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HomeMy WebLinkAboutBP 77-55; Bristol, Arnold & Carol; 77-111473; Future Improvement Agreement/Release,REc(‘,RD I NG REQUESTED BY - tJD > ‘$HcN‘HECORDED MA I L TO; 1 1375) City of Carlsbad > * 1200 Elm Avenue Carlsbad, CA 92008 ; . - ii/PACE Nv1111473 I cIIIc”.-. . iHlOK 1977 RECORDED REBUES-I ,_I, c&&$.&~ CITY CLERK wa 9 07 i’lH’ji OFF ICIAl. AECOR!J.S SAN DtEGit ,FOUN !‘f. c-t, ;f UARttY F.fiiciiii( I- , -__p P, - Space above this- ecorder’s use . NO FEE tax- firm name City of Carlsbad .* . Parcel No. 215-220-28 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the C?ity of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Arnold B. Bristoland Carol L. Bristol , hereinafter referred to as “Proper- / _~ ty Owner”. RECITALS: WHEREAS, Property Owner has applied to City for a Building Permit Number 77-55 fo i- the real property hereinafter described, n0.w under Property Owner’s ownership; and , WHEREAS, it has .been found that said property is not suitable i , 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 \,;HEREAS, 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 77-4 - ‘. -: ..- .-.. ,_ .“.. _ -. - . . e.. ” - a . . . ‘. 0 , c I . . 1.376 A said Building Permit desi res to enter into this agreement securing the construct ion of said improvements, and City has determined it to be in the public interest to agree to temporarily postpone sdid . construct ion; NOW, THEREFORE, IT IS AGREED between the parties hereto as fo?lows: . . Section’ 1. ’ That City agrees to record any irrevocable offers of dedication made by Property Owner for Building Permit No. 77-55 Sect ion -2. That Property Owner, in lieu of making the herein- ‘G, after described improvements.before approval of said Building Permit is granted, agrees to ‘i.nstall and construct, or cause to be installed or constructed, said improvements in accordance with plans and specifi- 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 sa’id improvements before March 15, 1978 qr 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 o? time which may have been granted by City: mm ._ . . . (5). When the City Counci 1 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 improve- 1 ments to City specifications. . I . . _ . (b) When owners of morethan 50% of the frontage, between ..;. ‘.’ interskcting 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 improven~ent of’said streets. . Said improvements shall ‘be made without cost or expense to City. City estimates that the cost of’engineering and construction of .b said improvements at thetime of signing this contract is $1,004.00 . Property Owner hereby acknowledges that said cost.‘is a reasonable . estimate of engineering 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) . . , 3 377 and covenants herein contained, Property Owner hereby grants to City a li’e’n upon the hereinafter described p.roperty in the amount of $ 1,0.04.09 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, assign.s, or transferees fai 1 to install and construct said improvements in the manner and within the time speci- f ied 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- wi se. City or its contractor and his emp’loyees may enter upon any portion or portions of the pkoperty 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 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- ments, and foreclose said lien in said amount. (c) Pursue .any reme’dy , 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 shalcl not be binding upon the holders, mortgagees, or beneficiaries of any purchase: money mortgage orpurchasemoney deed of trust for value which : has b.?kn or may in the’ futur r?: be executed by the Property Owner, his succ&ssors, heirs, assigns, or transferee’s, and 1:he lien hereby created . shall be.and is hereby’subordinated to and declared 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 t-itle to the property here- inafter described is acquired by or as a result of a foreqlosure or (3) .I , -, : ..,I \’ .: ,. _’ . . : :‘. .: : * . ,. *, ‘, c I - ‘SLY . . . ..- - -f 5 . * 1378 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 successors, heirs, .assigns, or transferees may or deposit a cash bond or post a surety performance bond satisfactory to th.e 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 posting as ascertained by t-he City Engineer, an! that upon deposit of said cash or posting of said bond the City .~. , ” L-1 L 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 emptoyee thereof, be liable’ or responsible for any accident, loss or i damage happen.ing 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 employe’e 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- f. perty Owner, and h‘is SucceSsors, heirs, assigns, and transferees, further . - .l, .i 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 construct.ion of said improvements. Section 7. It is furthe.r agreed that said Property Owner will T. at all times up to the completion and acceptance of said work and im- ; provements by the City, give good and adequate warning tc the traveling “; . public of any dangerous or defective conditions of pub1 ic property. The s Property Owner hereby agrees to pay for such inspection, of improvements as may be requtred by the City Engineer of City. 1 Section 8.’ This agreement and the covenants contained herein . i shall be bl ndi nq rlpon. and i nut-e to the henef 1 t of the successors, hei rs, ( ‘I 1 ’ b f < . . . *- . - . .,I! 1 . 13’iB assigns, and transferees of Property Owner, shall-run with said real pwerty , and create an equitable ser’vitude 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: Lot.200 of La Costa Valley Unit No. 4, in the City of Carlsbad, : in the County of San‘Diego, State of California, according to . Map thereof No. 5761 filed in the Office of County Recorder , :. of San Diego County, September 14, 19.66. . . , ? .-i . , -: xx . xx . xx . . : . . ., xx . I ,.. .j c xx .: ; xx ’ . xx 3 . . . , . L s -. . - . 3380 . I . Section 10. The required improvements to be constructed and the-estimated costs thereof are as follows: . , Improvements Estimated Costs . , 1. Sidewalk, 120 L.F., 4 ft. wide $ 504.00 2. One curb outlet, City S'td. D-8 500.00 3. \ 4. 5. . I 6: . . TOTAL COST $1,004.00 'I Dated: 1 CITY OF CARLSBAD, a Municipal STATE OF CALIFORNIA ) 1 ) ss. . . CdUNTY OF. SAN DIEGO ) On ( before me the undersigned, a Notary Public in and for .#a* 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 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. : .1_ : . . Notary Public . APPROVED AS TO FORM: . . . . (Notarial acknowledgement of execution of owners must be attached). -6- . TO 1944 CA (8.74, Individual) STATE OF CALIFORNIA COUNTY OF San Diego 1383. TITLE INSURANCE AND TRUST ArKoR COMPANY t On March 9, 1977 before me, the undersigned, a Notary Public in and for said State, personally appeared . Arnold 0. BPVS~Q! It’ r 2 , known to md 2 to be the personwhose nameAsubscribed t.4 & & # 4 . . &’ cc4 a”‘4 e - & to the within instrument and acknowledged that he executed the same. 1 OFFICIAL SEAL \ RCRA K. OARDlNi% WITNESS my hand and official seal. Signature ! NOTARY PUBLIC - CALIF. j PRINCIPAL OFFICE 11-4 \ \ SAN DIEGO COUNTY I , MY c()lr(M~sSlON EXPIRES JAN. 2% lgao \ e&-z.w2~-czz*---- i TO 1944 CA (8.74) (Individual) STATE OF CALIFORNIA COUNTY OF San Dieao > ss. t On March 71, 1977 before me, the undersigned, a Notary State, personally appeared Carol Lee Bristol w ~, known to me to be the person whose name. is subscribed to the within instrument and acknowledged that She executed the same. WITNESS my hand and official seal. TITLE lNSllRANCE AND TRUST Public in and for said r-&-CC4 4.-w OFFICIAL SEAL NORA K. GARDINER NOTARY PUBLIC - CALF. PRINCIPAL OFFICE IN \ SAN DIEGO COUNTY \ My COMMISSION EXPIRES JAN. 2% 1980 \ \ Signature I (This area for official notarial seal)