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HomeMy WebLinkAboutMS 426; Stauss, Robert and Jane; 82-088971; Future Improvement Agreement/ReleaseRE'CC?Uj /qG R'EQ~WED EY- :dl L/~-~E~~'RECOR~EG EMIL TO: City of Carlsbsd 1200 Elm Avenue Carl sbad, CA gzoo8 81 -32~083971 r- ,+-c,c;mE:i~ !I$--j ;c!.?- ( %’ ;- -’ f’ .-. 1: j-? \-, $1’ sn.:i ,.I f:,,,j {I,.‘;--- , , 1. LA./ use Documentary transfer tax: $No fee Signature of declarant determining tax- firm name City of Carlsbad Parcel No. 207-l 20-37 CONTRACT FOR FUTURE PUBLIC, IMPROVEMENTS I . . THIS AGREEMENT is made .by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and . * ROsERT E. STAUSS and JANE STAUSS -. tiusband and wife as joint tenant: . 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 L-z 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 Ci.iy 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 a Minor Subdivision '\ be granted by City in advance of the time said improvements are to be . . .made; and .’ ’ WHEREAS, Property Owner, in consideration of the approval of 1 )’ I I ,. . f k . . . - ._ .” -.-- 7 . .._ ‘ .._ I.~ .--.. -.,.eI.,.-.I- . . . . -.*. - . ‘, . . _.- ., ._. .._.. . -, ..,s,,. .-,-. . .. 0 _I _._. 1.... . . . . _ .,.. . . 7 ,I b’a -.3 ,I -.- - . . ., 1 T 82 said Minor Subdivision No. 426 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 offers 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- ‘cations approved by the City Engineer within 60 days after written . * demand so to do by City. Property Owner shall not be .required to make . said improvements -before January 1, T983 or &thin 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: I: ‘(a) W’ hen the City Counci 1 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 petit ioned the Ci’%y to form an improvement district for the ‘improvement of said streets. Said improvements shall be made without cost or expense to City. City est.imates that. the cost of engineering and construction of said improvements at the time of signing this contract is $lO,347.00 . Property Owner hereby acknowledges that sai,d 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 .L. (2) 1 i-l .*. . .4 ‘*-.--’ .., .- - .-.,* ....-~-,*.-.--. L .,.--rr..n .-,.. w...-/,.*-. ---.- .._.“._ w-w- .-...l-.ef- . . . . P..-,-e--...C.. _, ^._ .._.- . . I ! 1 . , . 83 and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of$10,347.00 , plus any future,increases of cost in excess of this sum resulting fro-ii 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. 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 Owner, his sutcessors, heirs, assigns, or transferees immediately upon cornpI-etion - 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- 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 attorne,y’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 lien hereby created shall be and is, hereby subordinated to and declared to be inferior and subsequent in lien to the l’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- * inaftcr described is acquired by or as’s result of a foreclosure or b ._ : -*,l-.~--“‘., . . ..--...‘~-cI-- --CIIYY...L--~..-4*...--. --” . . .,.--. - ..--. ~.I ..,.. ...-.lr.- ,_,..__ .I_ .~ -._, . -_..CI-““. 6 L s ‘84 ^. . ‘t rus Lees I sale of any ,dch 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 rridy 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 i’t as to which sa.id 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 i’on 6. Said City shall not, nor shall any officer or employee thereof, be 1 iable or responsible for any accident, loss or . daiilage 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 reas‘on of said work or improvements, but all of said li-abilities shall be assumed by sa’id 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, s.uits 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 al.1 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 wi 11 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 to pay for such inspection o.f improvements ’ as may be required by the City Engineer of City. . Section 8. This agreement and the covenants contained herein shall be bindinq upon and inure to the~bcncfit of the’successors, heirs, (4) 1 ,.. T ^X._ i.. ““““,-?” ., i . . . ..-.I+.“-“. @ I ~ I, ,..I.<. ‘_“. .*, . . . __-_. . .._.. .r_-.. (_ . . . ..--. ..-... (_,W. -- .- _- ..- _ ,_I . ..-.e.-. w-.. ..--I . . . .,--C--....... _“...“.. 1 -8 .-. ,_ $0 -_ * I . . 85 assigns, and transferees of Property Owner, shall run with said rea 1 property, and create an equitable servitude upon said real property Sect ion 9. A description of the proper’ty referred to herein and upon which said lien is imposed is. described as’follows: Parcel s 3 and 4 of Parcel Map No. 12016 . . STATE OF CALIFORNIA, ss. 3* ” _ COUNTY OF SAN DIEGO 87 ON March 22, ,182 Notap Frblrc . C&for& Sar o!i!po w ACWNOWLEDCYENT-Gonoml-Wow form ZZ&Rw. 3-64 before me, the undersigned, a Notary Public in and for said State, personally appeared Rnhert. F.. Ss --------- ____-------------------------------- , known to me, to be the person5 whose name S are subscribed to the within Instrument, and acknowledged to me that theY_ executed the same. WITNESS my hand and official seal. Notary Public in and for said State. _-_ I I‘,., .” r. - I ‘* ,& 86 - I Section 10. Tho required improvements to be constructed and . the estimated costs thereof are as follotqs: Improvements *_ - Estimated Costs Grading Curb & Gutter Sidewalk Concrete Driveway A.C. Pavement -& Base Sewer Lateral Water Lateral Street Tree Misc. Removal & Joining Lump Sum 120 LF 345 SF 285. SF * ' 3250 SF . 2 each 2 each 2 each - - . Lump Sum $2,000.00 1,020.oo 569.00 470.00' 2,438.OO 1 ,ooo.oo 800.00 . 100.00 600.00 plus engineering and-contingencies o&15%. . . . $ 1,350.OO . f / TOTAL COST 910,347~00 _ . . CITY OF CARISBAD, a Municipal Corporation of the State of . California ,,~j!4tlMA$,acuRMI,~ STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) FM D. fU.LSHIPE, City &nqer : . . . . On /+&y?pf 3p* /YM before me the undersi&ed, a .Notaqy Public in and for sai.6 State, pe&onally 'appeared Frank'D. Aleshire, Known to me to be the City Manager of the City of Carlsbad, a Municipal 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, . . _- FjITNESS my hand and official seal. ' 'A@PROVED I A AS TO FO Principal Oflice In (Notarial acknowleclgcmen't of exocntion of owners must bc attach&) _