HomeMy WebLinkAboutBP 77-575; Filante, William and Margaret; 77-457970; Future Improvement Agreement/Release- - .-c ,A
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City of Carlsbad
X20(! Elm Avenue Carlsbad, CA 92008
FiLE/PAGlHO 77-457970
soon i9F RECOROEDREQUESTOF
NQV yr;iEAH ‘79
(~FflCM. RECORDS SAHhICGOCDlJNTY,C4j IF, Space above'this line for R
Docume~ary transfer tax: Docume~ary transfer tax: $ No fee $ No fee ~-.----- ~-.-----
Signature of declarant determining +-as- Signature of declarant determining +-as- @Et @Et
firm name City of Carlsbad firm name City of Carlsbad
' Parcel No. 215-450-09 --
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CONTRACT FOR FUTURE PUBLIC I~MPROVEMENTS - ---- .--_- ---___.-___
THIS AGREEMENT is made by the City of Carlsbad, a municipal.
corporation, hereinafter referred to as "City", and WILLIAM J. FILANTE '
and MARGARET S. FILANTE, husband and wife, as Joint Tenants
hereinafter r-eferred to as "Property Owner".
RECITALS: --
WHEREAS, Property Owner has applied to City for a
Building Permit (Pl,an Check No. 77-575 )
for the real property hereinafter described, now under Property Owzer's
ownership; and
WI? EREAS , it lras 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 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 tim.e said improvements are to be made;
and
WHEREAS, Property Owner, in consideration of the approval of
said BuiIding Permit desires to entc-r into this agreement securing the
construction of said improvements, and City has determined it to bt? in the
public interest to agree to temporarily postpone.:Asaid construction;
I h,
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I. 394.9
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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 77-575 1.
Section 2. That Property Owner, in lieu of making the hereinafter t descri.bed 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 15, 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 Owner, between inter-
secting streets on both sides of the street upon which the propert:y 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 improvements shall be made without cost or expense to City.
City estimates that the cost of engineering and construction of said
improvementsat the time of signing this contract is $ 1,393.oo .
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
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(2)
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and covenants herein contained, Property Owner hereby grants to City a
li’en upon the hereinafter described proper iy in the amount of $ 1~393.00,
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 transferees fail to install
and construct said iqprovements in the manner and within the time speci- t
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-
wise. City or its contractor and his employees may enter upon any
portion or por’tions of the property reasonably necessary for said
engineering and construction, and the ent i re 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 foreclbse said lien as provided by law for the
foreclosure of mortgages.
(b) Direct !jle 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 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.
Section 4. That it is agreed that anything herein contained to
the contrary notwithstanding, the promises and covenants made herein shal 1
not be binding upon the holders, mortgagees, or beneficiaries of any
purchase: money mortgage or purchasemoney deed of trust for value which
has b’een or may in the futu t-e be executed by the Property Owner, Ilis
successors, heirs, assigns,, or transferees, and the lien hereby created
shall be and is hereby subordinated to and declared to be inferior and
subsequent in 1 ien to the 1 ien of any such purq<hase money mortgage or
purchase money deed of trust. The lien hereby created shall likewise be
of no force or effect against sny owner whose title to the property herc-
inifter described is acquired by or as a result of a foreclosure or .
(3)
I
trustees’ sale of any such purchase
deed of trust.
Sect ion 5. That at any t
the Property Owner, his successors,
money mortgage or purchase money
ime during the period herein provided,
heirs, .assigns, or transferees may
deposit a cash bond or post a surety performance bond satisfactory to
the C’ity to charge sa,id surety with the cost of s,aid 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,
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, 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 shal 1 any officer or
employee thereof, be liable’ or responsible for any accident, loss or
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 empJc;lee thereof, be liable for
any persons or prpperty injured by reason of said work or improvements,
but all of said liabilities shall be assumed by said .Property Oiqner, 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 1 iabi 1 it*ies of or to any person or property injured or claim-
ing to be injured as a result of said work or improvements. Said Pro-
pet-ty Owner, and his successors, heirs, assigns, and transferees, further
agrees to protect said City and the officers and employees thereof from
all liabi
patent or
because of, or arising out of, the use of any
cle in the construction of said improvements. .pa tented art i
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-
1 ity or claim
provements by the City, give good and adequate warning to the traveling
pub1 ic of any dangerous or defective conditions of pub1 ic property. The .i
Property Owner hereby agrees to pay for such inkpect ion of improvements
as may be required by the City Engineer of City.
Sect ion 8; This agrcemcnt and the covenants contained herein
shn 11 l3(: b I nd i ncl ltp01-1 and II-WI-c I:0 1:17c hcnefit of the s(Icccssors, hcl t-s I
( Ii >
I- I. ;-
l ’
1952
assigns, and t ransferecs ‘of Property Owner, shall run wit11 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 desCribed as. follows:
Lqt‘ 710 of LA COSTA MEADOWS UNIT NO. 4, in the County of
San Diego, State df California, according to Map thereof No. 7367
filed in theeOffice of the County Recorder of San Diegd County on
July 19, 1972.
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Section 10. The required improvements to he constructed and
the, estimated costs thereof are as follows:
Improvements
1088 S.F. of 4" P.C.C. Sidewalk
Estimated Costs
, $ 1,143.oo
Lump Sum Grading . 250.00
Dated: /o--/i.- 77
TOTAL COST $ 1,393.oo
CITY OF CARLSBAD, a Municipal Corporation of the State of
STATE OF CALIFORNIA >
) ss. COUNTY OF SAN DIEGO )
On ' , before me the undersigned, a Notary Public->n and for said State, personally appeared Paul D. Bussey,
City Manager
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 eqecuted the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed t>iT same.
WITNESS my hand and official seal.
APPROVED AS TO VORH:
-111 Notary Public
.
(Notarial acknowledgement of execution of owners must be attached).
Individual AcKnowledgment -.
STATE OF CALIFORNIA 3-9a
COUNTY OF San Diego > ss.
Onnr+nhar ll_ 1977
County and State, personally appeared before me, the undersigned, a Notary Public in and for said
Margaret S. Filante and William J, Filante
<nown to me to be the person s
jc&nowledged that- whose name 5 ZIP-
executed the same. subscribed to the within instrument and
NlTNESS my hand and official seal.
Notary Public in and for said County and State
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ". *. L.'
On November 3, 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
City Manager
K###@W~b~xW%tkerxxxxxxxxxxxxx~xxxxxxxxxof the corporation that executed
the within Instrument, known to me,:t~,,@.,the persons who executed the within
Instrument on behalf of the cor$oratlon.therein named, and acknowledged to me
that such corporation executed't4ie withinjl$$trument pursuant to its by-laws
or a resolution of its board of directors.' :I'::.
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