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HomeMy WebLinkAboutBP 79-119; Wilke, Elmer and Dorothy; 80-125759; Future Improvement Agreement/ReleaseL i -.,, 1. , ” ..- . -.--i--&: REC:'?!i t NG Fi:$Wf,TEr) BY CL9 ,' 147 1 b* -* . C:d t',EC'ORh IV+ !L TO: \ < - 1 'City of Carlsbad 12diz E ~CI Avei11.1~ Cxrisbaci, CA 92038 -, i. i: ) .. I I,,-/ I ; ‘: - 4-1 :3; , :;giji ,..: : c: g-25759 F,EC()ROED R~QUL5‘~ OF - ) i (+;\~~A& ‘~. Space above this 1i$???$$$&~~g$~r~s -- use RECORDER Documenta ry t rans T-et- tax: $No fee Signature of declarant de.termining tax: firm name City of Carlsbad Pa rce 1 No. 215-4OC-DT ‘P P-w CONTRACT FOR FL’TURE PllBLiC tMPROVF.ME:I-':S -__-...---. .---..- ._ . THIS AGREEMENT is made by the City of Carlsbad, a municipal corpora t ion, hereinafter referred to as “City”, and Elmer V. Wilke and Dorothy D. Wilke, husband and wife as joint tenants 3 hersinafter referred to as “Proper- ty Owner”. RECITALS: WHEREAS, Property Owner has applied to City for a BurumG PERMIT. (PLAN CHECK Mo,79-119 3 for the real property hereinafter described, now under Property Owner’s Z’ ownership; and WHEREAS, jt has beer! fotind that said prnperty is not suitable for development in its present’ condi t ion, however said property would be suitable for development if certain pub1 ic improvements hereinafter described are constructed and certain irrevocable offers of dedication are made' to City; and WHEREAS, the Municipal Code of City Chapter IS.40 requires certain improvements and dedications as a condition of approval of this Building Permit ; and WHEREAS, Property Owner has requested said Building Permit made; ancJ l QHEREAS, Property Owner, in consideration of the approval of *y__-_. *‘.L1_.__.” ,.,, ..I. .I. .__“_. . _ - . . . . ._.__“,“_,. ._ ,.. 1 . < . > * . . ’ . P472 i., ;11 ; (-- Bui 1 ding Permit 79-4097 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; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Sect ion’ 1. That City agrees to record any irrevocabie offers of .dedication made by Property Owner for said Building Permit (Plan Clleck No. 79-119 ). m Section .2, That Property Owner, in lieu of making the herein- after described improvements before approval of said Building Permit is granted, agrees to instal’l and construct, or cause to be installed or cons t rutted, said improvements in accordance with plans and specif i- cations approved by the City Engineer within 60 days after written demand so to do by City. Property Owner shalt not be required to make said improvements -before January 1, 1981 or within such further period . of. time as is granted by City, provided, hdwever, 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 improve- ments to City specifications. . a. (b) When owners of more than 50% of the frontage, between intersecting 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 improvements at the time of signing this contract is $1,890.00 . 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. That for the faithful performance of the promises ;.’ ’ : : * I I I, . (2) ‘* :c ,_ ,*--- . . . . . -.-.~...‘-Cuh.--~.-I.- ..,- -.--.9..---C-“----. -Y....--C.....*_r..-“.-e,- ---..,..-* ..-... -“,....-w-‘.M.- L . .- I. ,,, . .,_. .I( . . ..I .‘,. ,, 1.. I .r,, .” . . < - ,. 1413 . . * and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $1,890.00 , plus aljy future increases cf cost in excess of this sum resulting from increased engineering and construction costs, and in the event Property Owner, his successors, 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 al 1 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 the event same is not paid within 30 days from completion, City may foreclose said lien as provided by law for the foreclosure of mortgages. (b) Direct the City Engineer to estimate the cost of necessary eng i nee r i ng j 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 equitable (including those specifically referred to herein), for the foreclosure of a lien, and the Prope.rty 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 transferees, and the lien hereby created shall 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) : . .._- .-...w,.~.-- .~---.--..“..m Ww.w.CI..C~ I....“--““--“.IC”rC m.a..s”.-s----rm*.e...“~~~*~. --- -“--I.--I-. r . . . (,., r . -’ * .- *. 1474 % i-ustees ’ sale of any such purchase money mortgage Jr 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 sat isfactory to the City to charge said 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 posting as ascertained by the 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, and to execute any necessary release to enable the record title of the pro- perty to be released from the lien herein imposed. Section 6. Said City shall not, nor shal I 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 th‘is. 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 property injured by-reason of said work or improvements, but all of said liabilities shall be assumed by said Property Caner, 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- 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 inspection 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 > : ,’ ,. .’ ‘I ,’ .(,,. . . : <- .IC*.,.-C- I..._ i -,--. .-“..,,, ,. .,?....-“- -w-*‘TU.-TCI ..--.-m -.-v-C’.--. . . . . . . -w..,.m.s.-ml -.-..^--I -.--..-I.--.-..----- - l . ’ i assigns, and transferees of Property Owner, shall run with said real p.roperty, and create an equitable servitude upon said real property. Sect ion 9.- A description of the property referred tc herein and.upon which said 1 ien is imposed is described as follows: Lot 742 of LA COSTA M’EADOWS Unit 4 Per Map #7367 . _,I. .i . .; -. . . k ,. .: :. ,_ - . k ’ . (5) I_ ?. l , . ..* . l b Section 10. The ,equired improvements to k. constructed and the estimated costs thereof are as follows: Improvements Estimated Costs 5' PCC Sidewalk (per City.Standard G-7) 1260 S.F. $ 1,890.OO Dated: 3 ,&;=5 -zF h S'llAtiE OF CALIFORNIA ) TOTAL COST -$ 1,890.OO . CITY -OF CARLSBAD, a Municipal Corporation of the State of California B~sz-4 w FRANK,ALESHIRE, City Maniger ) ss. .-; . CKTNTY OF SAN D 4 /4fD~ On before me the -undersigned, a ' Notary Public in and for said State, pe&onally appeared F&%V&-AiZ5S~1&& 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 Carlsbad, California, executed the *same. . ‘: WITNESS my hand and official seal. - / tbtorr Public . Cal:* Pfin;ipal Ottice -1; S&N DIEC;r) COUNT% &TVs MV Commhsfm Expires NOV. 4. 1983 3. (Notarial acknowledgement of execution of owners must be attached), ‘ -6- STATE OF CALIFORNIA ss. COUNTY OF . . . . s.~K.?%?a;Q.. __.________________...... On March 25 1980 ................ ................. ...... . . ....................... . b e ore me, the undersigned, a Notary Public in and for said State, personally appeared f ............................. Elmer..v,...~il.~.~...~~ ..................... ..- ..................... ............................................................................................................................ ........ Dom~hy...D .? Wi Ike .... ................................................................................. known to me to be the person(s) whose name(s). fl?X.. ... ............. subscribed to the within Instrument and acknowledged that.......... WITNESS mv hand and official seal. (Seal) .-,. l n-r I-L,,nci E;::,,.‘-~ ~liVl. 04s200 12-76 * 25 PS Individual Notarial Acknowledgment they ______ executed the same.