HomeMy WebLinkAboutBP 84-46; Shivers, Harold; 84-384073; Future Improvement Agreement/ReleaseJ ‘R'O~'JING REQUESTED BY‘--7D ) ,WvE?J'RECORDED MAIL TO:
City of Carlsbad 1 1200 Elm Avenue ) Carlsbad, CA 92008' _ ) M4 ocr IO &f f/: 03
NO FEE
Space above this line for RecZj??%r'
Documentary transfer tax: $ No fee
Signature of d&larant deternininq firm name City of Carlsbad
Parcel No. 206-120-03
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City o f Carlsbad, a municipal
corporation, hereinafter referred to as "City", and Ha
hereinafter referred to as "Property Owner".
RECITALS:
WHEREAS, Property Owner. has 'applied to City 'for a '
Building Permit (Plan Check No. 84-46 )
for the real property hereinafter described, now under Property Owner's
ownership; and .:
WHEREAS, 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 irrevocable offers of dedication are made to City;
and;
WHEREAS, the Municipal Code of City, Chapter 18.40 requires certain
improvements and dedications as a condition of approval 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
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 postpone said construction:
. .
. .
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b*ru 2 1. 575
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 Building Permit (Plan Check
Number 84-46 ).
Section 2. That Property Owner, in lieu of making the hereinafter
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 specifications approved by
the City Engineer within 60 days after written demaxid so to do by City.
Property Owner shall not be required to make said improvements before
October 1, 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 improvements
to City specifications;
(b) When owners of more than 50% of the frontage, between inter-
secting 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
City estimates
improvementsat
Property Owner
of engineering
improvements shall be made without cost or expense to City.
that the cost of engineering and construction of said
the time of signing this contract is $10,834.08 .
hereby acknowledges that said cost is a reasonable estimate
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
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(2)
- I . t’~JU’i 57CI
and covenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of $ l0,834.Q8
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 s.uccessors, 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 emp’loyees 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
successors, heirs, assigns, or transferees immediately upon completion
of said improvements. In t’he event same is not paid within 30.days from
completion, ‘C.ity may foreclbs-e said 1 ien 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$d 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 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
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 1 ien to the .? ien-of any such purchase money mortgage or
. purchase money deed of trust . The lien hereby created shall ?ikcwi.se 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)
trustees’ sale of any such purchase money mortgage 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 a cash bond or post a surety performance bond satisfactory to
the City to charge sa,id 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 pos,ting 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 8. Said City shall not, nor shall any officer or
employee thereof, be 1 iable’ or responsible for any accident, loss or ‘. _
damage happen-in9 or occurring to the work or improvements specified in
this agreement prior to the completion and acceptance of the same, nor 1
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 Owner, and
his successors, heirs, assigns, and transferees, and they shall save the
City harmless from, and indemnify the City against, any and.all -claims,
suits and 1 iabi 1 it ies 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.
Sect ion 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 wa-rning to the traveling
-pub1 ic of any dangerous or -defective conditions of pub1 ic property. T h.e
Prppert.y, ,Owner hereby agrees to pay fo.r suc,h inspect,ion of .improvements-
as may be required by the City Engineer of City.
Sect ion 8. This agreement and the covenants contained herein
shall bc binding tipon and inure to the benefit of the stIcccssors, heirs, (‘I)
,
,
/ / 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
1 and- upon which said lien is imposed is described as. fol-lows:
L&L 3, Bloelo “A”, , Restibdivisioqqf-:Rortions of Tracts-,238 and -
243 Thum Lands, in the City of Carlsbtid, accorditig to Map there&f‘
No. 2103, filed in She Office of the County Recorder of San Diego County, April 3, 1928.
i
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. * *r d L -., 579
4 . . r’ ,+
F Sectipn &O, 2 required improvements . be constructed and _ -*
c ’
the estimated costs thereof are as follows:
ImDrovements '
AC Pavement -------97.6x18.5 x 0.99 Base --------------97.6x18.5 x 0.68 Curb & Gutter;-----97.6x10.00 Sidewalk ----------97,6x5 x 2.70 Underground Power------------97.6x20.00 2 Street Trees-----2x50.00 l/4 Fire Hydrant---2,440 4 l/2 Street Light---2,900 2 Sub 15%
=
=
=. .
=
$ 1,787.54 1,227.80 976.00 1,317.60
= 1,952.oo = 100.00 = 610.00
=
Total Engineering . $sCkncCgen+les
1,450.oo
9,420.94
1,413.14
$ 10,834.08.
Dated: ~~~;ww
, . :
‘.
Estimated Costs
.,. .e . . . . . .* .
Property Owner
CITY OF CAIUSBAD, a Municipal . Corporation of th&+State of California
I F.. "ATE OF CALIFO,RIVIA ) ) ss.
-T CtUNTY OF SAN DIEGO )
.
BY 2!Ltwzk&& .
FRANK D. ALE&FE, City Manager
3
On &, ~/5%P~ I before me the undersigned, a
Notary Public in and for said State, personally'appetired Frank-D. Aleshire, known to me to be the City Manager of the City of Carlsbad, a Municipal Corporation of the State of California, known to rn% 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.
Vincent F. Biondo, Jr. City Attorney
KAREN A. SI- Notary paMic - cdifr
I w-r .m FUFNS tmia P' rOfficeIn San . x I l '" ,
(Notarial acknmlledgcmont of execution of Owners must be attzlchcdf-
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*Contr ,act for Future &li.c Improvements, Parcel Ro. PM-120-04, page 6**
w flk *'.A i, .. 5& INDIVIDUAL ACKNOWLEDGEMENT
SAVINGS # ’
4
STATE OF CALIFORNIA
COUNTY OF San Diego
I
Ir a,? On c October l&t, 1984 before me, the undersigned, a Notary Public in and for said
k! County and State, personally appeared --D.- -Harold N. Shivers--- -- -- - -w--s-- -9
!! personally known to me (or proved to me on the basis of satisfactory evidence) to be the
:
5 person whose name is subscribed to this instrument, FOR NOTARY SEAL OR STAMP
I ' and acknowledged that.@---he-------executed the . I " 4 , i
Becky S Treadway
Name (Typed or Printed)
BA 270 (7/82)