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HomeMy WebLinkAboutBP 79-61; Duggan, James and Maxine; 79-249354; Future Improvement Agreement/Release,:IJXK:!FtDING ~KEQUZSTED BY I-\ - - ) TKEtS RECORDED f\lhIL TO: ‘ It,. 623 ” 1 City of Carlsbad 1200 Elm Avenue Carl &ad., CA 92008 FILE/PAGE ND. - BOOK1979 R~CDROEDREOU~~~‘~~ , Space above this line for Recorder's-L!Ay Documentary transfer tax: $ No fee Signature of declarant determjnin.q tax- firm name City of Carlsbad ” :. , 4 ‘.J:: ‘pa< ;- ;; ., : : ; . . /. !: ; ; ,.LH OIECO CQirN-iYt CALIF. Parcel No, 211~430-3'43-2 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS MO FEE THIS AGREEMENT is made by the City of Carlshad, a municipal corporation, hereinafter referred to as "City", and James P. Duggan and C. Maxine Duggan I, hereinafter referred to as "Property Owner". RECITALS: a ._ " WHEREAS, Property Owner has applied to City for a . Building Permit (Plan Check No.. 79-61 -1 for the real property hereinafter described, now under Property Owner's ownership; and 2 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 WHEREAS, Property Owner, in consideration of the approval 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; - Ft. 624. - NOW, THEREFORE, IT IS AGREED be!.wcen the parties hereto as follows: Section 1, That City agrees to recurd anI 7 irrevocable offers of dedication made by Property Owner for said Building Permit (Plan Check Number 79-61 ). 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 May 22, 1984 .* or within such further period of time as is granted by City, provided, however, that'upon the happening of either of ,I 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 I of the frontage, including the frontage of Property Owner, between inter- setting 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 $2,166. . 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 (2) , I... v - ., - I i ‘6% - ’ and c0venant.s herein con’taincd, Property Owner hereby grants to City a 1 i’en upon the herei’naftcr described property irl the amount of $ 2,166 , plus any future increases of cost in excess of Zhis sum resulting from increased engineering and construction cost,s, and in the even.t Property Owner, his s,uccessors, 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 all of the following: (a) Have the necessary engineering for said improvements done, and install and construct sa,id improvements by contract or other- wise. City or its contractor and his emp’loyees 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, hei rs, assigns, or transferees immediately upon completion of said improvements. In t’he event same is not paid within 30 days from completion, ‘CTty may foreclose said lien as provided by law for the foreclosure of mortgages. s r. (b) Direct the City Engineer to estimate the cost of necessary engineering, and the work required to install and construct said improve- . merits, and foreclose said lien in said amount. (c) Pursue any remedy, legal or equitable (including those . specifically referred to h&rein), 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’futury be executed by the Property Owner, his successors, heirs, assigns, or transferee’s, and the lien hereby created shall 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 (3) \. . -- _.- _ i, ‘626’ - .‘- - . . * . . , trustees# sale of any such purchase money mortgage or purchase m<>ney 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 sa,id surety with the cost of said improvements; the amount of bond to be the estimated cost of engineering a-nd 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 prop’erty,’ or any portion of it as to which said deposit or post,ing applies, from the provisions of this agreement, -a’nd to execute any necessary release to enable ‘the record title of the pro- . perry to be released from the lien herein imposed, .I Sect ion 6. Said City shall “iiot, nor shall any officer or employee thereof, be liable’ or responsible 5:or any acc.ident, 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 1 iable for any persons or prqperty injured by reason of said work or improvements, - but all of said liabilities shall ‘be assumed by said Property Owner, and his successors, heirs, assigns, and transferees, and they shal,l 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 wi 11 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 bc bindinq upon and inure to the benefit of the successors, heirs, (W “_ 1 ,/ ._ _ . . l 8’ . . - : - . .,.* . i 627 ‘.,._ . assigns, and transferees of pheperty Owner, st13jl 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 u.pon which sai’d lien 'is imposed is destiribed as .follows: . PARCEL A: . ' : . Parcels 1 and 2, in the City of Carlsbad, County of San D?ego, State of California, as shown at Page 6693 of Parcel Maps, filed in the Office of the County Recorder.of San Diego County, December 23, 1977. . . PARCEL B: . An easement for ingress- and egress and for road and utility purposes, over, under, upon and across that portion of Parcel 3, in the City of Carlsbad, County of San Diego, State of California, as shown at Page 6693 of Parcel Maps, filed in the Office of the County Recorder of San Diego County, December 23, 1977, lying Southwesterly of the I Northwesterly prolongation of the Northeasterly line of said Parcel A - above described. ; ._." - . . s- Z. ? . . . c . - .- ~. -. . . . i __.- . /_,, ,. ..,. : _- _, : i* [. .6z& : ; .i ___ 1’. I -I’ : . ,’ : - ..-. : 1 *‘. I : -. ,. .* I . . / l . Section 10, The required improvements to be constructed and ----- the. estimated costs thereof are as follows: . , Improvements Estimated Costs . 10” water.line from Avenida Encinas to Paseo de1 Norte. $ 2,166 . . ‘x :’ . . t . TOTAL COST $ 2,166 C. Maxine Duggan STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1 ) ss. 1.. -*,, CITY OF CAPLSBAD, a Municipal :f~~Y?Y;.Y:,,._ . , dn 1.3. 1979 before me the undersigned, a kotary Public &h and for said State, p e&ionally 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 'per'son who executed the within instrument on behalf of said Municipal.Corporation, and acknowledged to me that such City of Carlsbado California, executed the same. . . WITNESS my hand and official seal. : .s L 0, R . . . Notary Public execution of owners must be attached). -6- TO 18.4 CA (8.74) (Individual) STATE OF CALIFORNIA Orange > SS. COUNTY OF lllLEJ!5t!5AN” On Mav 75. 1979 before me, the undersigned, a Notary Public in and for said State, personally appeared James P. Duggan and C. Maxine Duggan* , known to me to be the person S whose name S are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. ---?d=db&e OFFJCIAL SEAL MARY ANN MC CARTHY NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY h comm. exaires JUN 2. 1981