HomeMy WebLinkAboutBP 77-669; Manzo, Arthur Jr.; 78-118236; Future Improvement Agreement/Release‘i, LYA ma---- -I ,* Acnn .w 3.“% . .
7m-118z36 FtLE/FAGE ii0.w E30K1973 --_----- --~ -sTAF
/ \ Kkw&mme ClTY CLERK
J. MAR 2? 9 39 i#!‘f8
RECORDI.NG REQUESTED BY AND ) W:EN RECORDED MAIL TO:
,' City of Carlsbad 1200 Elm Avenue ; Carlsbad, CA 92008
; . . 1 . * Space above this line for Recorder's Use
!ji ?!{;;A: ,qECORDS
SAN UIEGOCOUNTYvCALIF. HARLEYF.BLOOM RECORDER NO FEE
Documentary transfer tax: $ No fee ~/c
Signature of declarant determining tax- firm name City of Carlsbad
Parcel No. 215-232-04
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City", and
Arthur G. Marco, Jr., a mar,ried man, as his sole and separate property
RECITALS: . . *
WHEREAS, Property Owner has applied to City for a *
Building Permit (Plan Check No. n-669 )
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 requested said Building Permit be
granted by City in advance of the time said improvements are to be made;
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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 constrtction;
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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 77-669 ). .
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
April 1, 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 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 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 $4,040.00 .
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.
p.* . Section 3. That for the faithful performance of the promises
(2)
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and covenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of $4~040.00 ,
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-
f ied 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 emp’loyees 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) Direct the City Engineer to estimate the cost of necessa,ry
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 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 shall
not be binding upon the holders, mortgagees, or beneficiaries of any
purchase. money mortgage orpurchasemoney deed of trust for value which .
has been or may in the’future be executed by the Property Owner, his
successors, heirs, assigns, or transferees, and th’e 1 ien hereby created
shall be and is hereby subordinated to and declared to be inferior and
subseq.uent 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 title to the property here-
inafter described is acquired by or as a result of a foreclosure or
(3)
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396
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-he City Engineer,
and that upon deposit of said cash
agrees to release the property, or
deposit or posting applies, from t1
or posting of said bond the City
any port ion of it as to which said
,e 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
employee thereof, be liable. or responsible for any accident, loss or
damage happening 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 thereof, be 1 iable for .
any persons or property 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 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-
perty Owner, and his successors, heirs, assigns, and transferees, further
agrees to
a71 liabi 1
patent or
protect said City and the officers and employees thereof from
ity or claim because of, or arising out of, the use of any
patented article in the construction of said improvements.
Section 7. -. It is further agreed that said Property Owner wi 11
at al 1 Irimes 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 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.
Section 8. This agreement and the covenants contained herein
sha 11 be bind inq ltpon and i nut-e to the benefit of the successors, hei r-s,
(‘I->
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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 impbsed is desCribed as follows:
.
Lot 1.98 of La Costa Valley Unit No. 4, in the City of Carlsbad,
County of San Qiego,‘St%te of California, according to Map
thereof No. 5781, filed in the Office of the County Recorder
_ of San Oiego County on September 14, 1966.
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Section 10. The required improvements to be constructed and
the.estimated costs thereof are as follows:
, Improvements
1. 4” PCC ‘Sidewalk
2. 3k’ High Concrete Block Retaining Wall .
Estimated Costs
$ 1,390.oo
2,650.oo
TOTAL COST $4,040.00 '
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Dated: +/4.- 7tT , &Glq ,, cys I: . . I I :. . .
Property Owner
STATE OF CALIFORNIA
,I COUNTY OF SAN DIEGO
. .
CITY OF CARLSBAD, a Municipal
1 1 ss. I .
On before me the undersigned, a - Notary Public in and for said State, pe?&onally appeared Paul' D. Bussey, known~to me to be the City Manager of-the City~~of-Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said MunicipalCorporation, and acknowledged to me that such City of Carlsbad, California, executed the same, \
WITNESS my hand and official seal.
APPROVED AS TO FORM:
Notary Public
(Notarial acknowledgement of execution of owners must be attached).
-G-
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JrmrvIDuAL ACXNOWWEDCMENI ,-
mm OF _ ~~56~ ,I ., _--
On this.&----.day of. , IQ=- m &ikh=&- .h&=%~f-+ >-w-C& /
a Notary Public in and for said County and State, resi&ng tf~erein, duly cc mmidoned and sworn, personally appeamd-
. whose name.EnMQhxLn z * IjRYhUH&&~,f’ e t ad duly acknowledged to me that---+(+-executed the same.
: T
WITNESi
BAR3ARA /A. CON/+JER
&!&%&i&w- CALF ORNA B
3 ?RihCIPAL OTFICE [;,J
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cs*os LAW w&=- I=*. bM& Ewh March 26, 1980 ~IllIEiIllllltIlllcIPItc;lzlel~l~ i
(y-z&& m&$?rb/. ,& &&m&5??-
Not~Public in and far said Caunty and F&Z&L
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CARLSBAD 1
On March 23, 1978 , before me, the undersigned,
the City Clerk of the City of Carlsbad, a city within the said County and
State, personally appeared PAUL D. BUSSFY
known to me to be the person whose name is
subscribed to the within instrument and acknowledged that he
executed the same. ,'.' '..,, .
Signature &.& f Hh :~.~;~~g&); .,f ;.
( .: _,'., --, , : *, -. E. ADAMS i _ . ..'. *, '3 ( ,Y. :
City Clerk of the City of Carlsbad .:. .* _. i 2-d . . :- :* II , *,a ,,*.,.-'
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