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HomeMy WebLinkAboutBP 78-100; Kennedy, Joe & Beverly; 78-366213; Future Improvement Agreement/Release. e fi 456 .c e?.E~ORTjXNG REQUESI'ED F‘li- AND j- ,.-WHEN RECORDED ML31L TO: 1 City of Carlsbad 1.200 Elm Avenue Carlsbad, CA 92008 --- ; 1 ; oFFlCl:qwmc~ 34H DIEW Cv!dNTY,4J?i HARLEY f, BLOOH. 1 RECIMDER -7---- f’#O FEE Space above this line for Recorder's Use Documentary transfer tax: $ No fee o&/, Signature of declarant determining tax- firm name City of'carlsbad Parcel No. 206-180-11 .----- .- .-- CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS .___-I___ THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and JOE N. KENNEDY and BEVERLY KENNEDY, husband and wife, as joint tenants, hereinafter referred to as "Property Owner". RECITALS: -- WHEREAS, Property Owner has applied to City for a ‘ Building Permit (Plan Check No. 78-100 > -_ 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 dedicaticn 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 or said Building Permit desires to enter into this agreement secur.ing the construction of said improvements, and City has determined it to be in the public interest to agree to temporarily postpone said construction* ’ 1 . .r- I L rtt57 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 78-100 1. described Section 2. That Property Owner, in lieu of making the hereinafter 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 July 17, 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 $ 4,617.OO . 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. Section 3. That for the faithful performance of the promises . (2) and covenants herein contained, Property Owner hereby grants to City a li’erl upon the hereinafter described property. in the amount of $4,617.00, plus 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 a11 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 coinp 1 et i on, ‘C’ity may foreclose said lien as provided by law for the foreclosure of mortgages, 0.4 Direct the City Enyixeet- to estimate the cost of necessary eng i neer i ng, and .the work required to install and construct said improve- ” ment s , and foreclose said 1 ien 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 or purchase money deed of trust for value which has been or may in the futtirr? 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 OI purchase money deed c,f trust. The lien hereby created shall likewise be of no force or effect against any cJWI?cfr whose tit Tc to the property here- i naf’ter dcsc r i bed i s acqu i r-cd by or as a rest 1 t of a forec losu I-C or (31 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 said 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 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 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 1 iable. 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 a.11 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 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 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 public of any dangerous or defective conditions of public property. The Property Owner hereby agrees to pay for such inspect ion of improvements as may be required by the City Engineer of City, Sect ion 8. This agreement and the covenants contained herein shall be binding ripon and inure 1.0 the benefit of the successors, heirs, ( ‘I 1 3, - . I . . . : . . IQ60 - assigns, and transferees of Property Owner, shall run with sajd real property, and, create an equitable servitu,de 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: That portion of Lot,8 in Block "C" in BELLEVISTA, in the City of Carlsbad, Countiy of San Diego, State of California, according to Map thereof No. 2152, filed in the office of the County Recorder of San Diego County, March 7, 1929, lying Northwesterly of the following described line: BEGINNING at- a point on the Southwesterly line of said Lot 8, being on the arc of a 225.00 foot radius curve, concave Northeasterly, distant along said Southwesterly line 4.84 feet Northwesterly from the most Southerly corner of said Lot 8; thence Northeasterly in a straight line to a point on the Northeasterly line of said Lot, distant thereon South 16°19VOO" East, 90.56 feet from the most Northerly corner thereof. . (5) . . *I * 1 A - - . 361 I Section 10. The required improvements to be constructed and the. estimated costs thereof are as follows: ' Improvements 1-1 Estimated Costs 3” A.C. Paving (3,200 S.F.) , $ 1,120.oo 4" Aggregate Base P.C.C. Curb 6 Gutter t;g; ;.p*1 960.00 675.00 5’ P.C.C. Sidewalk (150 L:F:) 825.00 Portion of Street Light D-GP SUN . 435.00 Engineering 6 Contingencies (15%) 602 .OO Dated: OL~$U;.~I~ [Q7 I TOTAL COST $ 4,617.OO ’ CITY OF CARLSBAD, a Municipal the State of . S!CATE OF CALIFORNIA ) ) ss. CO&TY OF SAN DIEGO ) ty Manager - On -. before me the undersigned, a Notary Public in and for said State, peisonally appeared Paul D. Bussq7, 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. .m Notary Public APPROVED AS TO FORM: b APPROVED AS TO FORMY d VJNCENT F. BIONDO, JR., ,City Attorrgy %kent F. Eiondo, Jr. City Attorney By flddu pad S. Cobk, Ass.istant __.- - . . .-.. -.._----- ___ ,_ _._____ -_---.- - ‘-‘-- aria1 acknowledgement of execution of owners must be attached). I i . . . -- --.~---._ _. _ _____ 1' _I._ _-I__.__ -----.-___ -z-p- - .-----1* -Y I_ -.__.pv___l__l -.-- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CARLSBAD 1 On August 25, 1978 before me, the undersigned, the City Clerk of the City of Carlsbad, a city wiihin 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 executed the same. h,e ,I, MARGAREY E. ADAMS City Clerk of the City of Carlsbad STATE OF CALlqORNIA, . z, \ 2 to be the person&.-.whose name co to the within instrument and acknowledged executed the same. WITNESS my hand a d official seal.- Signature igned, a Notary Public in and for said ?==== uITICIAL SEAL ’ REG F. DUPUY ..--- -. IW 1AR-f PUBLIC - CALIFORNIA L-S ANGELES CCUNTY (This arca for o@cial notarial seal)