HomeMy WebLinkAboutBP 77-80; Dipiazza, Frank and Jacque; 77-101674; Future Improvement Agreement/Release. *RECORDING REQUESTED - AND >
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City of Carlsbad 1 ’ RECORDED REIN EST Gt
1200 Elm Avenue Jl-uJ-ML
Carlsbad, CA 92008 i
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WWCIAL RECOR 2 1; SAN DIEI;:! C~U~JT 1, -.,a, ;;
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Signature of declarant determining tax- Signature of declarant determining tax-
firm name f ii-m name
City of Carlsbad City of Carlsbad
Parcel No. 167-113-2
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CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the ?ity of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and FRANK DIPIAZZA and
JACQUE L. DIPIAZZA, , hereinafter referred to as “Proper-
ty Owner”.
RECITALS:
WHEREAS, Property Owner has applied to City for a
Building Permit
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: and
WHEREAS, Property Owner, in consideration of the approval of
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said Building Permit desires to enter into this agreement
securing the construct ion of said improvements, and City has determined
it to be in the public interest to agree to temporarily postpone said .
const ruct ion;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows:
Section’l. ’ That City agrees to record any irrevocable offers
of dedication made by Property Owner for Building Perinit No. 77-80
Section -2. That Property Owner, in lieu of making the herein-
after described improvements.before approval of said Building Permit
is granted, agrees to’i.nstall and construct, or cause to be installed
or constructed, said improvements in accordance with plans and specifi-
cations 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 March 14, 1977 qr 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? time which may have been granted by Cit.y: -*
. . . . (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 improve-
ments to City specifications. .
. (b) When owners of more than 50% of the frontage, between . . .._ - ‘:
inteiskcting 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 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 .a
said improvements at the time of signing this contract is $538.65 .
Property Owner hereby acknowledges that said cost.‘is a reasonable _
estimate of engineering and donstruction costs at this time 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 promfses
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and covenants herein contained, Property Owner hereby grants to City a
li’e’n upon the hereinafter described p.roperty in the amount of $533,.65 ,
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, assign.s, 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 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 the 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-
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 ir. . . That it is agreed that anything herein contained to
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the contrary-notwithstanding, the promises and covenants made herein shall ‘i
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not be binding upon the holders, mortgagees, or beneficiaries of any
purchase, money mortgage orpurchasemoney deed of trust for value which
has b.:kn or may in the’ futur c! 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 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
lnafter dcscrlbed Is acquired by .or as a result of a forecl
property here- ”
osure or :
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172
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trustees’ sale of any such purchase money mortgage or purchase money .
deed of trust. . . .
5.- Sect ion 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
th.e 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,
art! that upon deposit of said cash or posting of said bond the City : I” . ..t i agrees to release the property, or any portion 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 happen.ing or occurring to the work or improvements specified in
this agreement prior to the completion and acceptance‘of the same, nor.
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shall said City, nor any officer or employe’e thereof, be 1 iable for t
any persons or prqperty 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 1
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- I
perty Owner, and his 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 .paten,ted ar~icie ill the construcr.ior~ of said improvements.
Sect ion 7. It is furthe.r agreed that said Property Owner will ’
at all t’imes 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 -,i
Property Qwner 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
sha 11 bc bi ndinq tipon and i nut-e to the hencfi t of the successors, hei t-s,
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assigns, and transferees of Property Owner, shall run with said real
property, and create an equitable ser’vitude 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 14 of FALCON HILL UNIT NO. 1, in the City'of Carlsbad, County
. . : of San Disgo, State ofr California, according to Map thereof No. 4415, filed in
the office of the County Recorder of San Diego County, December llF 1959.
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Section 10. The required improvements to be constructed and
the,estimated costs thereof are as follows: , .
, Improvements ' Estimated Costs
1.
2.
3.
4.
5.
6.
513 s.f. of 4" PCC sidewalk @ $1.05/s.f. $ 538.65
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. TOTAL COST $ 533.65 ”
Dated: P?a,Q-&/$,fi77
CITY OF CARLSBAD, a Municipal
.
STATE OF CALIFORNIA ) ) ss. . .
COUNTY OF, SAN DIEGO ) . . .
On Notary Public
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before me the undersigned, a peksonally 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, executed the same. \ :
.- WITNESS my hand and official seal. -__ . : . .
APPROVED AS TO FORM:
Vincent F; Biondo, Jr.
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City Attorney
(IZotarial acknowledgement of execution of owners must be attached).
‘w-;E;--L---- l
NORA K. GARDINER
NGTAW WOLK - CALIE
PRINCIPAL OFFICE IN \
SAN DIEGO COUNTY
4 MYCOMMISSION EXPIRES JAN. 2% 19*0 P’ \ ca~z.Jz~~zzsa---
-
a STATE OF CALIFORNIA
4 COUNTY OF %%I DIEGO > ss.
a" On PlIfYxfl 14. 1977 before me,
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the undersigned, a Notary Public in and for said County and State,
< personally appeared --- * Frank EiPiazza ad Jacque L.KPiazza*
, known to me
to be the person -whose name s s subscribed to the within
instrument and acknowledged that rhpy executed the same.
Signature
JO&? 1;. i!D&~
Name (Typed or Printed)
Notary Public in and for said County and State
Em?-19 (10/70)
175
FOR NOTARY SEAL OR STAMP
* OFFICIAL SEAL
JOAN L. ADAMS
NOTARY PUBLIC . CALIFORNIA
Principal Office. San Diego Co. Calif.
MY Commission Exp. Dec. 14, 1979
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