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HomeMy WebLinkAboutBP 82-234; Corrigan, F.M. and Nancy; 83-000727; Future Improvement Agreement/Release‘;t~~o~~~~~,~~~~“~,~~~D~~~,~No ,’ 11,69 I P.’ * I IL 830O-Q0727 q ; ,-, Y City 0; Carlsbad .: v 1 ‘, \ ii 1200 Elm Avenue Csrlsbad, CA gzoo8 ; r RECcirpEf? IfJ --1 ” / OFFfClrti. r,:f(,:,::ps OF S/i!4 C;[[:; I:;,;N;“y, ‘;,y / / 1 1 I IE83 JAN -3 A# ia 12 No FEE 7 VI . ., ,I. tj$$i~~l.j?n~~~~$t- Recorder’s Documentary transfer Signature of declarant de,termining tax- firm name City of Carlsbad Parcel No. 21s‘-zzo- 17 CONTRACT FOR -FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and 1G. r\- 8 rrwu 1,- COfUU GAN ty Owner”. , hereinafter referred to as “Proper- RECITALS: WHEREAS, Property Owner has applied to City for a BUILDING PERMIT (PLAN CHECK MO, 82 -234-/ 1 for the real property hereinafter described, now under Property Owner’s .zz ownership; and WHEREAS, it has been found that said property is not suitable .> for development in its present condition, however said prqperty would be suitable for development if certain public improvements hereinafter described are constructed and certain irrevocable offers of dedication are made to City; and / I WHEREAS, the Municipal Code 0.F City Chapter 18.4! 0 x5 requires certain improvements and dedications as a condition of approval‘ of this Building Permit ; and WHEREAS, Property Owner has requested said Building Permit be yr;lnt:ecl by City in advance of the t ime said improvements are to be made; and ” Wti EREA S , Property Owner, in consideration of the approval of (1) ._ . .._ _. . . _ if __.._. , . ..-- .-- . .._ .,... - _.._ ,. _ . ,._,_,.. ._ ,__ ._ _.__.. .-- 1, \ i- - l.l?O - said’ Building Permit 2,2-z34- 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 fol lows: Sect ion’ ! . That City agrees to record any irrevocable offers of dedication made by Proper,ty Owner for said Building Permit (Plan Check No. 62-234 ). Sect.ion .2. That Property Owner, in lieu of making the he-rein- after described improvements before approval of said Building Permit is granted, agrees to instal.1 and construct, or cause to be installed ’ or constructed, said improvements in accordance with plans and specifi- cations approved by the City Engineer within 6O*days after written demand so to do by City. Property Owner shall not be required to make said improvements -before DEC, 3,fC1$3 or within such further period . of time as is granted by City, provided, however, that upon the happening of either of the following .occurrences said improvements may, at the sole election of City, be requ i red to be made sooner than said date or such extended period of time which may have been granted by City: ‘k. (a) When the City Council finds that the owners of 40% or more .L$ 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 petit ioned the City to form an improvement di strict for the improvement o-f 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 +--36,*25 . Property Owner hereby acknok:ledges 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 faithfu? performance of the promises (2) ._ . .- ._. - .._* ..,_ ._. ..- ,....__.. . ., -. “. l.. --.-__.. - - .-.- ~ 1171 - *’ and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of ‘Er36.2 5, 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 successors, heirs, assigns, or transferees fail to install and construct sa id 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 I 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 3 engineering, and the work required to install and construct sa,i,d improve- merits, and foreclose said lien in said amount. (c) Pursue any remedy, legal or equitable (includhg 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 or purchase money deed of trust for value which - 1 has been or may in the future be executed by the Property Owner, his I I successors, heirs, assigns, or transferees, and the lien hereby created ! / shall be and is hereby subordinated to and declared to be inferior and , I subsequent in lien to the lien of any such purchase money mortgage or purchase money deed of trust. The lien hereby created shal 1 likewise be I I 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 1: (3) _.“.. ,. _....- . - _ .---- . . _,___ -” 1 __ _.I _.. ._____ i. i t ’ . 1172 trustees’ sale of any z .zh purchase money mortgag; 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 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 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, 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 shall not, nor shall any officer or :- . employee thereof, be 1 iable or responsible for any accident, loss or damage happening or occurring to the work or improvement’s specified in this agreement prior to the completion and acceptance of the same, nor shall said City, nor any of.f icer or employee thereof, be 1 iable for any persons or property injured by reason of sard work or improvements, but all of said liabi?ities shall be assumed by said Property.O%ner, and his successors, heirs, assigns, and transferees, and they shall save the City harmless from, and indemnify the City against, any and %I1 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, hei t-s, (4) . .I ‘ l ’ -t 7 . lP?3- ‘a 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 described as follows: 3 . * . . . *, Y 1174 4 . Section 10. Thts required improvements to 3e constructed and *i the estimated costs thereof are as follows: . Improvements Estimated Costs 65 LF 5' WIDE 3io~wALK %3 I 2 51-f $ 536zL5 ? b Dated:.. ,ti,jz', 'T; . K . CITY OF CARLSBAD, a Munic%pal Corporation of the State of . California STATE OF C;.zz 5: ;- F2;i-A ) ) ss, COUNTY Or;-S2.L; DIEGO ) . cn ,SJ&&@& 28, /9;a, before me the .undersigned, a Notary PubiLz :i? and for skid State, pekonally appeared Frank' D. Aleshire, known to me 22 3-2 the City Xanagcr of the City of Carlsbad, a Municip,al Corporation ~5 the State of California, known to me to be the person who executed the r-ithin instrument on behalf of said Municipal CorporatioiI, and acknowle~;zZ to me that such City of Carlsbad, California, executed the -same. \ , WIZ~:;ZSS my hand and official seal. I -u-5- ‘APPROVED AS 73 ZOi?ZM : (F\?otari aI. ac~rno~J~cilcjertlctn~ of execution of ownc!r:; must: 1.~: aCt+ached) . -G- __ . . . . - .- . . . . .._.-. _I -. -.... .._ ,_.-. *,., _*..-.. . . . . . _ .-. . . * . ., , . . . . . . _ “. _.* .- -_. - - . . . . ..A ., ._ .._ . CAT. NO. NNOO627 TO 1944 CA (7-62) (Individual) 1175 TITIE INSURANCE AND TRUST AllcoR COMPINY STATE OF CALIFORNIA COUNTY OF .5A rrJ 3 I G4 0 s!s. t On TbPCC-&r+ G* A IfOx before me, the undersigned, a Notary Public in and for 21 saidState,personallyappeared #AdcY L. brCR#i-~&-& F . M\CH~~~L CRRR,t Ati E 3 personally known to me or L g proved to me on the basis’of satisfactory evidence to be the personfjwhose name 5 G fe subscribed to the within instrument and acknowledged that exe- cuted the same. WITNESS my hand and official seal. - CALIFORNIA Signature (This area for official notarial SCSI)