HomeMy WebLinkAboutFIA 84-10; Bryan, Gerald & Carline; 84-357002; Future Improvement Agreement/Release:: ?&oab I NG R;-0L:ESTED BY- ND- ; 227 -
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City of Carlsbad I
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Carlsbad, CA 92008
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City of Carlsbzd
Parcel No. 167-123-07
CONTRACT FOR FL’TUi?E PUBLIC IMPZOVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and
Gerald W.M. Bryan and Carline Bryan , hereinafter referred to as “Proper-
ty Owner”.
RECITALS:
WHEREAS, Property Owner has applied to City for a
BUILDING PERMIT (PLAN CHECK No, 84-125 >
for the real property hereinafter described, now under Property Owner’s
2 ownership; and
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 pub1 ic 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 thi; Building Permit
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; and
WHEREAS, ProDerty bwner has requested said Building Permit
be granted by City in advance of the time said improvements are to be
made; and
c WHEREAS, Property Owner, in consideration of the approval of
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. k said Building Permit b-,-125 desires to enter it. 3 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’ j. That City agrees to record any irrevocable offers
of dedication made by Proper,ty Owner for said Building Permit
(Plan Check No. 84-125 ).
_Section-2. That Propkrty Owner, in lieu of making the herein-
after 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 specifi-
I cations approved by the City Engineer within 60 days after written
demand so to do by City. Property Owner sha? 1 not be required to make
said improvements -before August 20, 1985 or within such further period -
of time as is granted by City, provided, however, that upon the happening
of either of the fol lowing .occurrences said improvements may, at the sole
election of City, be required to be made sooner than said date or such
I extended period of time which may have been granted by City: -AZ
(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 instal? 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 $3,540.00 L
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
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and covenants here in conta
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i ned , 2roperty Owner hereby grants to C ity a
lien upon the hereinafter described property in the amount of $3,540.00,
plus any future increases of cost in excess of this sum resulting from
increased engineering and construction costs, and in the event Property
Owner, his successors, heirs, assigns, or transferees-fail 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. Ci-ty 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 sa.i-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 orpurchasemoney 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 1 ien 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 here-
inafter described is acquired by or as a result of a foreclosure or
(3)
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, < . ’ t ;u s t.ces ’ 1 *; . 220 sale or’ any sl I purchase iilO;!2j mortgage- r 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 tp be released from th<e lien herein -imposed.
Sect ion 6. Said City shall not, nor shall any officer or
employee thereof, be 1 iable or respons ible 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 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 finer, 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 liabilities of or to any person or property injured or claim-
ing to be injured as a result of said work or improvement&. Said Pro-
perty Owner, and his successors, he i rs, assigns, and
agrees to protect said City and the officers and emp
transferees, further
loyees thereof from
all liability or claim because of, or arising out of, the use of any I -
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 pubIic property. The
Property Owner hereby agrees to pay for such 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 be binding upon and inure to the benefit of the successors, heirs, (4) . .___cc.. _ -.--.. _. i _~_ ._. -. -c---..-,,-?.- ~ ..^_ I.? -__.-.-_ --_...--.- .__-_- _Il-.-----
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a,ssigns, arid transferees of Property O?vner, shall run with said real
property, and create an equitable servitude upon said real property.
and upon
Sect ion 9. A description of the property referred to herein
whic.h said 1 ien is imposed is described as follows:
Lot 74 of Seacrest Estates unit No. 2, map No. 4280 filed in the Office of the County Recorder of San Diego County on July 28, 1959 at file No. 152704.
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Section 10. The required improvements to LG constructed and
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the estimated costs thereof are as follows: I
Jmprovements .
P.C.C. 5' wide sidewalk Type G-7.1 (228~~) = 114Opf@ $2.70/ =
15% Contingency
TOTAL 3,540.oo
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Dated
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Estimated Costs
$ 3,0.78.00
462.00
:. -+//gyy ‘TOTAL CoTT * ‘$ -: I /I9
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CITY OF CARLSBAD, a Municipal
Corpdration of the State of
Califejrnia
STATE OF CALIFORXIA ) FRAM D. ALESHIRE, City Kanaaer
) ss. COkTY O&SAN DIEGO ) .
OR before me the .&dersi&d, a Notary Public in and for sati State, pekonally .appeared Frank' D. Aleshire, known to me to be the City &Tanager of the City of Carlsbad, a ;iIunicipal Corporation of the State of California, known to me to be .the person who executed the within instrument on behalf of said Municipal Corporation, and ztcknowledged to me that such City of Car&bad, California, executed the .sams, .
WITNESS my hand and official seal.
APPROVED AS TO FORK:
Vincent E'. Bicndo, Jr. City Attorney
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(Notarial acknowledgement of execution of owners must be attached).
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223 STATE OF CALIFORNIA
COUNTY OF San Diego
On the 21st day of August, 1984, personally appeared before me
Gerald Wm. Bryan and Carline Bryan and personally known to me to
be the same persons described in and who executed the within instrument.
NOTARY PUSUC - CAL!% ;rqr?, SAN DIEGO COUNT-,