HomeMy WebLinkAboutBP 77-517; Kagen, Norman and Lenore; 77-404771; Future Improvement Agreement/Release0 $ *
RX:CC:I.RDXNC REQUESTED ES.-.ND ) X:HEN RECORDED MAIL TO: 1
City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
-. .)
Space above this line for Recorder's Use
ry transfer tax: $ No fee
Signature of declarant determining tax- firm name City of Carlsbad
Parcel No. 215-460-10
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City", and Norman Kagen and
Lenore R. Kagen, 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. 77-517 ) .
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
Permit; and
WHEREAS, Property
as a condition of approval of this Building
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
donBtruciioti of said improvements, and City has determined it to be in the
public interest to agree to temporarily postpone sa .id construction;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follpws':
Section 1. That City agrees to record any irrevocable offers
of dedication made by Property Owner for said Building Permit (Plan Check
Number 77-517 1.
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 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 Own&, 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
improvements at
Property Owner
of engineering
improvements shall be made without cost or expense to City.
that the cost of engineerzng and construction of said
the time of signing this contract is $ 800.00 . .
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
and covenants herein contained, Property Owne‘r hereby grants to City a
li’en upon the hereinafter described property in the amount of’ $800.00 .
plus any future increases of cost in excess of this sum resulting from
increased engineering and construction cost.s, and in the event Property
Owner, his s.uccessors, heirs, assigns, or transfcrecs fail to install
and construct said improvements in the manner and within the time speci- e
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 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 t’ransferees 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-
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 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, llis
successors, heirs, assigns, or transferees, and the 1 ien hereby created
shall be and is hereby subordinated to and declared to b.e 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 title to the property h’erc-
lnafter described is acquired by or as a result of a foreclosure or
trustees’ sale of any such purchase money mortgage or
de&d of trust. .
Sect ion 5. That at any time during the per iod herein prov ided,
purchase money .
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 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 happenjng or occuiring to the work or improvements specified in
this agreement prior to the completion and acceptance of the same, nor
shall said City, nor ar?y officer or employee thereof, be 1 iable for
any persons or prqperty 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 liabilities of or to any peison or property injured or claim-
ing to be injured as a result of said work or improvements; Said Pro-
perty Owner, and his succes’so;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 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 dy the City Engineer of City.
Sect ion 8. This agreement and the covenants contained herein
shall bc blndlnq rlpon and Inure to the benefit of the successors, heft-s, (‘4 .
*. .
‘., -.
assigns, and transferees of Property Owner, s.hall run wi.th said rea'l
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 desiribed as follows: .
Lot.723 of La Cos'ta Meadows Unit No. 4, in the County of San
Diego, State of California, according to Map thereof No. 7367 filed in _
the Office of the County Recorder of San Diego County on July 19, 1972.
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Section 10. The required improvements to be constructed >and- ,j
the.estimated costs thereof are as follows:
, Improvements Estimated Costs
619 5.F. 4". P'.C.C. Sidewalk $650.00
Lump Sum Grading ' 150.00
/ /*
Dated:"' @ig,-i 7
1 /
TOTAL COST $ 800.00 / yL /p ,,,I
/ fRf%w .
ff7GL.G Property Owner4
.
STATE OF CALIFORNIA ) ) .ss. COUNTY OF SAN DIEGO ) 1
, On before me the undersigned, a Notary Public in and for said State, pe&onally 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
AbPROVED AS TO FORM:
.
(Notarial acknowledgement of execution of owners must be attached).
-G-
.
TO ,444 i* ,--‘I-;
(Individual)
STATE OF CALIFORNIA
%%.E INSURANCE AND TRUST
Ancon ccwmw San Diego ss. COUNTY OF
on September 26, 1977 before me,42 undersigned, a Notary Public in and for said
State, personally appeared Norman Kagen 6: Lenore R. Kagen ,
, known to ml
to be the person ’ whose name are subscribed
to the within instrument and acknowledged that they
executed the same.
WITNESS my hand
Signature
rfu arm for ofkkl aotari8l ¶ml) -
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ‘Se
On September 30, 1977 before me, the undersigned, the City Clerk of the City of Carlsbad, a city within the said County and State, personally
appeared known to me to be the Paul D. Bussey
City Manaoer Rti- ~~~a:xt%~m~xboxberxtWxxxxxxxxxxxxxxxxxxxxxof the corporation that executed
the within Instrument, known to me to be the pe~s.~~,s:;~ti~',~~~.uted the within
Instrument on behalf of the corporation thereijr~~arti8~,~.~~~d~d~~nowledged to me
.that such corporation executed the within ins:trumeii'i'piursuant to its by-laws or a resolution of its board of directors. ij .-h:; ..: - -'-“‘.-e":'e.:.t
77-404771
FILE/PAGE NO. ,-w.w WOK 1977 RECQROEDREOUESTOF
OCT*~~&$ AtI ‘71
OFFtCIAl. RECORDS SAN WEMICOUNlY,CAlIF. HARLEYF.BLOOCt RECORDER
‘NO FEE
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