HomeMy WebLinkAboutFIA 87-09; Bikadi, Louis; 87-615584; Future Improvement Agreement/Release-’ b* 1286 8742 5-y
81 6155*4
L r- ,, t’f- IL’ -7 i-:i:;=?.l:,;.r.,‘i:,.:: 1
RECORDING REQUESTED BY AND ) ; ~.i :.:.'I ,..a 'j
WHEN RECORDED MAIL TO i 1 CITY OF CARLEBAD 1200 Elm Avenue Carlsbad, CA 92008
Space above this line for Recor- der's use.
Documentary transfer tax: $ No Fee
@5+ (2
Signature of declarantdetermin- ing tax- ' firill ECiXl8
CITY OF CARLSBAD
Parcel No. 215-220-37
COlWRACT FOR FUTURE PUBLIC IMPRWXMENTS
THIS Am is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "Citygl, and Louis
Bikadi, hereinafter referred to as "Property Owner."
RECITALS
WHEREAS, Property Owner has applied to City for a BP 87-
328 for the real property hereinafter described, now under
Proper*1 Dmer?s ownsrs5i.p; and
-, 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
certain irrevocable
and
hereinafter described are constructed and
offers of dedication are made to City:
WBEREAS, Property Owner has reguested said BP 87-328 be
granted by City in advance of the time said improvements are
to be made: and
WHBREAS, Property Owner, in consideration of the approval
of said BP 87-328 desires to enter into this agreement securing
the construction of said improvements, and City has determined
it to be in the public interest to agreetotemporarily postpone
said construction;
NOW, TBBRBFORB, IT IS AGRBIZD between the parties hereto
as follows:
Section 1. That City agrees to record any irrevocable
offers of dedication made by Property Owner for 7026 Almenden
Lane.
Section 2. That Property Owner, in lieu of making the
hereinafter described improvements before approval of said BP
87-328 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 improvements
before July 6, 1988, 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
- m :uu 1288 .
Owner, between intersection 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,
between intersecting streets on both sides of the street upon
which the property herein described has frontage, have peti-
tionedthe City to form an improvement district for the improve-
ment 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 two thousand one hundred and seventy/eight DOLLARS
($2178.00). 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 $2178.00 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:
.- I uw 1289
(a) Have the necessary engineering for said improve-
ments done, and install and construct said improvements by
contract or otherwise. City or its contractor and contractor's
employees may enter upon any portion r 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
paidwithinthirty (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 said improvements, 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, 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 con-
tained 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
- .
.‘4 a VW 1230 ’
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 ownerwhosetitleto the property
hereinafter described is acquired by or as a result of a
foreclosure or trustees'
mortgage or purchase money
Section 5. That at
sale of any such purchase money
deed of trust.
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 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 improve-
ments 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 improvement, 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.
.
I
Section 9. A description of the property referred to
herein and upon which said lien is imposed is described as
follows:
Lot 208 of La Costa Valley Unit 4 #ap# 5787
Section 10. The required improvements to be constructed
and the estimated costs thereof are as follows:
mPROVEMENTS ESTIMATED COSTS
6.7.1 Sidewalk 105.50 $ 1282.00
Street Light 105.50 $ 612.00
Subtotal +15% Engineering Contingency
$ 1894.00 $ 284.00
Total Cost $ 2178.00
IN WI!ENESS
seals this I?@
WHEREOF, we have hereunto set our hands and
day of , 1987.
CI!W OF CARLSBAD, a Municipal Corporation of the State of California
By:
I STATE OF CALIFORNIA ,
COUNTY OF-
Jss.
I
On Auqust 13, 1987 ,before me, the undersigned, a Notary Public in and for
said State, personally appeared- Louis BiJ&i ----------___---__--________
rhfskiw h6.a Mddcb r proved to me on the basis of satis-
factory evidence) to be the person(sfwhose name@ is@e sub-
scribed to the within instrument and acknowledged to me that
he/v executed the same.
(This area for official notarial seal)