HomeMy WebLinkAboutBP 77-652; Gunther, Kurt; 78-023900; Future Improvement Agreement/Release. * e’ . 783 .‘.
FILE/PACE HO .P BOOK1978 RECORDEDREQUESTOF
ADDRESSEE
JAN I! 9 15'W?6
1 OFFiCtAl.RECDRDS NO FEE 1 SANDiECO COUNfY,CAlIF.
Space above this line for Recog w ----
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BE &M.w I r4 i; REQUESTED BY i: .3 ) whim w.x:omm mx L To : ;
city of Carlsbad 1200 IZlm Avenue ; Carlsbad, CA 92008 1
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Documentary transfer tax: $ No fee ML -
Signature of declarant determining tax- firm name City of Carlsbad
Parcel No. 203-235-06 --.
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS -~ -
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City", and
Kurt Gunther, a married man as his sole and separate Property
hereinafter referred to as "Property Owner".
gx-xTALS:
WHEREAS, Property Owner has applied to City for a
Building Permit (Plan Check No. 77-652 ) -
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 as a condition of approval of this Building
Permit; and
WHEREAS, Property Owner has
Tranted by City in advance of the time
and
reqtiested said Building Permit be es
said improvements are to be made;
~~‘wrF ‘?EA,S , . . ..-I* Property; owner, in consfdcratlon .^ 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;
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 77-652 1.
Section 2. That Property Owner, in lieu of making the hereinafter W^
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
January I, 1979 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 Prop<:rty Owner, betweeil 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 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 $ 1,963.63 .
Property Owner hereby acknowledges that said cost is a reasonable estimate
of engineering and construction costs at this til!je 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)
and covenants herein conta incd, Property Owner hereby grants to City a
li’en upon the hereinafter described property in the amount of $ 1,963.63 ,
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, 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 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
comp.1 et i on, ‘C’ity may foreclose s’aid lien as provided by law for the
foreclosure of mortgages.
(t-d Zlrect the City Engineer to estimate the cost cf necess3ry
eng i neer i ng, 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.
SecS 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 benefi,ciaries of any
purchase. money mortgage or purchase money deed of trust for value which
has been or may in the futu r-p be executed by the Fropcrty 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 lien of any such purchase money mortgage or
purchase money deed .of t rust. The lien hereby created shall likewise bc
he rc- of no force or effect against any owner whose t
lntifter dcscrtbed is acquired by or as a result
(3)
it lc to the property
of a foreclosure or
t r-us tees ’ 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,he City 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 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 employee theieof, be 1 iable f[>r
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 said*City and the officers and employees thereof from
all liability or claim because of, or arising out of, .,t:he use of any
patent or .patented article in the construction of said Improvements.
7. Section 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 tb the traveling
public of any dangerous or defective conditions of pub1 ic property. The
Property Owner hereby agrees to pay for such
as may be required by the City Enjineer of Ci
Sect ion 8. This agreement and the
shal 1 bc bi ndinq tlpon and Inl.:r(? I-O t-he bencfi ( )I )
inspect ion of improvements
t’y .
covenants contained herein
t 0 f 1’ t-r e s 1.1 cc 13 s 5 0 r s , he 1 r s ,
4 . v. . . .
. . 7Y3”r -
ittJ sa assigns, and transferees of Property Owner, sha 11 run w id real
v-operty, 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:
Lots 53 and 54 of Block A, Map No. 2 of Hayes Land Company Addition,
in the City gf Car’lsbad, County of San Diego, State of California,
according to the Map thereof No. 1221 filed in the Office of the
County Recorder of San Diego County, November 4, 1909.
(‘2)
Section 10. The required improvements to be constructed and
the,estimated costs thereof are as follows:
, Improvements
1200 S.F. Pavement and Base
50 L.F. Curb and Gutter
250 S.F. Sidewalk
40 L.F. AC Berm-Trans
Portion Street.Light Cost
Street Grading
Street Tree
Engineering and Cont.
. TOTAL $I ,963.63
Dated: - / (--I ) ./Ty&
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
Estimated Costs
. $ 660.00
250.00
262.50
100.00
I10.00
300.00
25.00
256.13
TOTAL COST $ I ,963.63
CITY OF CARISBAD, a Municipal
;;x-mq,oqthe State of
On 17, l97tv before me the undersigned, a
Notary Public r said 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, execu,ted the same.
WITNESS my hand and official seal. a.
Notary Public
APPROVED AS TO FORM:
.
City Attorney V
(Notarial acknowledgement of execution of owners must be attached).
-G-
STATE OF CALIFORNIA, I L ss.
COUNTY OF Los Angeles I
ON January 5 ,1978,
before me, the undersigned, a Notary Public in and for said State, personally appeared
-_.___ Kurt Gunther - ____ , known to me,
to be the person- whose name- is subscribed to the within Instrument,
and acknowledged to me that -he- executed the same.
WITNESS my hand and official seal.
250 W. WARDLOW RD., LONG BEACH, CA 90807
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