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HomeMy WebLinkAboutBP 84-218; Hicks, James and Pamela; 84-226127; Future Improvement Agreement/Release“RK.i?,D I h/c, F,;:QUESTED 6’1’ c?;lD ) Wki,EK KECGIiXIED HA IL TO: ‘)J 2192 > City of Carlsbad j 1200. E ltn. Avenue 1 Carl sbad, CA 92008 ! 84-226127 Mlb JUN I 5 FM 3 02 i 1 NO FE Space above this line for Recorder’s u s e Documentary transfer tax: Signature of declarant de.termining ‘&IX- firm name City of Carlsbad \ Parcel No. 215-494-11 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS -. -. THIS AGREEMENT is made by the City of Carlsbad, a municipal i corporation, hereinafter referred to as “City”, and JAMES M. HICKS AND PAMELA S. HICKS , hereinafter referred to as “Proper- ty Owner”. RECITALS: WHEREAS, Property Owner has applied to City for a BUILDING PERMIT (PUN CHECK No, 84-218 > for the real property hereinafter described, now under Property Owner’s .z 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 pub1 ic 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 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; and ’ WHEREAS, Property Owner, in consideration of the approval of .-- __ .___._-. .-. - . “ ’ 9 * .ML 2193 - sa i,d. Buvilditig Permit desires to enter in J this agreement securing the construction of said improvements, and City has determined it ‘to be’in the public interest to agree to temporarily postpone sa’id construction; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1. That City agrees to record any irrevocable offers of dedication made by Property Owner for said Buildiag Permit (Plan Check No. 84-218 ). Sect ion-2. That Property Owner, in lieu of making the herein- after described improvements before approval of said Bui-lding Permit is granted, agrees to instal’l and construct, or cause to be installed ’ or constructed, said improvements in accordance with plans and specifi- cations approved by the City Engjneer within 60 days after written demand so to do by City. Property Owner shall not be required to make said improvements -before JUNE 4, 1985 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 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 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 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 o-f signing this contract is ,$1647.91 . 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 esti,nate. Section 3. That for. the faithful performance of the promises , (2) . . I :. _’ i;’ ..<.T :;. ’ . . . m. ;/.. ‘*,:I ;‘,. ,G “zi.. * ) .“. 2194 and couknants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $1647.91 , plus any future increases of cost in excess of this sum resulting from increased engin eering and construction costs, and in the event Property Owner, his successors, heirs, assigns, or transferees fai 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 al 1 of the following: (4 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 ente-r --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.id 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 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 mad.e herein shall not be binding upon the holders, mortgagees, or beneficiaries of any 1 purchase money mortgage orpurchasemoney deed of trust for value which-. has been or may in the future be executed by the Property Owner, his . successors, heirs, assigns, or transferees, and the 1 ien 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 L ‘- 2195 trustees! sale of arly ~1-1 purchase iwi-:ey . in0 r t ga ge -“r purchase money d’eed of ‘trust. , . Section 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 to be released from th;e 1 ien 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 improvement’s 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 property injured by reason of said work or improvements, but all of said liabilities shall be assumed by said Property O&net-, and . . his successors, heirs, assigns, and transferees, and they shall save the City harmless from, and indemnify the City against, an); 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 City and the officers and employees thereof from agrees to protect said all liability or claim patent or patented art because of, or arising out of, -the use of any _- icle in the construction of said improvements, Section 7. at all times up to the completion and acceptance of said work and im- It is further agreed that said Property Owner will provements by the City, give good and adequate warning to the traveling public of any dangerous or defective conditions of pub1 ic 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 ..,_ . .___- --- ,__- _________,_ -.--- ---e . . _. ^ * .“. . I 2196 - - Yssijn?; and’ transferees of Property Owner, shall run with said real pri;perty; 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: LOT 18, LA COSTA ESTATES NORTH - MAP NO. 8302. CT 75-4. .‘Y ; .’ . . . ; i : . i ;. _- - _ . ..‘, . __ - ‘. I . $ l ‘.“I 2197 - . Section 10. The required improvements to b: constsucted and the estimated costs thereof are as follows: Improvements ~ Estimated Costs $ . 1547.91 SIDEWALK - 114.66’ X 5’ X 2.70 2 - STREET TREES (ONE FOR EVERY 50’) 100.00 . . . Dated: . . I STATE OF CZU;IE'OP~IR ) ) ss, C,OtiNTY OF-SAN DIEGO ) 'TOTAL COST * , Property Owner- . CITY OF CARLSBAD, a Municipal Corporation of thci State of California I, B&Ly+l!&QW FRANK D. ALESHIRE, City Qnaaer On tzA&T A?, /z& before me the &@ersi&d, a Kotary Public in and for ssid State, pekonally 'appeared Frank' D. Aleshire, known to me to be the City Prianager of the City of Carlsbad, a 3Sunicipal 'Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporatibn, and acknowledged to me that such City of Carlsbad, California, executed 'the .same. . ‘ WITNESS my hand and official seal. ' APPI XOVED AS TO FORK: Vincent F. Biondo, Jr. Jv&@$&p -1 KARE! , City Attorney . . ' (Notarial acknowledgement of execution of owners must be attached), . -6- I , r "-,-..-... . . . ..-. -m-e- .--._ I -.- e.-e w,,.. ..dICI-.^-.- .-.-, *-.__ .-.. __.. .._ .-_ _. . . . . .._ . . . ..__._ ~ _ __._-.-- .--.-. - . .- .--- .- . TO ,944 CI (8.74) (Individual) STATE OF CALIFORNIA * 5-i 2198 San Diqn ss. COUNTY OF Oil J-me 6, 1984 before me, the undersigned, a Notary Public in and for said State, personally appeared Pa?,pla s. Hicks , known to me to be the person___ whose name subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Signature*& - i TO ,944 CA (8.74, (Individual) STATE OF CALIFORNIA COUNTY OF san Diw > ss. NOTARY PUBLIC CALIFORN!A PR~NCPAL 0cFfcE IN SAN @EGO C0UNl-v MY Commission Exp. Sept. 26. 1986 .%J%ma%w* (This area for oRida notarial seal) TITLE INSURANCE AND TRUST t On June 6, a984 before me, the undersigned, a Notary Public in and for said State, personally appeared JamesM. Pbks ii I z -, known to me to be the perso nwhose name-subscribed ; UY to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. . OFFICWL SEAL ROSALIE KIRKHAM NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Convnisioo Exp. Sep!. 26. 198( ’ (This area for official notarial seai)