HomeMy WebLinkAboutBP 80-18; Ishii, Takeshi and Reiko; 80-391350; Future Improvement Agreement/Release. . .
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Documentary transfer tax: $ No fee .
Signature of declarant determining tax- firm name City of Carlsbad
Parcel- No. 206-180-37 - -
CONTRACT FOR FUTURE PUBLIC IWROVEMENTS -~
THIS AGREE1JENT is 'made by the City of Carlsbad, a municipal
COrpOKZkiOri , hereinafter referred to as "City", and Takeshi Ishii and
Reikc Ishii as Joint Tenants
hereinafter referred to as "Property Oxncr".
KECITALS :
b?I-!EFu3S , Property Owner has applied to City for a I
Building Permit (Plan Checji No. 80-18 )
for the real property hereinafter described, now under Property Owner's
cwnership; and
IciEREAS, 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 irrevocaSle offers of dedication are made to City;
and; I
WHEREAS, the Municipal Code of City, Chapter 18.40 requires certain
improvements and dedications as a condition of approval of this Building
Permit; and
w3EREAS, Property Owner has requested said Building Permit be
granted 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 securing the
construction of said improvements, and City has determined it to be in the
public interest to agree to temporarily posipone said construction;
.
J N<)\:, , miz-mxwr~~~ I, IT IS AGREZD betwee:-i the parties hereto as
f ol.lows :
Section 1. That City agrees to reccrd any irrevocable offers -- l_--._-_
of dedication made by Property Owner for said. Building Permit (Plan Check
3umkE.r 80-18 1 I
Ee(:tior? 2 I That Property Owner, __--_-__. in i.:'.cu of making the hereinafter
descri.hr:d improvements before approval of said Ruilding Permit is granted,
tirirees ., to install and construct, or cause to be installed or ccnstructed,
said kzprovements 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 sc7i.d improvements before
April 1, 1981 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 cf
city f 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 mere
oi the frontage, including the frontage. of Property Owner, between intcr-
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 intcr-
setting streets on both sides of the street upon which the property herein I
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 $8462.00 .
Property Owner hereby a&nowledges 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 estima?:e.
Section 3. That for the fai.thful performance of the promises -.--- : ,
488
and cc,vr~I-EJnt~s here i I’) C.C>fl’i2 i ncd, Pr-o[w-ty O\?rncr hereby grants to c i ty a
1 ien upon the hcreinzilcr described property i n the amount of’ $ 8462. 00 ,
p 1 us any fu.i:u r-e i ncreascs of cost T n excess of th i s sum resu 1 t i ng f rcjm
i nc^ t-c;_!:;ed et-,<J i f-iL1C,I- i IlCJ a IId c;OnSt t-L1c.t ; Or; cost-S , LItid in the event Property
D;/~ncr, his succczsors, !~e\rs, assigns, or ti-ansi-crecs fail to install
and co!?st ruct sa id irrqrovemcnts in the manner and with.in the time speci-
fied ilt’icir!; 1162 agrees that City may-do any or all of the following:
(a) Have the necessary engineering for said improvements
done, and’instal 1 and construct said improvements by contract or other-
iqi se. City or its cotlt raCi:or and his employees may enter upon any
ptirtion 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
camp t et ion, ‘C’ity may foreclbse 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 said improve-
merits, 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
Property Owner, hi; successors, heirs, assigns, and transferees, sha 11
be 1 iable for reasonable attorney’s fees ;js a cost in sa id- proceedings.
Section 4. -I-- That it is agreed that any-thing herein contained tn
1 the contrary notwithstanding, the promises and covenants made herein shall
not be binding upon t-he holders,’ mortgagees, or beneficiaries of any
purchzs~. money mortgage? or purchase money deed of trtrst- for value which
has been or may in the future? bc+ executed by the Property Owner, his
successors, he i i-s, ass i gns, or. t ransfei-ees, and the 1 ien hereby created
shall be and is hereby subordinated to and declared to be inferior and
subsequcr?t: in 1 ien to the 1 ien of any such;purchase money mortgage or
purcl~se money deed of trust, The lien hereby created shall 1 ikcwise bc:
of no force OI- efl cct against any owner WhCi!;C tit 1~ to the property here-
irmftcr tlcscr-ihcc-l is ac:qu 1 t-cd by or as n rcsu 1 t of’ a force, losu 1-c 01
( 3 1
t I-‘US tees ’ sale of any such pu rch>r~e money mortgage or purchase money
de(I:d of trust.
>cct ion 5. That at any time during the period herein provided,
the Property Owner, his successors, heirs, .assjgns, or transferees may
deposit a cash bond or post a surety perf0rmanc.e bond sat isfactory to
t Ii c C i t y to charge sa,id surety with the cost of said improvements; the
amol.!nt of bond t:o he the estimated cost of eng-ineering and improvements
at the I: ime of such depos it or posting as ascertained by t-he City Engineer,
at-16 that upon deposit of said cash or posting of said bQnd the City
c?CJi*CZC??s to rel :::aSe ttle propert jj, 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.
_Sect ion 6. Said City .ska11 not, nor shall any officer or
cly? oyee 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 erriplovee thereof, be 1 iable for
any persons or prqperty injured by reason of said work or improvements,
but a73 of said liabilities shall be assumed by said Property Owner, and
his successo‘rs, heirs, assigns, and transferees, and they shall save the
City harmless from, and indemnify the City against, any and all claims,
s’uits and liahilit;es of or to any person or p.roperty 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 artir;Ie in the construction of said improvements.
Section 7. It is -- further agreed that -said Property Owner will
at ali times 8.1~ to the completion and acceptance of said work and im-
provements by the City, give good and adequate warning to the travel ing
public of any dangerous or defective condi,tions of pub1 ic property. The
Property Owner here!)y ag t-cc:; to pay for such inspect ion of improvements
as m3y be rcqui red Ly the City Engi necr of City.
Sect i on EL. Thi 5 r7greement and the covenants conta i ncc! hcrci n
sha 11 I>(? b i nd i nq lrpon r7rtd i nit r(i to I-he bcncf i 1: of thr? stIcccs.sors, hcl rs ,
( 11 >
. 490
assigns, and ~:t-ansfet-ces of Pr-operty Ovlnet-, shal 1 run with said t-en!
property, s nd c rca 1: e an equitable set-\/it-ude upor~ said real property.
Sect ion 9 e-- -__.- -d-2- A description of tihe pt-opcrt-y refert-cd to tjcrein
a n d u p 0 n WI-I i c h said lien is imposed is dcsdribcd ~-1s follov!s:
Parcel 2 of,Parcel Map No. 1363, filed in the. Office of the County Recorder of San Diego County, March 2, 1973, being a portion of Lots 13 and 14 in Block "Cl' of BELLAVISTA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the Office of the County Recorder of San Diego County,'llarch 7, 1929.
. . .
I
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(5)
Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements i',c:
Curb 6" Type G
Gutter 18" wide Tyne G-l
Sidewalk 5' PCC
Site Prep
Engineering 6 Contingencies
+ Dated: I/- /3-&O
* STATE OF CALIFORNIA
. COZXI'Y OF SAN DIEGO
Estimated Costs
$ 2640.00
1336.50
2722.50
660.00
1103.00 *
TOTAL COST $8462.00
CITY OF CARLSBAD, a Municipal Corporation of the State of California
Frank D. Aleshire‘ City Manager
On IT /?tf+Q before me the undersigned, a
Notary Publi said'state , pe&onally appeared Frank D. Aleshire
known to me to be the City Manager of the City of Carl&ad, a Municipal Corporation of the State of California, known to me to be the person who , executed the within instruxz" + on behalf of said Municipal Corporation, and acknowle,Zged to me that such City of Carlsbad, California, executed
%. the same.
WITNESS my hand and official seal.
I
* AP
City Attorney
(Notarial acknowledgement of execution of owners must be attached),
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State of California On this the ’ 3th day of November 19 80, before me,
County of San Diego SS. Kristy L. Curtis
the undersigned Notary Public, personally appeared
Takeshi Ishiii and Reiko Ishii * * * * * * *
OFFICIAL SEAL
KRISTY 1 CURTIS NOTARY PUBLIC - CALIFORNIA
known to me to be the person(s) whose name(s) are subscribed
to the within instrument and acknowledged that they
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
GENERAL ACKNOWLEDEEMENT FORM