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HomeMy WebLinkAboutCB900873; Burgan, John & Sharon; 90-448927; Future Improvement Agreement/Release- CORDING REQUEs,ED BY AND ) 9 c-4 4 8 9 2 ? ) I*85 .,-._I - :EN RECORDED MAIL TO ; ry-,. ~~:~~~:~~~~;-‘: .;; ; .i ,, -. -.. .L ; TY OF CARLSBAD RF 00 Elm Avenue 1 $'t c AR rlsbad, CA 92008 1 yytfi ?l'- ! r, _ :&+:; ;;:- ;' iv ;t;j i;' a lz MG Space abovk $$j&&: $&i rfrf$ Recorder's use. CITY OF CAP&AD (21tid Parcel No. 210-033-14 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City*', and John E. and Sharon L. Burgan, hereinafter referred to as "'Property Owner." RECITALS WHEREAS, Property Owner has applied to City for a Building Permit !Wnber 90-873 (BP 90-873) 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, theMunicipal Code of City requires certain improvements and dedications as a condition of approval of this BP 90-873; and WREREAS, Property Owner has requested said BP 90-873 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 BP 90-873 desires to enter into this agreement securing the construc- tion 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 1 Rev. s/21/90 follows: ? 1886 Section 1. That City agrees to record any irrevocable offers dedication made by Property Owner for BP 90-873. Section 2. That Property Owner, in lieu of making the hereinaf- ter described improvements before approval of said BP 90-873 granted, agrees to install and construct, or cause to be installed constructed, said improvements in accordance with plans and specifica- tions 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 improveaments 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 im- provements nay, 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% 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. (b) When owners of more than 50% of the frontage, betweer intersecting streets on both sides of the street upon which the property herein described has frontage, have petitioned the City tc 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 sai improvement at the time of signing this contract is eight thousan five hundred eighty dollars and OO/lOO DOLLARS ($8,580.00). Propert owner hereby acknowledges that said cost is a reasonable estimate o 2 Rev. S/21/90 engineering and construction costs at this &me 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 $8,580.00 plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, and in he event Property Owner, Property Owner's successors, heirs, assigns, r transferees fail to install and construct said improvements in the anner and within the time specified herein, Property Owner agrees hat City may do any or all of the following: (a) Have the necessary engineering for said improvements and install and construct said improvements by contract or City or its contractor and contractor's employees may nter upon any portion or portions of the property reasonably neces- sary for said engineering and construction, and the entire cost and xpense shall be charged against said property and payable by said roperty owner, Property Owner's successors, heirs, assigns or tran- ferrees immediately upon completion of said improvements. In the ent same is not paid within thirty (30) days from completion, City ay foreclose said lien as provided by law for the foreclosure of (b) Direct the City Engineer to estimate the cost of ecessary engineering, and the work required to install and construct aid improvements, and foreclose said lien in said amount. (c) Pursue any remedy, legal or equitable (including those pecifically referred to herein), for the foreclosure of a lien, and he Property Owner, Property Owner's successors, heirs, assigns and ransferrees, shall be liable for reasonable attorney's fees as a cost 3 Rev. S/21/90 - .’ . in said proceedings. 1888 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 wner, Property Owner's successors, heirs, assigns or transferees, and he lien hereby created shall be and is hereby subordinated to and eclared to be inferior and subseguent in lien to the lien of any such urchase money mortgage or purchase money deed of trust. The lien ereby created shall likewise be of no force or effect against any ner whose title to the property hereinafter described is acquired y or as a result of a foreclosure or trustees' sale of any such urchase money mortgage or purchase money deed of trust. Section 5. That at any time during the period herein provided, he Property Owner, Property Owner's successors, heirs, assigns or ransferees may deposit a cash bond or post a surety performance bond atisfactory to the City to charge said surety with the cost of said mprovements; the amount of bond to be the estimated cost of engineer- ng and improvements at the time of such deposit or posting as ascer- ained by the City Engineer, and that upon deposit of said cash or osting of said bond the City agrees to release the property, or any o&ion of it as to which said deposit or posting applies, from the rovisions of this agreement, and to execute any necessary release to nable the record title of the property to be released from the lien erein imposed. Section 6. Said City shall not, nor shall any officer or employ- e thereof, be liable or responsible for any accident, loss or damage appening or occurring to the work or improvements specified in this 4 Rev. S/21/90 . . .I A ,I889 - agreement prior co the completion and act Atance 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 improve- ments, 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 sai real property, and create an equitable servitude upon said rea property. Section 9. A description of the property referred to herein an! upon which said lien is imposed is described as follows: Lot 62 of Terramar Unit 2 Per Map 2758 Recorded in the County of San Diego March 5, 1951 Section 10. The required improvements to be constructed and th' 5 Rev. S/21/90 - estimated costs Lhereof are as foll izldi?O - IMPROVEMENTS ESTIMATED COSTS Clearing and Grubbing (Lump Sum) $ 500.00 A.C. Paving 4" (20' x 60') $1,800.00 Aggregate Base 6" (20' x 60') $ 600.00 Sidewalk (60') $ 840.00 Curb and Gutter (60') $ 720.00 Undergrounding Overhead Utilities (60') $3,000.00 15% Contingency 1.120.00 Executed this DEVELOPER day of 85 :a.aso;oi9'?a. CITY OF CARLSBAD a municipal corporation of the State of California ATTEST: (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 ~./hLJJ Deputy City Htorney Rev. S/21/90 _ / J STATE OF CALIFORNIA t ss. COUNTY OF , me, the undersigned, a Notary Public in and for said 0 State, personally appeared - .z o- d9iln/ ~6, ; it%aw3d E rd ht.l E s f to be the personS; whose names &b subscribed zP,;~u;vlMei;;‘ent and acknowledged that -?I&%~- .E 11” WITNESS my hand and official seal. h7#597~ Signature of Notary , known to me (This area for official notarial seal)