HomeMy WebLinkAboutBP 78-33; Lefferdink, Barton and Marion; 78-318303; Future Improvement Agreement/ReleaseA. - -
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City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
5 Cl7Y T cAlzLS&D
::UL 28 9 57 AH ‘78
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1 OFFICIAL ZECDRDS SAN OIEGO CCf.!NT'f,CAI IF NO FEE
Space above this lineforRe&SQWti!~~~e RECORDER
Documentary transfer tax: $ No fee m!.
Signature of declarant determining tax- firm name City of Carlsbad
Parcel No. 207-150-8
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CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS -- ----
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City", and Barton W. Lefferdink and
Marion M. Lefferdink, 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. 78-33 ) --
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 ; r.- granted by City in advance of the time said improvements are to be made; *
and
'\ WHEREAS, Property Owner, in consideration of the approval of
said Building Permit desires to enter into this agreement securing the 3
construction of said improvements, and City has determined it to be in the
public interest to agree to temporarily postpone said construction;
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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 78-33 ).
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
July 19, 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 o f the street upon which the property herein
described has frontage, have agreed with City to install street improvements e
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
City estimates
improvementsat
Property Owner
of engineering
improvements shall be made without cost or expense to City.
that the cost of engineering and construction of said
the time of signing this contract is $ 4,682.25 .
hereby acknowledges that said cost is a reasonable estimate
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 1556 .-’
and covenants herein contained, Property Owner hereby grants to City a
li’en upon the hereinafter described property. in the amount of $4,682.25 ,
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 successors, heirs, assigns, or trans’ferees 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 employees 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 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- .
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 futurs be executed by the Property Owner, his
successors, hei i-s, 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 01
purchase money deed of trust. The lien her&y created shall likewise bc
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 foreqlosurc 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 provided,
the Property Owner, his successors, heirs, .assigns, or transferees may
depos*it a cash bond or post a surety performance bond sat isfactory 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 or posting of said bond the City
agr’ees 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 liable’ or responsible for any accident, loss or
damage happen-in9 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
any persons or prppet-ty i
but all of said liabilit
officer or employee thereof, be 1 iable for
njured by reason of said work or improvements,
ies shall be assumed by said Property
his successors, heirs, assigns, and transferees, and they shall save the
City harmless from, and indemnify the City against, any and a 11 claims,
or claim- suits and 1 iabi 1 i ties of or to any person or property injured
Owner, and 1
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 CityaEngineer of City.
Sect ion 8. This agreement and the covenants contained herein
sha 11 be bl ndinq lrpon and i nut-c to the benefit of the successors, hei I-S,
( ‘1 >
’ I
es* .
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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.
’ Section 9. A description of the property referred to herein
and upon which said lien is imposed is desdribed as fol lows:
All of I&. 8 of mat tract described inMap No. 5162, record@ in the Office of the
County Reorder, San Die& County, California, on April 23, 1963.
.
(5)
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Section 10. The required improvements
the, estimated .costs thereof are as follows.:
1. clearing L. s. Imported Fill' $ 500.00 2: (80 C.Y.) 3. R3tiningwal1 (448 S.F.) ' 400.00
4. Cont. Curb & Gutter (56 L.F.) 1,792.oo
'5. 252.00 Cont. Side Walk (277 S.F.) 6. Paving&Base (1036 S.F.) 346.25 518.00 7. Street Trees (1 EA.1 50.00 8. StreetLight (Frontage) (56 L.F.) 9. 224.00 J%gineering (15%) 600.00
, Improvements
l?Yl?ALCOST
Dated: slyly ac r97r
to be constructed and
Estimated Costs -
$ 4,682.25 ---------- -a-------
CITY OF CARLSBAD, a Municipal
STATE OF CALIFORNIA ) : ) ss. COUNTY OF SAN DIEGO ) t
before me the undersigned, a Notary Public peksonally appeared Paul D. known to me to be the City Manager Af the City of Carlsbad, Bussey, 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
$b e ,same.
WITNESS my hand and official seal. : . .
otary Public
APPROVED AS TO FORM:
I
I
. Vincent F. Biondo, Jr.
City Attorney
~&‘%“IC&‘ED AS TO FORkf: , ,
WKENT*F. BIONDO, JR., Citjl Attorney
By &GiL.JA c.g
k~Ul S. Cook, Assistant
(Notarial acknowledgement of execution of owners must be attached).
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to be the person,&whose nam
instrument and acknowledged t
Signat
, known lo me
bscrihed to the within
xecuted the same. NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY
COMMlSSfON EXPIRES MAY 29 1982
Nr\.
d Name (Tvued or Printed)
l-117
Notary Public in and’ for said County and State FOR NOTARY SEAL OR STAMP