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HomeMy WebLinkAboutBP 77-51; Brockmann, Louis & Marion; 77-190390; Future Improvement Agreement/Releaseq&D I& REQUESTED P-” AND 1 ’ 1% \;H~N ‘REt&DED MA 1 L TC’- 1 City of Carlsbad {iiEii’AGE NC. ___-__ 60!jK 197? F!ECORCECREIlUESTOi 120b Elm Avenue i ADDRESW Carlsbad, CA 92008 #Al 18 8 57 4H ‘l/ S-pace above ;thi s 1 i ne for * use . , firm name $No Fee NQ FEk ---. etermr ni ng fax- City of Carlsbad Parcel No. 210-ll’j-14 . . CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the ?ity of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Louis 0. Brockmann wife as joint tenants and Marion 0. Brockmann, husband and/ , hereinafter referred to a: “Proper- t y Owne r” , RECITALS: - * WHEREAS, Property Owner has applied to City for abuilding Permit No. 77-51 for the real property hereinafter descri-bed, now under Property Owner’s ownership; and . . 1 WHEREAS, it has ‘been found that said property. is not suTtab1e for development in its present condition; however said property would be suitab.le for development if certain public improvements hereinafter described are constructed and certain irrevocable offers of dedication are made to City; and . : _ _ _.._. _. .-.-- ____ ._.. ..- WBEREAS, 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 ti.mG said improveme'nts are to be made; and WHEREAS, Property Owner, in consideration of the approval of * . 661 . . _ - 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 const ruct i on; . NOW, THEREFORE, IT IS AGREED between the parties hereto as fallows: . . Sect ion. 1. ’ That City agrees to record any irrevocable offers of dedication made by Property Owner for Building Permit No. 77-51 Section-2. That Property Owner, in 1 ieu’of’making the herein- 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 saecifi- cations 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 May 20, 1.978 qr within such’ further period of time as is granted by City, provided, however, that upon the happening of either of ttie 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 C,iFy: : (a). When the City Council finds that the owners of 40% or more . of the frontage, includ ing 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, 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 . said improvements at the, time -of signing this contract is $1035 . l Property Owner hereby acknowledges that said cost .is .a reasonable estimate of engineering and construction costs at this time and that the ,+ . ‘. .; : :. I-‘; t c: ‘/ I . ;: 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) I’ , . . . . I ~C ‘. 662 . and covenants herein contained, Property Owner hereby grants to City a 1i’en upon the hereinafter described property in the amount of$1035 , 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 iqprovements 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 portionor 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 t’he 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- .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 li-en, and the Property Owner, his successors, heirs, assigns, and transferees, shall be liable for reasonabl’e attorne’y’s fees as a cost ‘in said*proceedings. Sect ion 4. That it is agreed that anything herein contained to ” li. 4. r I I . ,: .- .: _’ . y :. : ‘: : ^. 3 . y. 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 ha’s been or may in the’futur e be executed by the Property Owner, his successors, heirs, assigns, or transferee’s, and the lien hereby created . 1 shall be and is hereby’subordinated to and declared to be inferior and . subsequent in lien to the lien of any such purchase money mortgage or ‘,I 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 dcscrlbed Is acquired by or as a result of a foreqlosure or : ’ ‘. (3) , . . 1 . . . .I 1 i l . 663 , trustees’ sale of any such purchase money mortgage or purchase money deed of trust. . , .i 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 pos,ting 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, f.rom 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 1 iable’ or responsible for any accident, loss or t- damage happen.ing or occurring to the work or improv.ements 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 ‘.I 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 .i 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 Pro- . Y 1 perty Owner, and his successors, heirs, assigns, and transferees, further : - i. .c 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 completion and acceptance of said work and im- ; provements by the City, give good and adequate warning to the traveling pub1 ic of any dangerous or defective conditions of pu,bl ic property.’ The. ,: J Property owner hereby agrees to pay for such inspection of improvements \. as may be required by the City Engineer of City. s . Sect ion 8. This agreement and the covenants contained herein shall bc blndinq upon and inure to the bencf it of the successors, hel t-s, ( 4 1 P . . -ti 1 . . 661 assigns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said reel property. Sect ion 9. A description of the property refkrred to herein and upon which said ‘lien is imposed is deskribed as follows: , Lot 201 05 T erramak Unit #6, in the City of Csrlsbad, County of San.Diego, Stat6 of California, according to map thereof No. 4064, filed.'in the Office of the County Recorder'of San Diego County, &wary 27, 1977. x - X x X “x .“x . 1 X i .“x . X X X . . x x X . . x X X X X X . X X X X X X X X x x .x X . . X x X x X X : X X -_ ., X .X X X x ._ X . X A::. x -m .x - X : x . . X X X 1[;. . . X x . X X X x . : . X .“x I X X x.” _ . x. . ‘ x x ._ X . x - ‘X x .;, . .+ -- ‘: .x X x. . x .: x .X X X x x * X x t % X (5) X I . L . . c . . . . s . 665 . Section 10. The required improvements to be constructed and the, estimated costs thereof are as follows: , Improvements 1. Sidewalk along full street froFtage. (197.06 ft. x 5 ft. x $1.05/f-t.) . 2. 'Estimated Costs $1035 3. . 4. 5. _’ 6.’ : 1.3. : . TOTAL COST $1035 Dated: STATE OF CALIFORNIA COUNTY OF SAN DIEGO f*BiG-M . ‘L-3 /bQ-lfYi?- Property 'Owner CITY OF CARLSBAD, a Municipal On /I. 19 77 before me the undersigned, a Notary Public in and fi r sdid State, peisonally 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 onebehalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. \ . . WITNESS my hand and official seal.. .._ - .' . APP.ROVED AS TO FORM: . -4 -E-J- EESI QFFICIAL SEAL NORA K. GARDINER : NOTARY PUBLIC - CALIF. 1 PRINC-IPAL OFFICE IN ) , SAN MEG0 COUNTY , MY COdidiSSlQN EXPIRES JAN. 2% 1980 \ , ~c*I-cc---cs---4 . (Notarial acknowledgement of execution of owners must be attached). -c- f TO 447 c (Individual) 666 STATE OF CALIFORNIA I COUNTY OF San Diego > ss. On t May 13, 1977 State, personally appeared I ou i s pfOreBmq6 $ ;;d;$ne$ ; $oFA +jd$i~ inOa,nd for said z Rrockmann w 2 ii to he the person 2 whose name s a re __ subscribed I to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. Name (Typed or Printed) 7 , known to me 0 !I? -a- c,T~FZiZ.~ SEAL 7 NORA K. GARDINER NOTARY PUBLIC- CAtiF. i PRINCIPAL OFFICE IN \ 2 ’ .“SAN DIEGO COUNTY MY fXR&l]SSlON EXPIRES JAN. 2% 1980 ( 4 (This area for omcial notarial seal)