HomeMy WebLinkAboutPR 3.4.76; Alton, Lee; 90-175091; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO 1
CITY OF CARLSBAD 1
1200 Elm Avenue 1 Carlsbad, CA 92008 1
Space above this line for Recorder's use.
0 / 90 ‘b Documentary transfer tax: $ No Fee
Signature of declarant determining tax-firm name
CITY OF CARLSBAD
Parcel No. 206-180-14
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation,
hereinafter referred to as "City", and Lee E. Alton, an undivided l/3 interest;
Barbara Alton Potter and, Verne F. Potter, Jr., joint-tenants, as to an undivided
l/3 interest; and, Bert D. Alton, Jr. and Wanda V. Alton, joint-tenants as to
an undivided l/3 interest, hereinafter referred to as "Property Owner."
RECITALS
WHEREAS, Property Owner has applied to City for a Building Permit No. CB
890351 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 develop-
ment 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 incorporated by reference herein require
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certain improvements and dedications as a condition of approval of this Building
Permit No. CB 890351; and
WHEREAS, Property Owner has requested said Building Permit No. CB 890351
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 No. CB 890351 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;
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 Adams Street.
Section 2. That Property Owner, in lieu of making the hereinafter descri-
bed improvements before approval of said Building Permit NO. CB 890351 is
granted, agrees to install and construct, or cause to be installed or con-
structed, said improvements in accordance with plans and specifications approved
by the City Engineer within sixty (60) days after written demand so to do by
City. Property Owner shall not be required to make said improvements before
August 8, 1990, 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 intersecting
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.
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(b) When owners of more than 50% of the frontage, between intersect-
ing 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 improvement at
the time of signing this contract is twelve thousand seven hundred dollars and
OO/lOO DOLLARS ($12,700.00). 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 and covenants
herein contained, Property Owner hereby grants to City a lien upon the
hereinafter described property in the amount of $12,700.00 plus any future
increases of cost in excess of this sum resulting from increased engineering and
construction costs, and in the event Property Owner, Property Owner's successors,
heirs, assigns, or transferees fail to install and construct said improvements
in the manner and within the time specified herein, Property Owner 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 otherwise. City or its
contractor and contractor's 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, Property Owner's successors, heirs, assigns or transfe-
rrees immediately upon completion of said improvements. In the event same is
not paid within thirty (30) days from completion, City may foreclose said lien
as provided by law for the foreclosure of mortgages.
.
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(b) Direct the City Engineer to estimate the cost of necessary en-
gineering, and the work required to install and construct said improvements,
and foreclose said lien in said amount.
(c) Pursue any remedy, legal or equitable (including those specifi-
cally referred to herein), for the foreclosure of a lien, and the Property Owner,
Property Owner's successors, heirs, assigns and transferrees, shall be liable
for reasonable attorney's fees as a cost in said proceedings.
Section 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, Property Owner's 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 effect against any owner whose
title to the property hereinafter described is acquired by or as a result of a
foreclosure or trustees' sale of any such purchase money mortgage or purchase
money deed of trust.
Section 5. That at any time during the period herein provided, the
Property Owner, Property Owner's 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
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of this agreement, and to execute any necessary release to enable the record
title of the property 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 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 liable 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 Property Owner's successors, heirs, assigns or 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
claiming to be injured as a result of said work or improvements. Said Property
Owner, and Property Owner's successors, heirs, assigns or 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 improvement.
Section 7. It is further agreed that said Property Owner will at all
times up to the completion and acceptance of said work and improvements 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.
Section 8. This agreement and the covenants contained herein shall be
binding upon and inure to the benefit of the successors, heirs, assigns and
transferees of Property Owner, shall run with said real property, and create an
equitable servitude upon said real property.
Section 9. A description of the property referred to herein and upon
which said lien is imposed is described as follows:
All that portion of Lot 10 in Block "C" of Bellavista,
in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 2152 filed
in the Office of the Recorder of said San Diego County
March 7, 1929, lying Southeasterly of a line described as follows:
Beginning at a point on the Northeasterly line of said Lot 10 distant thereon North 38" 39' West, 92.00 feet from the most Easterly corner of said Lot; thence South- westerly in a straight line to an intersection with the Southwesterly line of said Lot 10 at a point which is distant therealong 155.00 feet Northwesterly from the most Southerly corner of said Lot.
Section 10. The required improvements to be constructed and the estimated
costs thereof are as follows:
IMPROVEMENTS ESTIMATED COSTS
Curb & Gutter 155 LF @ $12.OO/LF
Sidewalk 775 SF @ $ 2.8O/LF
Street Lights @ l/3 cost LS
Street Paving & Base 1860 SF @ $1.95/SF
Grading and Site Preparation LS
$ 1,860.OO
: 27170*oo 900.00
$ 3,627.OO
$ 2,500.OO
Subtotal s 11.057.00
+15% Engineering Contingency
TOTAL COST $ 11643.00
$ 12,700.OO
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this Id 5
day of p,Y 9 198A.
CITY OF CARLSBAD, a Municipal Corporation
of the State of California
By:
.
. _
.
v w incent F. Biondo, Jr. City Attorney
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STATE OF CALIFORNIA
personally known to me (p
v) to be the person(s) whose name(s) is/@b-
scribed to the within instrument and acknowledged to me that
he/she the G xecuted the same.
WITNESS my hand and official seal.
NOTARY PUBLIC. CALIFORNIA
ORANGE COUNTY
My Comm. Expires Nov 20. 1989
(This area for official notarial seal)
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“J *-‘ CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS dated November 1, 1989.
STATE OF CALIFORNIA
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COUNTY OF
On this -2n&- day of ~Ou3&w , in the year 19B,
before me, the undersigned, a Notary in and for said State, personally appeared
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, personally known to me
(S to be the perso whose name2 , ,- 3
executed it.
subscribed to the within instrument, and acknowledged to me that *hey
WITNESS my hand and official seal.
ACKNOWLEDGMENT-~al-Wolcons Form 232&A-Rev. 5-62
Q1962 WOLCOTTS. INC. mica Class S-2)
Notary Public in and for said State. I
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WITNESS my hand and official seal.
(This area for official notarial seal)
PFS65641 10M 6-64 CP66094