HomeMy WebLinkAboutBP 78-36; Gavin, James and Karen; 78-250898; Future Improvement Agreement/Releasei-
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FILE/PAGE W. 800#19?0 REl;;9f;r?f? REOtlEST Of
"?SfC3fi%1:iNG REQUESTED BY AND ) WXN KCORDED F4AIL TO :
; City of earlsbad 1 1200 Elm Avenue 1 Carlsbad, CA 92008
,'
Cfifl&@..CITY CLERK
;!ux IF; IO 21 AH ‘18
OFi iL:Ai. F;.ICOROS SANDIECi;-COUHTY,CALIP;' HARLEY F.Bl.004 RECORDER
.- 1 Space above this line for Recorder's Use MO FEE
Documentary transfer tax: $ No fee FflL
Signature of declarant determining tax- firm name City of Carlsbad
Parcel No. 210-020-20
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City", and James We Gavin and
Karen C. Gavin, 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. 78-36 1
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
WHEREnS, Property Owner has requested said Building Permit be _- qranted 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 secur.ing the
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public interest
a;ij-d i-ii$ 1: o Yeli-Leil La * uiiG CILY 1~ds 3aieLiuiIEci ii- Lo i_le: ii1 tlit?
to agree to temporarily postpone said
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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 78-36 ).
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
June 15, 1979 or within such further period of time as is
granted by City, provided, howeverp 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 shgkng this contract is $ 5,165.00 .
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. '.Tf: c' t * fsr t-A:2 f3 4 +-p&f::1 *.&AA. L pcyforr,ancs 02 kllc prowises
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and covenants here
1 i’en upon the, here
in conta i ned, Property Owner hereby grants to City a
i nafter descr ibed prope,rty in the amount of $5.165.00 ,
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 iqprovements 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
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 pkoperty 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 t’he event same is not paid within 30 days from
completion, ‘C’ity may foreclbse said lien as p’rovided by law for the
foreclosure of mortgages,
(b) Direct the City Engineer to estimate the cost of necessary
engineering, and the work requi red 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
Proper’ty 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 futurp 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 or
purchase money deed of trust. The lien hereby created shall 1 ikewise be
of no force or effect against any owner whor,c title to the property here-
inafter described is acqufrccl by or as a result of a foreclosure 01
(3)
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trustees’ sale of any such purchase money mortgage or purchase money . :
deed of trust. .
.
Sedt 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 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,
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
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 prpperty 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-
pert-y 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.
Sect ion 7. -I 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 pub1 ic property. The
Property Owner hereby agrees to pay for such inspection of improvements
as may be rcquircd by the City Engineer of City.
>ect ion 8. This agreement and the covenants contained herein
shall hc binding tlpon and inure to the benefit of the! s[Icccssors, he1 t-s,
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assigns, and transferees of Property Owner, shall run with sajd real
property, and. create an equitable servitu,de upon said real property.
Section 9. A description of the property referred to herein
and upon which said lien is imposed is desdribed as follows:
Lot ,ZO of TIERRA DEL ORO, -ii-~ the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 3052, filed in the Office of
the County Recorder of San Diego County, February 4, 1954.
EXCEPTING THEREFROM that portion now or here.tofore lying below the mean .
h-igh tide line of the Pacific Ocean. .
xx
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xx
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xx
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xx
xx
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Section 10. The required improvements to
the estimated costs thereof are as follows: .
Z
, Improvements Estimated Costs
1. A.CI Pavement & Base
2. 6" P.C.C. Curb & Gutter .
3. 4" P.C.C. Sidewalk
4. 6" P.C.C. Median Curb
5. Portion Street Light Cost
6. Engineering & Contingencies
3510 S.f.)
117 1.f.)
585 s.f.)
i
117 1.f.)
lump sum)'
,15% )
be constructed and
' $ 2,630.OO
585.00
615.00
410.00
250.00
675.00. .
TOTAL COST $ 5,165.OO
Dated: as- JiMs/q7k
Property Owner
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I
CITY OF CARLSBAD, a Municipal
::T~:::^,:I.,er -
On AJ/-dL A?, t97g before me the undersigned, a
Notary Public i and for said State, peisonally appeared Paul D. Bussey,
known to me to e 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., City Attorney
+ BY: PAYL s.
(Notarial acknowledgement of execution of owners must be attached).
-To ,844 CA (8.74)
(Individual) Tl~l;~IAN”
STATE OF CALIFORNIA ss. *TKm CCIMPANY
COUNTY OF 0ranp;e
t
On June 5, 1978 before me, the undersigned, a Notary Public in and for said
State, personally appeared eC.,
z
2
Y , known to me
0. to be the personwhose namearesubscribed
s to the within instrument and acknowledged thaa
executed the same.
WITNESS my hand and official seal.
Signature
.“,V ’ A “)/ fz. -j--f ..,. * ‘--y&-& r’ <ti
I (This area for otiicial notarial seal)