1200 Elm Avenue i Carl&ad, CA 92008 1 1885 77-363040 FiEIPAGE 52. ___c HNK 1977 REGORDEORE(1UESlOF 1 . 1 fjpb!l;l,5l. tiE?ORDS c;LHctl~~~ CCgW,CALIF. Space above this line for Ret NO FEt; Documentary transfer tax: $ No fee Signature of declarant determining tax- firm name City of Carlsbad Parcel No. 215-350-25 s CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation,'hereinafter referred to as "City", and' Herbert 1: Cohen and Eileen G. Cohen, .husband and wife hereinafter referred to as "Property Owner". RECITALS: WHEREAS, Property Owner has applied to City for a Building Permit (Plan Check No. 77-441 ) . 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 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 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 construction; - 1886 - 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 said Building Permit (Plan Check Number 77-441 1. described improvements before approval of said Building Permit is granted, agrees to install and construct, or cause to be installed or constructed, Section 2. That Property Owner‘, in lieu of making the hereinafter * said improvements in accordance with plans and specifications 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 September 1; 1978 or -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 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 improvements to City specifications; (b) When owners of more than 50% of the frontage, between inter- secting 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 City estimates improvementsat Property Owner of engineering improvements shall be made without cost or expense to City. . that the cost of engineering and construction of said the time of signing this contract is $ 1,159.OO . hereby acknowledges that said cost is a reasonable estimate 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 (2) and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of’ $ 1,159.OP ” plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, and inthe 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 itscontractor and his empl’oyees 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 the 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 install and construct said improve- engineering, and the work required to ments, and foreclose said lien in said (c) Pursue any remedy, lega amount. 1 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 cbvenants 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 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 declarbd to be inferior and subsequent in lien 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 tit lc to the property herc- inafter dcscrlbcd. is acquired by or as a result of a foreclosure or . . . - q 1888 - trustees’ sale of any such purchase money mortgage or purchase money deed .of trust. That at. any time during the period herein provided, . Sect ion 5. 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, 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 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 injured as a result of said work or improvements6 .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 public of any dangerous or defective conditions of public property. The Property Owner hereby agrees to pay for such inspection o,f improvements as may be required by the City Engineer of City, Sect ion 8. This agreement and the covenants contained hereln shall he bi ndi nq t~pon and i nut-e to the bcnef i t of the s[Icccssors, hcl t-s, ( ‘I J . , 1889 assigns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. Sect ion% A description of the property referred.to herein and upon which said lien is imposed is desdribed as follows: Lot.449 of La Costa Meadows Unit No. 3, in the 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. xx . xx . xx xx . xx . . . xx xx xx xx . (5) 1890 Section 10. The required improvements to be constructed and the. estimated costs thereof are as follows: - I Improvements Estimated Costs 1. 380 S.F. of 4" PCC Sidewalk $ 399.00 2. 76 L.F. of 3'- f Retain'ing Wall .* 760.00 TOTAL COST ,$1,159.00 Dated: LAG XY Pi73 / STATE OF CALIFORNIA COrjNTY OF SAN DIEGO CITY OF CARLSBAD, a Municipal the State of 1 ) ss. 1 * Paul D. Bussey,.City Xanager On before me the undersigned, a ' Notary Public in and for said State, peisonally appeared Paul D. Bussey, known to me to be the City Manager' of the City of Carlsbad, a Municipal Corportition 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. : Notary Public APPROVED AS TO FORM: (Notarial acknowledgement of execution of owners must be attached). -t-i- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 1891 CITY OF CARLSBAD 1 u . Ofl September 1,,1977 before me, the undersigned, the City Clerk of the City of Carlsb;?, aDcit within the said County and State, personally appeared . riy ussey known to me to be the person whose name 1s subscribed to the within instrument and acknowledged th~$$?$;.::.Y~ executed the same. , ,: /.A /I", . . . i ,.* *s";&y.;-, (,.&&~ '.: -"c>jT -t$ I-' '. h < '. : 7 # ~~~ MARGARET E. ADAMS City Clerk of the City of Carlsbad ---~ ’ TO IO44 CA (O-74) (hdividurl) STATE OF CALIFORNIA > ss. before me,%k undersigned. a Notary . !gji __ .__ _^ ‘tl-iLE INSURANCE AND TRUST Public in and for said to be the pet-so&whose to the within instrument and acknowledged tha executed the same. WITNESS my hand and ofkial seal. Siitur u,‘((,,“,I,,(,““~,(Iu ,,,,,, ll;b.l11o~~~~1~11~~~~~l*~~~ll~llllll~l~l~~’~~~~~w 5 2 z f z V~INCIPAL OFFICE IN 1 ’ Z e : SAf, D!;GO COUNTY : E 2 t = My ComMion Expires NOV. 29, 1980 = ii,,l,,l,,,l,,,,,,,, ,,,m* ,111 ,l1o,,II~~u**lIllllIlollllll)lmm)lu*i * (This irea for oliiclal lloluial seal) -.-_ .