HomeMy WebLinkAboutCB900530; Bosio, John; 90-409726; Future Improvement Agreement/Release. - * I f i ~,~~$$~?wEn ,a# 1. ‘i. c :i..*>,$, Ii,,: :.,i.” _ ?yf<y’gq
RECORDING REQUESTED BY AND ) 7 j ..:]i‘!i~,~cy~~r%cp1
WHEN RECORDED MAIL TO Ml Jgi- 27 j# g-j 5s
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008
Space above this line for Recorder's
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City@', and Mr. and Mrs.
John Bosio, hereinafter referred to as "Property Owner."
RECITALS
WHEREAS, Property Owner has applied to City for a Building
Plancheck No. 90-530 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 require certain
improvements and dedications as a condition of approval of this
Building Plancheck No. 90-530; and
WHEREAS, Property Owner has requested said Building Plancheck
No. 90-530 be granted by City in advance of the time said improve-
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ments are to be made; and
WHEREAS, Property Owner, in consideration of the approval of
said Building Plancheck No. 90-530 desires to enter into this
agreement securing the construction of said improvements, and City
has determined it to
rarily postpone said
NOW, THEREFORE,
follows:
be in the public interest
construction:
IT IS AGREED between the
Section 1. That City agrees to record any irrevocable offers
to agree to tempo-
parties hereto as
of dedication made by Property Owner for 3242 McKinley Street.
Section 2. That Property Owner, in lieu of making the herein-
after described improvements before approval of said Building
Plancheck No. 90-530 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 sixty (60) days after written demand so to do by
City. Property Owner shall not be required to make said improve-
ments before August 1, 1991, 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
Rev. 5/21/90
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, be-
tween 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 improvement at the time of signing this contract is ten
thousand five hundred ninety nine and 67/100 DOLLARS ($10,599.67).
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 $10,599.67 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
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-
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 transferrees immediately upon completion of said improvements.
In the event same is not paid within thirty (30) days from comple-
tion, 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 con-
struct said improvements, and foreclose said lien in said amount.
(cl Pursue any remedy, legal or equitable (including
those specifically referred to herein), for the foreclosure of a
lien, and the Property Owner, Property Owner's successors, heirs,
assigns andtransferrees, 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 bene-
ficiaries 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
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h
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 foreclo-
sure 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 provid-
ed, 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 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 speci-
fied 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,
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h
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 inspec-
tion of improvements
City.
Section 8. This
shall be binding upon
as may be required by the City Engineer of
agreement and the covenants contained herein
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:
Northwesterly 66 2/3 feet of the Southwesterly 150 feet of that Portion of Lot 17 and 18 of Patterson's Addition According to Map No. 565 Filed in the Office of County Recorder of San Diego County.
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. .
*. ._: < c 4
Section 10. The required improvements
the estimated costs thereof are as follows:
IMPROVEMENTS
to be constructed and
ESTIMATED COSTS
Clearing and Grubbing (-49 cy. - Lumpsum) $ 500.00 Undergrounding Overhead Utilities (50/lin foot) 3,333.50 A.C. Paving 4" (1.50 ft) (20') (66.67') 2,000.10 Aggregate Base 6" (0.80 sq. ft) (20')(66.67) 1,066.72 Sidewalk ($14 lin foot) (66.67 ft) 933.38 Curb and Gutter ($12.00 lin foot (66.67') 800.04 Subgrade Preparation (0.35 sq. foot) (25')(66.67') 583.36 TOTAL $ 9,217.10 15% contingency $ 1,382.57
Executed this $tLj $ 10,599.67 day of
J , 19 w .
DEVELOPER CITY OF CARLSBAD a municipal corporation of the State of California
*' ATTEST:
. By: /dk%bdh L2AccbL id
Qmb&d4f Dcew ALETBA L. RAU
(Title) City Clerk
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corpo- ration must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City Attorney
By: 7 Deputy City Attorney
Rev. 5/21/90
MemberFlIIC
Bar& @
STATE OF CALIFORNIA
COUNTY OF SAN OIEGO ss.
INDIVIDUAL
’ On this lOth day of July , in the year 1990 , before me, the undersigned, a Notary Public in and for said County
and State, personally appeared John R. Bosio and Sue C. Bosio
,“pepwe proved to me on the basis of satisfactory evidence] to
be the person(s] whose name(s] idare subscribed to this instrument, and
z&nowledged that ha-@h&hey] executed the same.
.
g
; ;; Witness my hand and official seal:
9 2 a. iJq&AAjG
Notary’s Signature- u
[fw notary seal or stamp]