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Home My WebLink AboutBP 77-608; Weisz, Jean Pierre; 78-023899; Future Improvement Agreement/ReleaseRECOJWI!?G REQUESTED BY i +D ) .JW RECCRDED MAIL TO: :, 1 City of Carl&ad 1 1200 Elm Avenue Carlsbad, CA 92008 FKE/PACE ,,78+oa8gg 800~ iF”” RECORDEDREQUESTDF ADDRESSEE JAN ir3 9 is AH'16 Space above this line for Documentary transfer tax: $ No fee ~~~ Signature of declarant determining tax- firm name City of Carlsbad Parcel No. 215-350-23 --- CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a munic' corporation, hereinafter referred to as "City",'and JEAN PIERRE WEISZ hereinafter referred to as "Property Owner". RECITALS: WHEREAS, Property Owner has applied to City for a Building Permit (Plan Check No. 77-608 ) - 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: l 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; . 777 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 77-608 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 February 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 Owner, 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 improvementsat Property Owner of engineering improvements shall be made without cost.or expense to City. that the cost of engineering and construction of said _' the time of signing this contract is $1,373.00 . hereby acknowledges that said cost is a reasonable estimate and construction costs at this time and that the actual cost of same at some Section 3. time in the future may exceed this estimate. That for the faithful performance of the promises (2) and covcna n t s here i n conta i ned , Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $ 1.373.00 . pius 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 improvements in the manner and within the time speci- fied herein, he agrees that City may do any or ail 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 s’aid lien as prbvided by law for the foreclosure of mortgages. (b) Direct the’City Engineer to esticlate the cost of necessary engineering, and the work required to install and construct said improve-s 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 covenants made herein shal 1 not be binding upon the holders, mortgagees, or benefitiiarie? of any purchase. money mortgage or purchase money deed of trust for va luc ~~hich has been or may in the future 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 lien to the 1 ien of any such purchase money mortgage or purchase money deed of trust. The lien hereby create<! shall likewise be of no force or effect against any owner whose title to the property here- inrlfter described Is acquired by or as a result of a foreqlosure or (3) 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 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 posting as ascertained by t,tle 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 provision; 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 tti 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 prpperty 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 iabi 1 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- perty Owner, and his successors, heirs, assigns, and transferees, further agrees to protect saidXity and the officers and employees thereof from all liability or claim because of, or arising out,of, .thc use of any patent or .patented artic lc in the construction of said improvements. 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- 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 Property Owner hereby agrees to pay for such inspection of improvements as may be required by the City Engineer of City. sect ion 8. This agreement and the covenants contained herein shc7 11 he bl ncli nrl lipon and i nure to the bencff 1: of the s[Icccssors, hc’i 1-5 , ( 4 > r - assigns, and transferees of Property Owner, shall run with 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 desdribed as’ follows: Lot $47 of La Costa Meadows Unit Yo. 3, according to Map thereof No. 7076 fTled in the Office of the County Recorder of San Diego County, October 6, 1971 xx . .xX xx ’ xx xx . . xx xx . .._ xx ( ‘, \ I i-* , . . - .* . . * 781 Section 10. The required improvements to be constructed and the. estimated costs thereof are as follows: , Improvements Estimated Costs 1. 450 s.f. of 4" 'PCC Sidewalk $ 473.00 . 2. 90 1.f. of 3'2 High Retaini'ng Wall 900.00 TOTAL COST $ 1,373.oo ' JAl/ -.I? 77Tf Dated: Property Owner c CITY OF CARLSBAD, a Municipal Ezmn,oThe State of BY L”FLLJc~L1 Paul D. Bussey,'City Manager STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On J7 /?Tf before me the undersigned, a Notary Public saitl State, peisonally appeared Paul D. Bussey, known to me t y 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. . . l APPROVED AS TO FORM: City Attorney t Notary Public . . OF_F!C!“L SEAL WidRY PUtl~l:, ~~~~~ PRINCIPAL OFI-ICE ,I! P”“, , ..,,..,a40n txpires Oct. 23,‘?9;81 =------ 4 (Notarial acknowledgement of execution of owners must be attached). STATE OF CALIFORNIA San Diego 55. 2 COUNTY OF ___.__ mcz il E on Januarv 13, 1978 s , before me, the undersigned, a Notary Public in and for u E said State, ~WSOIKJII~ appeared- PI f+n”e &Z&Z- i= 5 --___ - .u ;i f l +***++;** ii l ****8*+***9++******~ = known to me to be the person- whose name 3 S : OFFICIAL SEAL z : DOROTHY M. GlERLOFF 4 e 0 > subscribed to the within instrument and acknowledged to m* % t NOTARY PUBLIC-CALIFORNIA = 1 that- he executed the samg PRIXIPAL OFFICE IN $ Oi.zi,ilGE COUNTY : My Commission Expires IMay 8, 1978 $ z 944**++?~+ +~83~..:.0*0444400$9,$ : 9 Dorothk M. Gierloff '/ Name (Typed or Printed) (This area for official notarial seal) -