HomeMy WebLinkAboutMS 235; Darcy, John and Betty; 83-479995; Future Improvement Agreement/ReleaseRECORDING REQUESTED B’CAN@)
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City tif Carlsbad
12Ob Elm’ Avenue
Carlsbad, CA p2008
I%3 QEC 30 Pi3 3: 57
i VERA L. LYLE
> L tmMl-Y iiiCURDER -.I
1 Space above this 1 ine for Recorder’s NO FEE
use
Documentary transfer tax: $No fee
Signature of declarant determining tax-
f i rm name
City of Carlsbad
Parcel No. &95-2~ -5P
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal ._
corporation, hereinafter referred to as “City”, and
xdw F* b&nr R. ak-ecy
hereinafter referred to as "Property Owner"
RECITALS:
WHEREAS, Property Owner has applied to City for a
Minor Subdivision
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 and Section 20.28.060
attached hereto and incorporated by reference herein require certain _
improvements and dedications as a condition of
Minor Subdivision No. 2-35 ; and
WHEREAS, Property Owner has requested said
Minor Subdivision
be granted by City in advance of the time said improvements are to be
made; and
l WHEREAS, Property Owner, in consideration of the approval of
(1) .
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i
+w .J - - 600 - , sai: d’ ,&nor Subdivisior, .0.235 desires to enter I -0 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 1. That City agrees to record any irrevocable offers
of dedication made by Proper,ty Owner for Minor S~&~vision ~0. 235 >
Sect ion, 2. That’ Property Owner, in lieu of making the herein-
after described improvements before approval of said Minor Subdivision
is granted, agrees to instal’l and construct, or cause to be installed ’
or constructed, said improvements in accordance with plans and speci‘fi-
cations approved by the City Engineer within 60 days after written
demand so to do by City. Property Owner shall not be requi red to make
said improvements -before A/&/L I, 1984 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 inter-
secting streets on both sides of the street upon which the property herein
described has frontage, have agreed with City to install 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 pet it 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 .
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
(2)
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a.nd covenants herein contained, Property Owner hereby grants to City a
1 ien upon the hereinafter described property in the amount of 7,l2%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-
f ied herein, he agrees that City may do any or ail of the following:
(a) Have the necessary engineering for said improvements
done, and install and construct said improvements by contract or other-
wise. City or its contractor and his employees may enter upon any
portion or portions of the p.roperty 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 sai.,d improve-
merits, 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 or purchase money 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 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 Iikewise 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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a .I * - 602~
trustees’ sale of any =uch purchase money mortgage or purchase money .
deed of trust.
Section 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 to be released from the lien herein imposed.
Sect ion 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 specified in
this agreement prior to the completion and acceptance of the same, nor
shall said City, nor any of.ficer 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 &net-, 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 li.abilities of or to any person or property injured or claim-
ing to be injured as a result of said work or improvements. Said Pro-
perty Owner, and his successors, heirs, assigns, and transferees, further
agrees to protect said City and the officers and employees thereof from
all liability or claim because of, or arisi,ng out of, the use of any
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
pubi ic 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,
(4) ’ . ,._I _ r_--.. . .- i .---. -” .-., ,._‘_.__,, ^ .--. _ ___-_.-.._-I__r_ IL .--..-- _.-_. --- .- .- --I_ a-,-- -- - .
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a5s i gis’, . and transferees of Property Owner, shall run with said real
property, and create an equitable servitude upon said real property.
Sect ion 9. A description of the property referred to herein
and upon which said lien is imposed is described as’follows:
__
(5)
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r Section 10, l,re required improvements tti be constructed and _
I. ' '.
the'estimated costs thereof are as follows: '1
' Improvements .
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. 137./ L.&I- d?UnA ,‘bv.m-ze
137/ S-F, A-- Al& BA5E
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P OR77bJ(/ &I= S7AEE-r L,/6=+T-
Dated: &&be, 7,j@
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
Estimated Costs
r-4?&B-3S
TOTAL COST $ 7amqa .
CITY *OF CARLSBAD, a Municipal Corporation of the State of California
By&qiiiwkdep&;e--
FIQVJK D. AL-RE, City Manager
.
On ~-%%3&ie, -23. /%a before me the undersig$ed, a Notary Public in and for said State , pe&onally'appeared Frank-D, Aleshire known to me to be the City Manager of the City of Carlsbadi a Muni~i~a3.' Corporation of the State of California, known Lo E -Lo 'ut: ii& i;ltikson xhG executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. .
WITNESS my hand and official seal.
City Attorney i .
Notar) Public - Califorhia
21. 1985
(Notarial acknowledgement of execution of owners must be attached)-
-G-
STATE OF CAUFORNIA
COUNTY OF ai @“fSx ss.
On this the 7/-k” day of I, L ;~*&!C K-m
Notary Public in and for said County and State, psrsonally appeared 48 hkf & M
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, personally known
to me or proved to me on the basis of satisfactory evidence to be the