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HomeMy WebLinkAboutBP 84-91; Horwitz, David and Hazel; 84-168455; Future Improvement Agreement/Release,RECQ.‘ii‘i I td(; RLQUESTED BY “vlD > ~.bim- k~C0itDE0 will. TO: 1 ., ,:.. , 1432 Citv of Carlsbad ; 84LA68455 r ---- j:t i.1 (J !.: ;.,j:,- ci j rj ::Fi-‘i[:I/,~. ;;f;c;c;y,lc; e?’ spfj f)fg fl:l,’ * *~/dltTY.i.CA. 1 1206 Elm Avenue Carl sbad, CA 92008 !34 MAY -7 Pb! I: 04 i ,/ t/ r;, : ,' ,'L ! 1 I- ,' : (-[J 2s 'i .y : j' 'y‘; ;: r;; 1.y ; NO FEE -.-- Space above this line for Recorder’s _ use Documentary transfer tax: $No fee Signature of declarant determining tax- firm name City of Carlsbad Parcel No. z/r- 3sc9- or . CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS-- ‘; THiS AGREEMENT is made by the City of Carlsbad, a municipal i corpora t ion, hereinafter referred to as “City”, and Dflu’Q A* dOoRwt’i‘E atid #lZt;‘c ?3. k#tiR~rTZ H.c3,3.T. , hereinafter referred to as “Proper- ty Owner”. RECITALS: WHEREAS, Property Owner has applied to City for a BJILCING PERMIT (PLAN CHECK !!o, @q- 7 1 > for the real property hereinafter described: now under Property Owner’s ownership; and 2 WHEREAS, it has been found that said property is not suitable for development in its present condition, however said pro.perty 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 ( Pta, Ck& No, ; and WHEREAS, Property bwner has requested said Building Permit be granted by City in advance o-f the t ime said improvements are to be made; and c WHEREAS, Property Owner, in considerat ion of the approval of (1) I i ____ ___-___- .- .--- b ‘. . * .‘., e”q”q, * .. 1433 - desires to enter i, o this agreement ‘- S..‘3 i d’ r Building Permit securing the construct it to be in the public construct ion; ion OF said improvements, and City has determined interest to agree to temporarily postpone said 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 No. gcf-?/ ). 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 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 60 days after written demand so to do by City. Property Owner shall not be required to make said improvements -before firs;/ I4BC 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: -Z (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 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 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) . ._ L. :, . . . .* ‘<.... I ‘. : ;<j *y ,j. 1 .: *:.-i;r: -” .:. ‘, i ‘W ‘_ . i * 1434 - . * . and covenants herein contained, oroperty Owner hereby grants to City a lien upon the hereinafter described property in the amount of , 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 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 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 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 s,a.id- 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, 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 1 purchase: money mortgage orpurchase 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 lien to the lien of any such purchase money mortgage or purchase money deed of trust. The lien hereby created shall likewise be of no force or ef Feet against any owner whose title to the property here- inafter described is acquired by or as a result of a foreclosure or .’ (3) . ..-..-------. .-.1-,.5-1.e .I..._. -----.---I---.- . ..- _- ..--. - ._.-_ __)l___ _. _ __-___,-.-_,__ ___ ,_ _.^ _ -c j/ ._ . . .,* , . . _ : L -;- . -;. Q ” * _ : i ,, .,a! .i,, . . 3 . - 1435 ‘tru’:‘ccf2s ’ sale of any :-, h purchase ir:oney mortgag-“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 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 lien herein imposed. Section 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 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 assuned by said Property Owner, and i_ 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 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 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 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) .----.. !f- . *---I- __-- _.. ..i ...i_. ____ . ..-.-lwYe _.-A-..--- --...--- 5 P . . .i - 1436 - ass’igns, and transferees of Property Owner, shall run with said real p.roperty, 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: i ,. _. - .., > .I .j .,*a...-.. *.L, . - -....a-. __._^ _ _..__..-. I-- - 1 ,- 1437 . ~ ,*. ? c Section 10. I , The required improvements to *-: ccmstructed and the estimated costs thereof are as follows: 9 . I Improvements Estimated Costs $ . 'TOTAL COST 3 4yf2=. - :- Dated : z~dp,,‘/, /9&3# I . ' STA'IIE OF CrALfFOP?IA ) ) ss. CObNTY OE"SAN DIEGO ) i . @35iiildd KG. . &. ./J. $!. -. .: ._ , Property Ovnera . CITY 0~ CARLSBAD, a m11-&5pd Corporation of the State of Califcmia BY . . before me the .&dersi+ed, a Notary Public in and for'said State, p&onally.appetired Frank' D. .Aleshire, known to me to be the City Manager of the City of Carl&ad, a Hunicipal Corporation of the State of California, known to me to be the person kqho executed the within instrument on behalf of said Municipal Corporatibx, and acknowledged to me that such City of Carlsbad, California, executed the same. . WITNESS my hand and official seal. APPROVED AS TO FORX: pb . ...!?!?!!! &‘qy& __ Ii Nc#ary Public San C&o CounrV A Vi.ncent F. Biondo, Jr. City Attorney -* w bmwma F&t .%r i7 ,985 (Notarial acknowlcdgcmcnt of execution of owners must he attached). . -6- . I _-em . . . . ..m - ------.--.- - -._ ______. .-..-I. _ M., . . ..-.w-..- .___.__- _- ___._. _-. _ . . _.. __,. _..---. . - . ..- 1-. .--I. - . I* --- .-- . 1 _ m c i J1 STATE OF CALIFORNIA > ss. COUNTY OF San Diego I 1438 On this 24th day of April , in the year 193, before me, the undersigned, a Notary Public in and for said Slate, personally appeared . David A. Horwitz and me1 B. Homtz JEAN 61LLlJPS WOTARV PUBLIC - cALIFoNm SAN DIEGO COUNTY ACKNOWLEDGMENT-Osneral-WolcoNs Form 233CA-Rav, 5-82 , personally known to me (or oroved to me on the basis of satisfactory evidence) to be the persons whose namei are subscribed to the within instrument, and acknowledged to me that _tney executed it. WITNESS my hand and official seal. Notary Public in and fodaid State. 01992 WOLCOTTS. INC.