HomeMy WebLinkAboutBP 77-70; Toscano, Vincent and Florence; 77-113468; Future Improvement Agreement/Release*, t .
’ $EC$RD ItlG REQUESTED BY “rdD >
* WHCN’ RECORDED I4A I L TO: 1
1 City ,qf Carlsbad
1200 Elm Avenue - -- sq *
Carlsbnd, CA 22008
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- ---.---- --.- 1 --1_. space above this 1 i ni3 fG!- Rc:cGrd~r’S 77413464ij ‘use ’ .
. FILE/PAGE NO.--..-.-.. Documentary transfer tax: $NG fee
Signature of declarant determining tax-
f i rm name
City of Carlsbad .T\,
OFFICIALRECORDS 'SANDIEGDCOUN'IY,CALIF. Parcel No. 210-114-04
IJAW FV F RI I-IOU _. . .
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS NO FEE ---
THIS AGREEMENT is-made by the C’ity of Carlsbad, a municipal
corporation, hereinafter referred tG as “City”, and Vincent Toscano
and Florence P. Toscano
ty Owner”,
RECITALS:
, hereinafter referred to a; “Proper-
. WHEREAS, Property Owner has applied to City for a
Building Permit
for the real property hereinafter descri.bed, noti under Property Owner’s
ownership; and . . .
WHEREAS, it has ‘been found that said property, is not suTtable
for development” in its present coridition~ however said property would be
suitable for development if certain public improvements hereinafter
described are constructed and certain irrevocab’le 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;
WHEREAS,
be granted by City
made; and
WHEREAS,
and
Property Owner has requested,said Building Permit
in advance of the time said improvements are to be
Property Owner, in consideration of the approval of
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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
construct ion; . *
NOW, THEREFORE, IT IS AGREED between the parties hereto as .
fol 1GWS: . .
Section’ 1. ’ That City agrees to record any i rrevocabte offers
of dedication made by Property Owner for Building Permit No. 77-70
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Sect ion.-2. That Property Owner, in lieu of’making the herein- “I .,
after described imprGvements.before approval of said Building Permit
is granted, agrees to‘install and ccrnstruct, or cause to be installed
or constructed, said improvements in accordance with plans and sDecifi-
cations approved by the City Engineer within
demand so to do by City. Property Owner sha
said improvements before March 22, 1973 qr
60 days after written
11 not be requ i red to make
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 o\f time which may have been granted by C.ity: --
(a) When the City Counci 1 finds that the Owners of 40% or more
of the frontage, including the frontage of Property Owner, between inter-
setting streets on both sides of the street upon which the property herein
described has frontage, have agr,eed with City to install street improve-
ments to City specifications.
* (b) When owners of more than 50% of the frontage, betweeh ,._ .
intersecting streets’on both sides of the street upon which the property
herein described has frontage, have pet it ioned the City to form an
improvement dis.trict 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 . ‘, I 1,
said improvements at the, time of signing this contract is $362.25 . j :’
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:
Sect ion 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
li’en upon the hereinafter described property in the amount of $362.25,
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 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 t’he 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 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 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 TiCl:-tgZ?CjC cr Fu;‘chase mo[;ey dp& of t1-u;~ fc,l- ,,,a jue whictl
has been or may in the’futur e be executed by the Property Owner, his
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 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-
lnaftcr described is acquired by or as a result of a foreclosure or
(3)
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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 p’rovided,
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 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 1 ien 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 iabte for t
any persons or property injured by reason of said work or improveme_nts, .’
but all of said liabilities shall be assumed by said Property Owner, and ‘!
his successors, heirs, assigns, and transferees, and they shall save the -i
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- I
ing to be injured as a result of’said work or improvements; Said Pro- . . . . . .
perty Owner, and h’is successors, heirs, assigns, and transferees, further . - 1,
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 construct ion of 5.3 id Improve:~;cnts.
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
public of any dangerous or defective conditions of pu,blic property.’ The. f
Property Owner hereby agrees to pay for such inspection, of improvements ;
as may be required by the City Engineer of City. \
Sect ion 8. Thl s agreement and the covenants conta I ned herein .
shall be bl ndinq lipon and inure to the hcnef I t of the successors, hel rs,
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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 refhrred to herein
and upon which said ‘lien is imposed is desdribed as follows:
Lot 192 of perrtimar,, Unit No. 6, in the 'City of Carlsbad,
. County of San Diego, Stiate of California, according to ,_
'Map thereof No. 4064, filed in the Office of the County
. . . Recorder of.San Diego County, January 27, 195.9. :
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Section 10. The required improvements to be constructed and
the.estimated costs thereof are as follows:
, Improvements Estimated Costs
6 1. 345,S.F. of 4" PCC s.idewalk 3 $1.05/s.f. $ 362.25
. 2.
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4.
5.
L 6.' cf .
P TOTAL COST $ 362.25 '
.’ Dated: s-+ ;;2f.'77
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STATE OF CALIFORNIA
COONTY OF SAN DIEGO
‘. ,... 2qqji-q~ 4
Property Owner
CITY OF CARLSBAD, a Municipal
1 ) ss. ) . .
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On before me the undersigned, a Notary Public 'in and for said/State,' peisonally appeared Pau1.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, executed the same. \ . .
.- - WITNESS my hand and official seal.. .w - :
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APPROVED AS TO FORM:
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Vincent F. Biondo, Jr. City Attorney
(Notarial acknowledgement of execution of owners must be attached).
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TO “4, CA (4.1,)
{Individual)
STATE OF CALIFORNIA
. ‘2 COUNTY OF Sadbean > ss.
90 TITLE INSURANCE AND TRUST
ATICOR COMPANV
t
On March before me, the undersigned, a Notary Public in and for said
State, personally appeared Vincent Toscgmo and Florence Toscano >
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, known to me
to be the person S whose nam& are subscribed
to the within instrument and acknowledged that&y executed the same. - - -C[ ---
OFtiKlAL - LINDA R. REDMON ’
AIOTP;RY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY t c
/ My comm. expires APR 19, 1979
Name (Typed 0; Printed)
(This area for oUkid notarial me.0