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HomeMy WebLinkAboutBP 78-59; McChesney, David and Janice; 78-262717; Future Improvement Agreement/Release* . ,a Zfi!! RECORDING REQUESTED BY A:L<D ' WHEN RECORDED MAIL TO: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 -w.*,. ” ‘%*r*:, - ; FILE/PAGE ti0,_78-126~71~ ,’ BOOKWB ~'RECORDEDfKOUESIDF 1 ; G% w JUN 23 I 12 09 fH ‘18 ; OFFI~IALRECOROS .) . SANUIECO CtMJNTY,CALIF. Space above this line fo NO FEE Documentary transfer tax: $ No fee m/L Signature of declarant determining tax- firm name City of Carlsbad Parcel No. 204-081-03 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and David C. McChesney and Janice McChesney, 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. 78-59 ) for the real property hereinafter described, now under Property Owner's -ownership; and )I 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 granted by City in advance of the time said improvements are to be made; l and WHERFIAS, Property *zner in ccns I ideration of the approvai 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; k&’ . . . ’ ‘. 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 78-59 1. 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 Ci.ty Engineer within 60 days after written demand so to do by City.& ' Property Owner shall not be required to.make .said improvements before March 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 extended period of time which may have been granted by City: (a1 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 $ ]..560.00' . 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. r Section 3. That for the faithful performance of the promises (2) __ o.-;-~ . ,.< *‘, _, .~;r$&-~,r:,i~ ,. ,. ‘.-..:fl”r.‘,y ‘. ‘. *.i:: _ ., . . , . . . : ,i -: .?.:yg- .___- ..,. r I -. ..--.- (-^--I- . . ..___ A-: - F‘ 288 - and covenants herein contained, Property Owner hereby grants to City a li’en upon the hereinafter described property in the amount of $1,560.00 ', 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 s.uccessors, heirs, assigns, or transferees fai 1 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 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 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 t’he ev,ent same is not paid within 30 days from completion, ‘C’ity may foreclose said lien as provided by law for the foreclosure of mortgages. L’ , (b) Direct the City Engineer to estimate the cost of necessary engineering, and the work required to install and construct said improve- ment s , and foreclose said lien in said amount. (c) Pursue any remedy, legal or equita’ble (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’future be executed by the Property Owner, his successors, heirs, assigns, or transferee.s, and the lien hereby created Lshall be and is hereby subordinated to and declared to be inferior and subsequent in lien to the lien of any such purchase money mortgage or purchase money deed of trust. 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’ ;..: ;.\ trustees’ sale of any such purchase money mortgage or’purchase money deed of trust. I .; 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 suret,y 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, a.nd 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 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 liablg for any persons or property injured but all of said liabilities sha 1 by reason of said work or improvements, . 1 ‘be assumed by said Property Owner, and and transferees, and they shall save the , his successors, heirs, assigns, 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- perty Owner, and h’is successors, heirs, assigns, and ing to be injured as a result of said work .or improvements; Said Pro- transferees, further ‘1 oyees thereof from agrees to protect said .City and the officers and emp 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 tha t 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 required by the City Engineer of C i tY. Section 8. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, (4) ’ I __- _ __ - ~-. .,.-..- ,, , ,& “_ .- . . - . ._ _, +‘:,:,.j’;l . * , . . . ‘,* -. -..-- _--... -,-.: -- ‘. - . . * . 230 assigns, and transferees of Property Owner, shall run with said real property, and create an equitable 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: South half of Lot 21 and all of Lot 22 in Block 31 of Town of Carlsbad, City of Carlsbad, County ti San Dieglo, State of California, according to Map thereof No. 535;filed in the office of the County Recorder of San Diego County, May 2, 1888. xx . . xx xx xx .Y XX- xx xx xx * xx xx . P’ 231 . . Section 10. The required improvements to be constructed and ; the-estimated costs thereof are as follows: Improvements Estimated Costs 1. A:C. Pavement & Base . 1050 s.f. $ 680.00 2. 6" Concvete Curb 37.5 1.f. 190.00 3. 4:: P.C.C.,Sidewalk . 188 s.f. 200.00 4. Portion street light cost Lump Sum 85.09 5. Grading & Site.Preparation Lump Sum 200.00 6. Engineering & Contingencies ( 15% > 205:oo. . . TOTAL COST $ 1,560.OO ' Dated: yh?y- 7p CITY OF CARLSBAD, a Municipal f;iF!E.iJJ;e;ager STATE OF CALIFORNIA ) 1 ss. 'COUNTY OF SAN DIEGO ) . : r dn 4 da. iqn? before me the undersigned, a Notary Public ifland for said 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 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 Ca the same. . . WITNESS my hand and official seal. : . APPROVED AS TO FORMS ~lN.CENT F. BIONDO, JR., City Attorney, -. 'APPROVED AS TO FORM:~.:: Vincent F. Biondo, Jr. City Attorney (Notarial acknowledgement of execution sf owners must be attached). -6- - _- __- . L TO 19.44 CA (8.74) (Individual) 232 ;~TLEu~IAN” STATE OF CALIFORNIA ss. *llCoR COMPINY COUNTY OF S&d D IECB On . I State, personally appeared n?c cl-;rR// ‘Jw/d c. before me, the undersigned, a Notary Public in and for said #ciCU~~~fid 4- ~qv/C/: a. ) 4. b d , known to md to be the person&-whose nam-subscribed to the within instrument and acknowledged that- executed the same. WITNESS my hand and official seal. Signature (This area for official notarial seal)