HomeMy WebLinkAboutBP 79-143; Lewis, Dorene; 80-024478; Future Improvement Agreement/Release.
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City of CarIsbad i
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Documentary transfer tax: $No fee
I Signature of declarant de,termining tax-
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firm name
City of Carlsbad
Parcel No. 206-l 80-39
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CONTRACT FOR FUTURE PUBLIC kMPRO-IJEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and DORENE L. LEWIS,
an unmarried woman , hereinafter referred to as “Proper-
ty Owner".
RECITALS: -
‘#iEREAS . Property &!ner hd5 ;li;p:ied TV Cyzy :C,Y a
BUILDiNG PERMIT (PLAN CHECK MO. 79-143 i
for the real property hereinafter described, now under Property Owner’s
“’
ownership; and
WtiEREAi, it has been fotind that said property is not: suitable
for development in its present condition, however said pro.perty ‘would be
suitable for development if certain public improvements hereinafter
descr’-ibed 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 apprcval'
cf 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 ; and
l WHEREAS, Property Owner, in consideration of
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5.1 i d Building Permit desires to enter into this agreement
securing the construction of said improvements, and City has determ i ned
it to be in the pubi ic interest to agree to temporarily postpone sa id
const ruct ion;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
fo! 1 =?‘WS :
Sect ion’ 1, That City agrees to record any irrevocable offers
of dedication made by Proper,ty Owner for said Building Permit
(Plan Check No. 79-143 ).
Section .2. That Property Owner, in lieu of making the herein-
after 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 specifi-
cations approved by.the City Engineer within 60 days after written
demand so to do by City. Property Owner shall not be requi red to make
sa id i.mp rovement s -before December 1, 1980 or within such further period .
of time as is granted by City, pro/idled, h,zwever, 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 &id date or such
_ extended period of time which may have been granted by City: z
(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.
(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 pet it ioned 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 $6583.00 e
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
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a’nd covenants herein contained, Property Owner hereby grants to City a
1 ien upon the jlereinafter deqcricsd ~jr-rJ~jer*i:i/ irl the amouist of $6889.00 I
plus any Future increases of cost in oxces- 5 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 insta!? 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
engineering, and the work required to install and construct sa,i,d 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
Pr0pe.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 or PI... ~~chasemoney deed of trust for value which -’
has been or may in the future be executed by the Property Cwner, his
successors, heirs, assigns, or transferees, and the lien hereby created
Sha?l be and is hereby subordinated to and declared to be inferior and
subsequent in lien to the 1 ien 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
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986 .-“’ : ., _- . . tiust~es sale of any such purchase money mot-tgag, 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
deposit a cash bond or post a surety performance bond satisfactory 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 t,o 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
ehi s agreement prior to the completion and acceptance of the same, nor
shall said City, nor any of-ficer or employee thereof, bc 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 Goner, 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 1 iabi 1 ities 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 ftirther agree d that said Property Owner w ill
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 defe ctIve conditions of pubTic 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 ‘I t I’ ._I -*v * c . ..c. .-, I -...-._ ~ ___cII _. ._l _._. *--C-...-TI.-~“~----Ir .r-.--..--.--r‘---r.-----.-- -.-.-e-l- .“.----Y--. _’
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assi.gns, and transferees of Property Owner, shall run with said real
p.i-<iperCy , 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 described as follows:
Parcel 4, in the City of Carlsbad, County of San Diego, State of .
California, as shown at Page 1363 of Parcel Maps, filed in the
Office of the County Recorder of San -Diego County, March 2, 1973.
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: . b Section 10. TL required improvements to . constructed and
the e'stimated costs thereof are as follows:
Improvements Estimated Costs --
Excavation and Site 6' PCC Sidewalk 6" Curb and Gutter Street Lights Street Trees l/2 Width (20'W) AC
Prep L.. F S.F. L.F. . L.F. L.S. Pavincr - 2" Thick Base Course - 4" Thick A
Dated:
STATE OF CALIFORNIA ) 1 ss. COUNTY OF SAN GO )
S.F.
$ 1085.00
1395.00
1085.00
465.00 100.00 930..00 930.00
599.0.00
Engineering & Contingencies $ -899.00
TOTAL COST .$6889'.00 . . . :
lq&77$$ #gT y&k. ; ; . .
Property Owner
CITY OF CARLSBAD, a Municipal Corpo$ation of the State of
er
executed the within instrument on behalf of said Municipal Corporation, . and acknowledged to me that such City of Carlsbad, California, executed the same. .
.
i.. WITNESS my hand and official seal. A n
CYFrC&L 5 :,., k
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ANITA DICK MURPHY 6
Maorvrv Pub14 - C&if.
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Principof Otlice In SAN DIEGC COUNTY
XIIYI Frnirv NW. 4. 1983
-(Notarial acknowledgement of execution of owners must be attached).
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3 -- personally appeared 007 C’ j/ 6 1 L S /m A
, known to me
to be the person- whose nameAsubscribed to the
within instrument and acknowledged thauexecuted the same.
8 SAFECO
FOR NOTARY SEAL OR STAMP
“1 , ..*.. --
WFNOY C SAULS
NOTAl?Y PUBLIC - CAUFORNIA
AL It
~IWPACE i;L RWK1980--
RECORDED REQUEST05
ADDRESSEE
JAN 22 11 20 M W
OFFICIAL 1:5CDff OS SAN DIECO COUNTY, CALIF. VEiiAL.LYLE ,RECORDER,
NO FEE
.