HomeMy WebLinkAboutBP 77-576; Filante, William and Margaret; 77-457971; Future Improvement Agreement/ReleaseI I . -
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1:;Hm r<l:conuE:? Illi L, ‘I’0 : . 1 city of Csrlsbad 1200 E-lm Avenue Carlsbad, CA 92008
ADDRESSEE ; 1 NW 4 9 2~ A#‘77
I__-. .; OrFfCtAL RECflfl~fl SAN EiEGD CQUWTV, CALIF. ---- space above this line for Re -qgj&jyp~e
transfer tax: $ No fee ---
Signature of declarant determining tax- firm name gP,:a et
City of Carlsbad
' Parcel No. 215-450-10
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS --
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 referred to as "Property Owner".
RECITALS: -
WHEREAS, Property Owner has applied to City for a
Building Permit (Plan Check No. 77-576 1
for the real property hereinafter described, now under Property Owner's
OWrleIL;?ii.F? 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 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;
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NOW, THEREFORE, IT IS AGREED be,tween 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 77-576 ).
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 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
cf .Lhe frontage, including the frontage of Property Owner, between inter-
szcting 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 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 $ 806.00 .
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
Section 3.
time in the future may exceed this estimate.
That for the faithful performance of the promises
.I .I
(2)
. .
1957
a nd covenants he t-e i n conta i ned , Property Owner hereby grants to City a
li’en upon the hereinafter described property in the amount of $ 806.00 , ,.
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 successors, heirs, assigns, or transferees fail to install
and construct said improvements in the manner and within the time speci- I
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 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 the event same is not paid within 30 days from
completion, ‘City may foreclose said lien as provided by law for the
foreclosure of mortgages.
(b) blrect 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 remedy, legal or equitable (including those
specifically referred to herein), for the foreclosure of a lien, and t
Property Owner, his successors, heirs, assigns, and transferees, shall
he
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 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 future be executed by the Property Owner, tlis
successors, hei’rs, assigns, or transferees, and the 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 ot
purchase money deed ‘of trust, The lien hereby ireated shall likewise be
of no force or effect ags inst any owner whose tit lc to the property herc-
inafter dcscrlbcd is acquired by or as a result of a foreclosure or
(3)
195s -
trustees’ sale of any such purchase money mortgage or purchase money
deed of trust, .
Section I; 2 That at any time during the period herein provldcd,
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 s,aid improvements; the
amount of bond to be the estimated cost of engineering and improvements
at the time of such deposit or pos,ting as ascerta i ned by t,he C i ty Engineer,
an< 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 shall any officer or
em.ployee therepf, be liable’ or responsible for any accident, loss or
damage happen-in9 or occurring ta 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 employee thereof, be 1 iable for
any persons or pr?perty 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 1 iabil ities 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-l-y Ownet-, and his successors, 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.
*Section 7. It is further agreed that said Property Owner wi 11
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 .a
Property Owner hereby
as may be requi red by
Sect ionL
s ha 1 1 ho I,! nd i nq rlpon
agrees to pay for such in”spection of improvements
the City Engineer of City.
This agreement and the covenants contained herein
;tnd i nut-e 1.0 I-he bcnc.fi 1: of the sticc(3ssors, I~ci t-5,
( 11 1
1) .
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assigns, and transferees of Property Owner, shal 1 run wi tlj 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 1 ien is imposed is desc’ribed as. follows:
Lot.7'09 of LA COSTA MEADOWS UNIT NO. 4, in the-county of San
Diego, State of Cdlifornia,, according to Map thereof No. 7367 filed
in the Office of the County Recorder of San Diego County on July 19, $972.
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Section 10. The required improvements to be constructed and
the, estimated costs tnereof are as follows:
, Improvements Estimated Costs --.-II
625 S.F. of 4" P.C.C. Sidewalk . $ 656.00
Lump Sum Grading 150.00
Dated: /o- /i.-- 77
TOTAL COST $ 806.00
CITY OF CARLSBAD, a tfunicipal Corporation of the State of
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
On ' before me the undersigned, a Notary Public in and for said State, pelsonally appeared Paul D. Bussey, known-to me to be the City Manager of-the City of Carlsbad, a Municipal C6rporation 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. L
' . : WITNESS my hand and official seal.
-- Notary Public
APPROVED AS TO FORM:
City Attorney
(Notarial acknowledgement of execution of owners must be attached).
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> Individual AcKnowledgment
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STATE OF CALIFORNIA 1.961‘
COUNTY OF San Diego > SS.
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On9 before me, the undersigned, a Notary Public in and for said
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County and State, personally appeared
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Margaret S. Filante and
QJF William J. Filante
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known to me to be the person S whose name- subscribed to the within instrument and
acrmowledged that- executed the same.
WITNESS my hand and official seal.
I T-**,*lll-12.71 Notary Public in and for said County and State
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 'So
Notarv Seal
NOTARY PUELI, CALIFORNIA
~RINt:IPAi OFFICE IN
SAh DIEGL COLINTY
i i _.’
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 known to me to be the- PAUL lj. SUSSFv
City Manager
~~~~m~x~~PRx~
Ji3?dxp of the corporation that executed
the within Instrument, r-sons who executed the within
Instrument on behalf of the coipdrq~Sijri':~~~~,i,n named, and acknowledged to me
that such corporation executed~~~~.'wit~in,~r~~~~urnent pursuant to its by-laws
or a resolution of its board.of~65r~,ctors.'._~~~~:
C.-,-y OF CAR&,$” -.“‘-