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HomeMy WebLinkAboutBP 77-489; Reed, Alex and Sallie; 77-386342; Future Improvement Agreement/Release. RECOPDIRV';; .-a>< ,. PcQUESTED BY J-7 VyEN RECORDED WUL T3: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92068 925 f’;i;. AGE NO, .wm-------* iiQOK Il)‘t’T ~~~OR~wm!EO~~F @&&%!ClTY CLERK i Space above this NO Fk Documentary transfer tax: fwc . Signature of declarant determining tax- firm name City of- Carlsbad . Parcel No. 215-220-16 - CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and Alex Reed and Sallie Reed, husband and wife as Joint Tenants hereinafter referred to as "Property Owner". RECITALS: WHEREAS, Property Owner has applied to City for a Building Permit (Plan Check No. 77-489 ) _ 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 hereinafte.r described are constructed and certain irrevocable offers of dedication are made to City; and; . WHEREAS, the Municipal Code of City, Chapter 18.48 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; 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 y-489 ) . . Section 2. That Property Owner, in lieu of making the hereinafter 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 October 1, 1978 or within such further period bf 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 the frontage, including the frontage of Property Owner, setting streets on both sides of the street upon which the of 40% or more between inter- 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 $ 705.00 . . 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 Ci ty a lien upon the hereinafter described property in the amount of’ $ 705.00 plus *any future increases of cost in excess of this sum resulting froni increased engineering and construction costs, and in the event Property Owner, hi3 successors, 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 instil 1 and construct said improvements by contract or other- wise. City or its contractor 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 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 the event same is not paid within 30 days from completion, ‘C’ity 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- . merits, and foreclose.said lien in said amount. (c) Pursue any remedy, legal br equitable (including those specifically referred to herein), for the foreclosure of a lien, and the e 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 or purchase money deed of trust for value which has been or may in the successors, hei’rs, ass shall be and is hereby. futurp be executed by the Property Owner igns, or transferees, and the lien hereby subordinated to and declared to b.e infer Iii s created or and subsequent in lien to the lien 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 h’erc- lnaftcr described is acquired by or as a result of a foreclosure or (3) 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 syccessors, 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 sa‘id 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 zleposit 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-in9 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 afiy officer ‘or employee thereof, be i iabie for any persons or prpperty injured by rea.son 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 liabilities of or to any petson or property injured or claim- ing to be injured as a result of said work or improvements. Said Pro- perty Owner, and his successo;s, 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 wi 11 at al 1 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 dy the City Engineer of City. Sect ion 8. This agreement and the covenants contained herein 1 t of the successors, he1 rs, shall bc blndlnq lIpon and Inure to tp;Ibcncf I .’ . - . 929 assigns, and transferees of Property Owner, shall run w,i,th said real property, and create an equitable servitude upon said real property. Section 9., A description of the property referred to herein and upon which said lien is imposed is described as follows: . Lot 163 in La Costa Valley Unit No. 4, in the City of Carlsbad, . County of San Diego, State of California, 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 xx xx xx (5) xx : * - , i . 930 Section 10. The required improvements to be constructed and the.estimated costs thereof are as follows: , Improvements Estimated Costs 529 S.F. of 4" P.C.C. sidewalk $ 555.00 Lump Sum Grading ' 150.00 . TOTAL COST $ 705.00 . Dated: r I l C I . CITY OF CARLSBAD, a Municipal STATE OF CALIFORNIA ) ) .ss. COYTY OF SAN DIEGO ) 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 t-he City of Carlsbad, a Municipal Corpora'tion of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, anU acknowledged to me that such City of Carlsbad, California, executed the same. * WITNESS my hand and official seal. tiPROVED AS TO FORM: City Attorney Notary Public . (Notarial acknowledgement of execution of owners must be attached). -G- . I I - 1 t 1 P 2 . I 2 z * 1 I ’ to 1944 CA (0.74) ’ (Individual) SI-ATE OF CALIFORNIA COUNTYOF Sfi~ b*bE’ Q ss. ChJ SEQtm f$EL 11 I \m before me, the undersigned, a Notary Public in and for said State, personally appeared /? c E x 4 GE4 PNCB S#LLi& ktE&~ 9 , known to rni to be the persoewhose nameuubscribed to the within instrument and acknowledged that&’ executed the same. 4 WITNESS my hand and official seal. ’ ,,,,,,,,,,,,,1111111lllllllmllllllllllll” ; OFFICIAL SEAL E g’ Mary C. McCauley 2 NOTARY PUBLIC CALIFORNIA z PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Aug. 13, 1978 ‘1111’11111111111111~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~’~~~~~~~~,~,,~~~~,,,,,,,,,,,,,,,,,,,,,,~,,,,,,,,,, (Thb maa for official notarial seal) . STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) “- On September 20, 1977 before me, the undersigned, the City Clerk of the City of Carlsbad, a tit within the said County and State, personally appeared PAUL D. &SSEY known to me to be the Lity Manager arltNxxxxxxxxxxxxxxxxxxxxxxxx ~munc4ax~~tixhe:~x~xxxxxxxxxx x of thecorporation that executed the within Instrument, known to me to be the pecslDns:;~~,'~~xecuted the within Instrument on behalf of the corporation there$$',:y,Fg,,, a?i$,acknowledged to me 'that such corporation executed the within ins~~~~~i~~~~~~~~~t to its by-laws or a resolution of its board of directors..?:?3.. .*" : ~"~:~'~;:.'~<::~,. . .._. 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