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HomeMy WebLinkAboutBP 78-27; Zipser, Stanley and Sigrid; 78-264623; Future Improvement Agreement/ReleaseL ’ 1, *’ 'RECORDINGREQUESTED BY :D ) i ! %FEN RECORDED MAIL TO: iyz3; City of Carlsbad 1200 Elm Avenue ->,.e.*, r .-“.-;~;., ..^ v Car?-&ad, CA . . . .I... ._ I.. FILElPACENO 800~ ir Space above this line for Recorder's Use REDDROEDREDUE~~DF tiS%ePCW CLERK Documentary transfer tax: $ No fee i"x//L JUN 26 9 52 AH ‘18 Signature of declarant detern6nin.g tax- firm name 0FFfciaL tzECOR3S City of Carlsbad S&p/ 01g&y CbJmY, CPLIF: ' Parcel No. 203-021-02 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS MO FEF THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and Stanley Zipser and Sigrid Zipser, husband and wife as community property . hereinafter referred to as "Property Owner". RECITALS: WHEREAS, Property Owner has applied to City for a * Building Permit (Plan Check No. 78-27 ) ’ - for the real property ownership; and WHEREAS, it hegeinafter described, now under Property Owner's .-: has been found that said property is not suitable for development in its present condition; however said property would be suitable for devdiopment if certain public improvements hereinafter described are _ constructed and certain irrevocable offers of dedication are made to City; and; WHEREAS, the Municipaf*\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; l 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 construction; follows: NOW, THEREFORE, IT IS AGREED between the parties hereto as Section 1. That City agrees to record any irrevocable offers of dedication made by Property Owner for said Building Permit (Plan Check Number 78-27 ). described improvements before approval of said Building Permit is granted, agrees to install and construct, or cause to be installed or constructed; --2%? - Section 2. That Property Owner, in lieu of making the hereinafter 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 . June 15, 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 of time which may have been granted by City: (a) When the Eity Council finds that the owners of the frontage, including the frontage of Property Owner, setting streets on both sides of the street upon which the .* extended period of 40% or more between inter- property herein described has frontage, have agr‘eed 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 pet&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 said improvementsat the time of signing this contract is $ 2,‘505.00 . Property Owner hereby acknowledges that said ccst 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) -_ ._ -- . .,^,_. _ L-..- .li T$. ._ d,,.. j and covenants herein contained, Property Owner hereby grants to City a -1i’en upon the hereinafter de&criLed property in the amount of $2,505.00 , 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 all of the following: . . (a) Have the necessary engineering for said improvements -3 - 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 pioperty 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 sa id improvements. In t’he event same is not paid within 3O.days from completion, ‘C’ity may fo?ec1bs.e said lien as provided by law for the .:iforeclosure of mortgages. I ,L- 2 (‘b) Direct the City Engineer to estimate the cost of necessary engineering, and the work req&‘L..red to insta-11 and construct said improve- ‘ment 5, 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;=.Wheirs, 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 the lien hereby created shall be and is hereby subordinated to-and declared to b& inferior and subsequent in lien to the lien of any such purchase money mortgage or purchase money deed of trust 6 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) _.. , = i ..; . L r ; :&* i ,r,*.:; . T. ,.-- . . .~,:I- *.‘ :, , ~~ ..&&$4&&** :.f*-! . . 2,. ;-i&j 5 .i .* _.... . ._ . - 4 I ‘- p726 - 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 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 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 happen.ing or occurring to the work or improvements specified in s this agreement prior to the completion and acceptance of the same, nor shall said City, nor any officer or employee thereof, be 1 iabl& for any persons or property injur:d 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 al? claims, suits and liabilities of or to any person or property injured or claim- ‘> ing to be injured as a result o? 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 upon-and inure to the benefit of the successors, heirs, (4) , assigns, and transferees%of Property Owner, shall run with said real property, and create an equitabl’k 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: Lot.2; GRANVILLE PARK, in the County of San Diego, State of California, . according to Map thereof No. 1782, filed in the Office of the County Recorder of San Di'ego County, February 21, 1924. . EXCEPTING therefrom that.portion.thereof, if; any, lying below the mean 'XT - . high tide line of the Pacific,,Oceqn. . xx . 4 / ,a ,. . .I I xx . . XX.9 * xx ‘2 Y<, ix : , xx \ . xx c xx . . xx . (5) __ . . a;..; -. : & / .‘ ,;~ .;,$‘&&& : _. .hrrM a.%.. ,,~ ,. ,&~gy&%%g?“;” .. i _. ‘_ I) -- . . . . _.. _ ” I r. - I- - .- by728 -. ” . , . Section 10. The required improvements to be constructed and the-estimated costs thereof are as follows: Improvements Estimated Costs 1. A.C. Paying & Base I":; :.;.; 'I $ 1,105.oo 2. 6" Curb & Gutter 375.00 43: 6'! Curb transition ( 40 l:f:, 4" P.C.C. Sidewalk 395 140.00 .oo 5. Portion street,light cost 165.00 6. Engineering & Contingencies 325'.00 TOTAL COST $ 2,505.OO ' : , Dated: flA !/* 3$ /978 /. Y . . STATE OF CALIFORNIA ) \,a ) ss. COUNTY OF SAN DIEGO ) . CITY.OF CARLSBAD, a Municipal :rEJB;x;:;;;eL;;ager On a3 /?7P before me the undersigned, a Notary Public ifl and for saZd 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 Cali,fornia, 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. .' Notary Public APPROVED AS TO FORM: RPPROVED AS TO FORM: * ~INCEN’I: F. BIONDO, JR.,, City Attorney s ;;, @>A u; VinCent F. Biondo, Jr. ,'t. p~aul S. Cook, Assistant 1 City Attorney dMy C&mission _ Expires Oct. 23. (Notarial acknowledgement of execution of owners must be attached). -6- TO 44, c* (d-73) (Individual) m TITLE INSURANCE r STATE OF CALIFORNIA I i , COUNTY OF AuS Al ATICOR COMPANY 2/‘9eLes ss. J t On __ before me, the undersigned, a Notary Public in and for said State, personally appeared Sfeflde,v Z,;dsef? “J- 5$&b/ Z~;d.sf.c~? , w 6 I , I;' , known to me : to be the person c whose names A&e subscribed k to the within instrument and acknowledged that I executed the same. WITNESS my hand and official seal. CFF!CIAL SEAL EhEA?::Z? P. DAHL v Signature NOYAW f%:.i.!C C;.LIFORNIA LOS ANGELES COUNTY My Commission Expires August 14,198l LfFCzE~OR .P .&Ad Name (Typed or Printed) (This area for olllcisl notarial real)