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HomeMy WebLinkAboutMS 426; Stauss, Robert and Jane; 82-088970; Future Improvement Agreement/Release. 1 . . I . RECORD ING i?EQUESTED BY - <ID ) 1 74 ‘r-4 i-i f a;-Ti?ECORDED MAl L TO: City of Carlsbad 1200 E lm Avenue Carl sbad, CA gzoo8 > Space above this 1 ine*far Record =fEa-- use Documentary transfer tax: $No fee Signature of declarant determining tax- firm name City of Carlsbad parcel No, 207-120-37 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and ROBERT E. STAUSS and JANE STAUSS 4 husband and wife as joint tenants hereinafter referred to as "property Ownerta REC I TALS: -. 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 pub1 ic improvements hereinafter described are constructed and certa n 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 approval of this Minor Subdivision No. 426 ' ; .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 +&-IEREAS, Property Owner, n ( I ideration of the approva cons 1 1 . / . . s ,‘JL 1 ’ ia id &nor Subdivision No. 426’ 75 - desires to enter into 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 construct ion; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section’ 1. That City agrees to record any irrevocable of,fers of dedication made by Proper,ty Owner for Minor Subd'ivision No.426 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 cons t rutted, said improvements in accordance with plans and. specifi- I cations approved by the City Engineer wi’thin 60 days after written # demand so to do by City. Property Owner shall not be required to make said improvements -before January 1, 1983 or w-ithin 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 t,o be made sooner than said date or such extended period of time which may have been granted by City: :L (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 5O%*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 shalj be made without cost or expense to City. City estimates that. the cost of engineering and construction of said jmprovements at the time of signing this contract is $5,962.00. . . P.roperty 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 ’ I I 0 (2) ,’ F . .._” . . . . . . ., ,p-,,,*.. . . . . _ -,,,---“.T,- .-r-.^.-,I**I.- L....,.m.,..~“.“.. Ill-.-~..-*. .e.-...v.. .._ ..,_,-. - ., .m*- -..-_ ___.” -.-,...” -,._ “._.. e-,. .._ ._. ,” _, t .- . . -. -_ -.. and covenants herein contained, Property Owner hereby grants to City a 1 ien upon the hereinafter described property in the amount of $5,962.(M) , 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 fai 1 to install and construct said improvements in the manner and within the time speci- fi.ed herein, he ag,rees 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. City or its contractor and h’is 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 Ow’ner, his e Su&essors, 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 s,aI.;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 P.roperty dwner, 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 de’ed of trust for value which has been or may in the future be executed 6y 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 1 ien to the 1 ien 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- a inafter described is acquired by or as a result of a Foreclosure or (3) (r .-. ...m,w’.-T.-r _ . . . ..---... . . ----.--..I -..-- r...L ...“.Y,n.---rr-v.‘..w” -I”‘- -- “‘7 ..- --.....-.-e._. . . . . ..w -w- ..._---_ “.. --.-, I .- . .., ----s - . * ** /c 77 - f l-us ?;des ’ sale of any sLich purchase money mortgage or 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 to be released from the lien herein .imposed. .Sect ion 6. Said City shall not, nor shall any offi.cer or 4 employee thereof, be liable or responsible for any accident,. loss or . dainage 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 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 Owner, 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- i,ng 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 arisilng 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 public of any dangerous or defective conditions of public property. The Property Owner hereby agrees ?o pay for such inspection of improvements as may be required by the City Engineer of. C.ity. Sect ion 8. This- agreement and the covenants contained herein I shall be bindinq upon and inure to the benefit of the’succcssors, heirs, (4) I 1 p .’ ~ ., . ...,. -.,. * . . . . . . . .._l”. _ ” .,,._,e * ~. ‘-,” . . . . 1*. “.#.-1-./‘-d.-.~~ .~.m,r....-..* -.,, . . . . . ..*.I !_.. (...,” . ,. . - ,.-C ._.*_ -... .*- ..L -_... ,,..^-.,._. _..._.-. ,-. ’ . . .,Q. . -- -. - ._ _ . . . ‘: /L 78 - I ’ I assigns, and transferees of Property Owner, shall run with said rea 1 prowrty, and create an equitable servitude upon said real property . Sect ion 9. A description of the ‘property referred to herei and upon which said lien is imposed is described as’follows: . . I . . . Parcel 1 and’ 2 of Parcel Map No. }zOl6 . . (5) ,.. “..,...I,,, . . . ..m-..--- . ..-. .- -.e .e.. . ..-- ^ -... .” ..-.--.- _. ._.. -.. we. _.” . . . . . -.-. --_---,-.--._-_*.- --“*v -..... ..--- _, --_ ._ .-,_.. _. , . . J ., .- . . . ‘. J _ , ’ I 79 .. . L ,’ Section 10. The required improvcmznts to be constructed and . estimated costs thereof are as follows: 'r Improvements ._ Estimated Costs Removal of Existing A.C. Berm Concrete Curb & Gutter Concrete S.idewa1.k - Construct driveway Construct A.C. Pavement & Base A.C. Dike Sewer Lateral Water Lateral Street Tree . . . Lump Sum 145 L.F 565 SF . 304 SF' 1502 SF 32LF' .l each l.each 2 each $ 200.00 1,233.OO 933.00 * 502.00 1,140.oo 176.00 500.00 400.00 50.00 plus 15% engineering and contingencies $ 778.00 , , . STATE OF CAIJFOB.NIA ) ) .ss. CITY OF CARISBAD, a Municipal Corporation of the State of California Byg24wbQ~ FRRW D, ALESHIPQ!, City EZmtrger : _. . CO@STY OF SAN DIEGO ) . I On Notary Public 'd p/‘&t /9/A ' before me the undersic&ed, a for daid State, pe&onally 'appedred Frank-D, Aleshire; known to me to be the City Manager of the City of Carlsbad, a Hunicipal 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 acknowledged to me that such City of Carlsbad, California, executed . the same- WITNESS P --Jr. ,."qc;~-;: Vincent 'F'. . City Attorney *' , (Notarial. acknowleclgcmen1: of exccutioa of owners mast bc: atttlchcd), ' -G- , I /I STATE OF CMIFORNI~ COUNTY OF SAN DIEGO 3 OFFlCiAL SEAL GlSElA HAUSER w 2 Notary Public - Cdifomia Principa, Offin, b ,F SW Megc County My Ccmmom Eaprur Jdy t let& ACnNOWLEDGMENT-Genml-Wolcolts Form 22G-b. 344 i SS. ,? ’ - . 80 ON March 22, ,19-s+ before me, the undersigned, a Notary Public in and for said State, personally appeared ---------_ ------------------------------------ , known to me, to be the person% whose name .C:subscribed to the within Instrument, and acknowledged to me that &hey executed the same. WITNESS my hand and official seal. u cxt.bwx- ‘1 Notary public in and for trid We.