HomeMy WebLinkAboutEIA 881; Corona, Frank & Mary Kathleen; 83-340769; Future Improvement Agreement/Release. _ l XF1CORO I N5 KQUESTED BY- AND )
)-itd~ti j?ECDilDED MA IL TC . . *- ., b 2027
, -=: ity of Car 1 shad 1
. 1200 Elm Avenue
Carlsbad, CA gzoo8 i
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Signature of declarant de.#ermining tax-
firm name
City of Carlsbad
Parcel No. 207-081-07
CONTRACT FOR FUTURE PUBLIC tMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
- corporation, hereinafter referred to as “City”, and FraM E. Corona and
i:ary Xathl een Corona , hereinafter referred to as “Proper-
ty Owner”.
RECITALS:
WHEREAS, Property Owner has applied to City for a
BUILDING PERMIT (PLAN CHECK MO, 83-183 >
for the real property hereinafter described, now under Property Owner’s .L. f ownership; and .
WHEREAS, it has been found that said property is not suitable 3
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 Frank E. Corona and Kary Kathleen Corona
WHEREAS, the Municipal Code of City Chapter 18.40
requires certain improvements and dedications as
of this Building Permit 83-183
; and
WHEREAS, Property Owner has requested said Building Permit
be granted by City in advance o-f the time said improvements are to be
made; and
e WHEREAS, Property Owner, in cons
(1)
ion of the approval of iderat
, .
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..I * ’ s a j d“ ’ . Buildtng 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 tebnporarily postpone said
const ruct i on;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
fol lows:
Section’ 1. That City agrees to record any irrevocable offers
of dedication made by Proper,ty Owner for said Building Permit
(Plan Check No. 83-1B3 ).
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 6Ddays after written
demand so to do by City. Property Owner shall not be required to make
said improvements Ibefore or within such further period -
of time as is granted by City, provided, howev,er, that upon the happening
of either of the following occurrences said improvkments may, at the sole
election of City, be requ i red to be made sooner than s&id date or such
extended period of time which may have been granted by City: “=
(a) When the City Council finds that the owners 03 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 petit 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 .
Property Owner hereby acknowledges that said cost is a reasonable
e5timate 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)
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and covenants herein contained, Property Owner hereby grants to C
lien upon the hereinafter described property in the amount of
ity a
2
from plus any future increases of cost in excess of this sum resulting
increased engineering and construction costs, and in the event Property
Owner, his successors, heirs, assigns, or transferees fa 1 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 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 s&id 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
foreclosure of mortgages.
(b) Direct the City
engineering, and the work requi
merits, and foreclose said lien
said lien as provided by law fo.r the
Engineer to estimate the cost of necessary
red to install and construct sa.i;d improve-
in said amount.
(c) Pursue any remedy, legal or equ’r’table (including 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 orpurchasemoney deed of trust for val ue 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 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)
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-. . 2030 -; , t i3s tees ’ sale of any Jch purchase money mortgai 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 J 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 1 ien 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 improvements specified in
this agreement prior to the completion and acceptance of the same, nor
shall said City, nor any of.ficer 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.Oitiner, and
his successors, heirs, assigns, and transferees, and they shall save the
City harmless from, and indemnify the City against, any and’s11 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 al? 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 1
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2031 .
.assigns, and transferees of Property Owner, shall run with said real
property, and create an equitable servitude upon said real property.
in Sect ion 9. A description of the property referred to here
and upon which said lien is imposed is described as follows:
tit 72 of Carlsbad Highlands #2, City of Carlsbad, Map 2825, Filed Decen-ber 5, 1951
. .
. .- .- 2032
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,a’ I . .* Section 10. 7-11 *I . required improvements tc ' :
the estimated costs thereof are as follows:
e
C constructed and
ImDrovcments - Estimated Costs
$ 975.00
927.00 .
835.00
&Z PAVENENT
CONCXElTE CURB., & GTJITER d
:
$3,27i).OO l TOTAL COST .
? . 'Dated: g/13/-83 '
.
. CITY.03' CARLSBAD, a Munic5pa'l Corpdration of the State wf Califtirnia .
FRANK II, HLUjitit, city Wdntiuer STATE OF CIPLIFOP~~IR 1 ) ss. 1 CO‘JNTY OFi ‘s*m .DI:EGO
c
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on t+kRm&6-A’ A. /5G?3 before me the &+rsicjn~d, a Notary Public in and for said/State, &:sonally'appetired Frank. 0. Aleshire, known to me to be the City Nanager of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person tqho executed the -wii;hir, instrument on behalf of said Municipal Corporatiolx, and acktiowledged to me that such City of Carlsbad, Cal,ifornia, executed the same,
WITNESS my hand and official seal.
Nmaq Public -
fbincipal ofliu In
APPROVED AS TO FORMar/wnsi;E~
. Vincent F . !3iondo, Jr. C&ty Attorney
.
.
(Nptarial acknowlcdgcrncnt of execution ox owners must be attached). , *
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GENERAL ACKNOWLEDGMENT f. _ 2633 NO. 201
State of California
zountyof San Diego
On this the ‘*%ay of September 1983, before me,
SS. Waldene L. Lacey ,
the undersigned Notary Public, personally appeared
Frank E. Corona and P;ary Kathleen Corona
@ personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) names subscribed to the
within instrument, and acknowledged that >P,V executed it.
WITNESS my hand and official seal. ..- .
Notary’s Signature v - -
NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l P.0. Box 4625 l Woodland Hills, CA 91364