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HomeMy WebLinkAboutFIA 84-10; Bryan, Gerald & Carline; 84-357002; Future Improvement Agreement/Release:: ?&oab I NG R;-0L:ESTED BY- ND- ; 227 - WE+EN RECORD&j INIL TD: f34=357()(@ - City of Carlsbad I i.‘:. ,!lG ;‘fc{j 1% --i 21 i-y,/{.. :i’irT;;‘rlc 1200 E’im Avenue 3 i L,ch +,‘r;,,:i:! ;,:(;tj:; j’y!:;,, 1 Carlsbad, CA 92008 ! :I-% SEP 2 r~ p;j 2: 5 ,t; yf:r’>. : ! “, couy-y l;-- ,..,.:r / Space above this I?Pw id, R’ec?&ki- ’ s Use w FEE Documen:_a t-y transfer tax: $b fee signature of declarant f i rm name 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 I ; 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 ‘( I ) , i ’ . 1 ._ i - ..--- _---IIIL-“.-----*---- . - .- -..-- ..__-.-.--__ --“.--._ ._“I- -~ _ _-__ t i 8 / - ,,- 218 - . 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 .*. ’ .&l I f.: I*. ; I ^. ‘.‘fzr ;;;, _, and covenants here in conta : .lr 219 - 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) I-l_c- ___- - -.-.-... .-----..----- -----.- _I_ ----i---._---_--c-.~ I_- ; , ,‘. X.’ P _ .- .;,t- I .*. : .’ .,’ ‘..,“. ,,- _ ,.‘., ,,‘. ,T ‘. u .’ ., : .,;: .;- , < . ’ 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-.----- ‘I’. -: _’ , .:.- -. ., -, .,-. : : .;L;:.. .?. ? ‘I ‘: ‘:.‘ i .= _. ‘, :‘t:i ;:.; :.. ‘ f I _ .:“ls;<;$!.: t5.,‘. -. 3.. .-.) ,&“‘T9. .*. -,-. .* . _ .1; ‘, ., f 1 . , ~ :. - ..:y ,: i -. ~~ : :> .: ;, - I i-h, I >ii.. ‘I*-’ . *;y.y y-y . . L - . 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. . 5 _ 1 ._ ._. _I (5) f- . . ..-.*.-.- - - .____..-___ _ -_.-_______ ---... -.--. _I---_- -“.--------. .- $ ,. Y’. 5 ., * L . . i ,<,,&,,. y:.:.:i;~‘-,a,l, . . , ” ._, ‘2.. .,I :. _..- ,tw-yy* , Y : . ..-. _ ; . :, ,A- .’ .’ -- ^. ..,,“., ,-, : ..’ :,. 1:. .. I _. _’ ; ‘I :_ . :. :’ 1 ,:.,* ..: - ,. ..-.,:,.AI,.‘. .; ;*Y _ _. “M.>, _^__ _../.. .-*C-lYl..--n”...ir-” .^___ .___ .._ 1_w---. 4 , .,.* . 222 .- 4 f Section 10. The required improvements to LG constructed and l 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 , . 1 Dated . . I Estimated Costs $ 3,0.78.00 462.00 :. -+//gyy ‘TOTAL CoTT * ‘$ -: I /I9 ’ i . . 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 $ ;” .; . .‘: ,i ? il i ;i , .’ (Notarial acknowledgement of execution of owners must be attached). -6- . . L _-.a--...... . ..-.---we._. _ -._ .____..__- L11.. . . ..e y...-.-- .-_._.___ .-.__ _._ . . I _. ._.. _..___ ~. - . .,-we-. . ..--- . - . .I -...-- --.- . ,,” - s ,’ a ,* 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-,