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HomeMy WebLinkAboutBP 77-452; Jevremov, Victor & Anna, & Jevremov Dusan & Smilja; 77-375873; Future Improvement Agreement/Release; * . 1 .2x15 -EXORDING *REQUESTED BY J 3 ) WHEN RECORDED MAIL TO: 1 \ IE/PA';E MO. JE$rm!m 60011 1977 RECORDED REQUESTOF City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 i ~DRESSELT 1 i SfP 14 13 59 wri OFFICIAL RECORDS SAN [fiEG3 (~oUNT~~~CALIF. * Space above this line f& 's Use Documeztary transfer tax: $ No fee NO FEE Signature of declarant determining tax- firm name City of Carlsbad Parcel No. 215-460-24 ' e CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and Victor Jevremov and Anna Jevremov, Husband and Wife as Joint Tenants, as to an undivided l/z interest, and Dusan Jevremov and Smilja Jevremov, Husband and \Jife as Joint Tenants, as to an undivided l/2 interest, hereinafter referred to as "Property Owner". RECITALS: WHEREAS, Property Owner has applied to City for a Building Permit (Plan Check No. 77-452 ) 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 constructed and and; if certain public improvements hereinafter described are certain irrevocable offers of dedication are made to City: . 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 public interest said improvements, and City has determined it to be in the to agree to temporarily postpone said construction: 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 Own,er for said Building Permit (Plan Check Nude- 77-452 ) l 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 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 15, 1978 or within such further period of time as is granted by City, provided, however, that upon the happening of either of Section 2. That Property Owner, in lieu of making the hereinafter - 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- . setting 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 $ 2,153.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) 2247 and covenants herein conta i ned, Property Owner hereby grants to Ci ty a lien upon -the hereinafter described property in the amount of $ 2,153.00, * plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, and in the event Property Owner, hi’s s,uccessors, heirs, assigns, or tran’sferees fail to install and construct said.improvements in the manner and within the time speci- I 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 portion or portions of the property reasonably necessa,ry for said engineering and construction, and the entire cost and expense shall be charged against said property and payable dy said Property Owner, his successors, he.i rs, ass igns, or transferees immediately upon completion of said improvements. In the 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 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 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 futurr? be executed by the Property Owner, his successors, heirs, assigns, or transferees, and the 1 ien hereby created shall be and is hereby subordinated to and declared to be inferior a?d subsequent in lien to the lien of any such purchase money mortgage or purchase money deed of trust. The lien hereby created shall 1 ikewisc be of no force or effect against any owner whose tit lc to the property herc- inafter dcscrtbed is acquit-cd by or as a result of a foreclosure or . (31 2248 - trustees’ sale of any such purchase money mortgage or purchase money deed of trust. * Sect ion 5. That at any time during the per’iod 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 s,aid improvements; the c 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 portion 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 l.iabilities 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 liabilities of or to any person or property injured or claim- ing to be injured as a result of said work or improvements. Said Prd- 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 of improvements as may be required by the City Engineer of City. Sect ion 8. This agreement and the covenants contalned herein shal 1 bc hi nclinq lIpon and inure to the benefit of the s[Icccssors, hci I-S, ! ‘1 > ,_ .__ ’ r . _ .- . 2249 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 herein and upon which said lien is imposed .is desdribed as follows: Lo.t.6’71 of La Costa Meadows Unit MO. 4, in the County of San Diego, State of Califdrnia, according to Map thereof No. 7367, filed in the Off-ice:of the County Recorder of San Diego County, July 19, 1972. xx . xx . xx . xx 5 xx ’ . ” -- xx ‘* . xx xx Section 10. The required improvements to be constructed and the,estimated costs thereof are as follows: , Improvements Estimated Costs 1050 S.F. of 4" P.C.C. Sidewalk $ 1,103.oo 105 L.F. of 3' High Reta'ining Wall 1,050.00 . c Dated: _ '9 -;p- 7$ TOTAL COST $ 2,153.oo c - ' CITY OF CAFZSBAD, a Municipal STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) . On before me the undersigned, a Nctary 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. Notary Public APPROVED AS TO FORM: (Notarial acknowledgement of execution of owners must be attached). - f TO Ia44 CA to-741 ! (Individual) !!!a %Sl&WNlN;lANCE . t Y - I ! . !I 2 . f k 1 I j 1 i ! .r STATE OF CALIFORNIA I ss. AlqmaM-y CoomOF San Diego OR* September 8, 1977 before me, the undersigned, a Notary Public in and for said State, personally appeared .Tpvrn w I and Smilja Jevremov *, known to md to be the person ’ whose name?- are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and otlkial seal. ’ tnlli m ti omc!aI mtarht wrl) STATE OF CALIFORNIA -) COUNTY OF SAN DIEGO ) "* Ofl September 9, 1977 before me, the undersigned, the City Clerk of the City of Carlsbad, a city within the said County and State, personally appeared Paul D. Bussey known to me'to be the . itv Manager knmmxtQxBactxtQxhx$hexxxxxxxxxxxxxxxxxx the within Instrument, known to me to be t Instrument on behalf of the corporation therein that such corporation executed the within instru or a resolution of its board of directors. &.-the within