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HomeMy WebLinkAboutBP 78-33; Lefferdink, Barton and Marion; 78-318303; Future Improvement Agreement/ReleaseA. - - l?:EcGkn 1 NG * 1554 REQUEST'CD BY 2.ND i I&EN RECORDED MKiL TC: > 1 $3-3&33&3 ril.E/?AGE HO. ~,c,?,!p.K IV8 - PF.QUESTOF City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 5 Cl7Y T cAlzLS&D ::UL 28 9 57 AH ‘78 1 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 - 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; 8555 - 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) . ,..’ . 1557 - . 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* . . 1558 - 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) 1559 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). 1560 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