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HomeMy WebLinkAboutBP 84-31; Trevino, Thomas & Jennifer; 84-210437; Future Improvement Agreement/Release“ ” K~,l’.dXb!t~iC, RI:CIUESTED BY “-“D ) j$-l.E i-2 ‘. R-EC ORD Eti PIA I L T 0 : > I -, ,)L 1492 City of Carlsbad 1200 Elm Avenue Carlsbad, CA g2008 i 1 VEEA i... I-‘: l..E I tJ-JU~T’( f;EL”;i::;JtR 1 fUQ FEE Space above t-~is line for-fV?corder’s use Documentary transfer tax: Signature of declarant de,termining tax- firm name City of Carlsbad Parcel No, 2123-230 42 CONTRACT FOR FUTURE PUBLIC tMPROVEMENTS - ': THIS AGREEMENT is made by the City of Carlsbad, a municipal i corporation, hereinafter referred to as “City”, and 7woMAS 75QEy/.;20 de. 7izEWNO AND G!iz2wwe K. R=-=b+ , hereinafter referred to as “Proper- ty Owner”. RECITALS: WHEREAS, Property Owner has applied to City for a QUILDING PERMIT (PLAN CHECK MO, 84 -31 1 for the real property hereinafter described, now under Property Owner’s _ -7 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 WHEREAS, the Municipal Code of City Chapter 18.40 of this Building Permit WHERE&S, 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, iderat ion of the approval of in cons (1) / ‘L. _..-. . -...-.-.__ . _ _- .,__-__. _ . .._- _ _ .._ _. .- _ -__ - . ,. -- _. _.. -I _. _ .._. __ _ .__. ~ . __. _- -. -.--, --~ .i k . Q8 1493 : said . Building Permit t desires to enter in..) this agreement securing the construction o-f said improvements, and City has determined it to be in the public interest to agree to tetmporarily postpone said construction; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Sect ion’ 1. That City agrees to record any irrevocable offers of dedication made by Property Owner for said Building Permit (Plan Check No. 84 -3/ ) . Sect ion -2. That Property Owner, in lieu of making the herein- after described improvements before approval of said Bui-Tding Permit is granted, agrees to install and construct, or cause to be installed ’ or constructed, said improvements in accordance with plans and specifi- I cations 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 CWS Yae or within such further period - of time as is granted by City, provided, however, that upon the happening of either of the following sccurrences said improvements may, at the sole election of City, be required to be made sooner than sa id date or such extended period of time which may have been granted by City: 1: =-’ - (a), When the City Council finds that the owners of 40% or more of the frontage, including the frontage of Property Owner, between inter- setting streets on both sides of the street upon which the property herein I 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 of signing this contract is ‘I - 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, b ,. , “.b 1494 - and covenants herein contained, ?roperty Owner hereby grants to City a lien upon the hereinafter described property in the amount of t 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 fa i 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 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,i.d 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, his successors, heirs, assigns, and transferees, shalt 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 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 subseque-nt in 1 ien 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) ..*--A----.- --“...,--1-s ^_ .-..-_I--.--.--.-._--.-- -- ,-.. . .._. -___ ” .._._... __ _ ,_..___ __.. .__,_ _______ _ ___ Ir ___-____ ‘. w : ’ . . ‘_. ‘. u : 1495 t t-us t.egs ’ .- sale of- any s I purchase money mot-tgayc*\r purchase money . h . 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 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 the 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 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 I iable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by said 2roperty &ner, and his successors, heirs, assigns, and transferees, and they shall save the City harm ess 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 will at all times up to the comple,tion 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 o-f public property. The Property Owner hereby agrees to pay for such inspection of improvements as may be required by the City Engineer of C tY- ‘“\i Sect ion 8. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, (41 : .1 ‘. - . 1496 - 555ip5, and transferees af Property Owner, shall in 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 i s described as follows: mGAL DESCRIPTION: Lot 439 of CARLSBAD TRACT’ 72-20 LA COSTA VALE UNIT NO. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7950, filed in the Off&e of the County Recorder of San Diego County. ._ . . . i I . ., - - i _- : ._ L - i, c (5) _---_. _ --_.-. - ---- __._ _ ----. -_.-- I-- _-- - _ _.______-_.___.. --..-..- __._ -- * ~.~~~~,.;ilwu- ,...& *.se”““.j,_jb-.l~- .-.. -.-IUt .._&_ .___-- -_--X-.__l. . ‘Ld _ l 1497 - ‘< ‘ - ; . Section 10, The required improvements to UC constructed and ,‘ the estimated costs thereof are as follows: , Improvements ~ Con/snu~T',oN OF 267LS. s/m&q 5ID DPW+, MO, 6 -I,/ l - p-5) Estimated Costs 'TOTAL COST ;$ -: . . Datedl: my 15, 1984 . . . STA'iE OF CALIFORXIA ) . CITY OF ~ARLSBAD, a Municipal Corporation of the State 0f Califcrnia . By&&Jj?&. ! j FRANK D. ALESHIRE, City P!anaaer 1. ) ss. COtiNTY 02 -SAN DIEGO ) OF before me the '&dersign&d, a Notary PSlx m an pe&sonally'appeared frank' D. Aleshire, known to me to be the City Kanager of the City of Car&bad, a Hunic-ical 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 Carlsbad, California, executed the same- WITNESS my hand and official seal. I I I .w ._ / Nota* Public APPROVED AS TO FORK: Vincent F. Biondo, Jr. I I City Attornev . * KAREN f?. SEVENS Notary Public - Cdiitia . (Notarial acknowledgement of execution of owners must he attached)- _ ..-.---... .- . ^..------ .--._ _ __- .._____...._I- -..-,. .._ .,.-,--.- _ ,-. .___.. .- ._- _. . . . .._. . .._C . - ..----. .--.--.- - - .-.- .- . . al z I- s .o z : H ii STATE OF CALIFORNIA COUNTY OF San Dieqo lss. I On May 15, 1984 ],before me, the undersigned, a Notary Public in and for said State, personally appeared Thrrm.=r.s Tr~vi no. ,Jr _ Jennifer K. Trevino personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hafi and official seal. Signature (This area for official notarial seal)