HomeMy WebLinkAboutMS 429; Kelem, Louis and Rosemary; 80-338622; Future Improvement Agreement/Releasef{I~~i’()j~!! ‘i iif; 2. E (1 \J [-: I; I c 11 F; Y /?2i i) ) :- ,i i, bii,%-ii :;ic ili:‘$ r:[j fb. I is I 0 : ) mu - 2 _ > ’ “:Qt <,: - .‘ C L1 is I Y: i-12 Cl >
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‘C’ON-fFik.T FOR FtiTUiiE PL!BLiC It4PROVEt4Ei4TS ------- - -- -- I I
Xi-l I s AGREEEEP~IT is made by the City of Carlsbad, a municipal
co:-per-r; :: IO:>) herein3fthir referred to as “City”, and
Louis Kelem and Rosemary K. ‘Kelem, husband and wife, as joint tenants,
hcXein2fter referr:& t-~ a,~ "Property orrinerw
RECITALS: I ---I
\,!tfrLREAS, Property Owner has applied to City for a
Minor Subdivision Y for the real property hereinafter described, new: under Property Owner’s
,. nwni:rs!33p; acd
L~tlEwAS~, iz: h;~s been found that said propcrt’y is not suitable z
for deve 1 opiment ix it:; present condition, however said property would be
s.uitabie for devcl~;x~en~t if certain public improvements here-inafter
described are con:;tructed and certain irrevocabfe offers of dedication
are made to C i ty ; :I-,,+ c ,:r-
SftlEREf.5, ‘-7 r3 Municipal Code of City and Sectio:x 20.28.060
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c~t:tac(;;I~c~d hi: ret0 ;I :~rl incorporated by reference hcrcin rcqai t-c certain _
ifiljl tmO'~/tl!TiC.'Il~t 5 i7:1d cIw~ic;~t ion5 as a conclit ion of c7pprov;~l of, this
E1.ino.r: SuXii~~i:;:! 0-i-t Ku. 429 ; and
WIERFAS , f’ r 0 p c.: r t‘ y O!d:l :I! r ha s r e q u c: s t (3 cf s cc, i d
M.i nor Su~~!~l:i.vi.si.on
hc y ritrl tncl by C i k y i ti adv;I rjI;fi of t I,rb t irr;c 5;) id imp rovt.:mcrlt 5 a r-c to bc!
r313 ci 12 ; il nrl
' \lii ( f: ft 1: A 5 , i't-;![;ctr t.y (i,:j:r:; , i ;I c, cl il:.; i 4 (2 i-;t 1. i i,q i’> f ! ! 1,:: J iii. i'i,j\l{f , 1 01 . ” cl 220 -9
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sal;r!'Minor Subdivision No. 429 des
‘jty&’ ‘ ._
ires to enter in1 this agreement
. :
securing the construction of sa.id
ii: to be in the pub1 ic interest to agree to temporarily postpone said
improvements, and City has deter.mined
const ruct i urr;
MOW, THEREFORE, IT IS AGREED between the parties hereto as
%o\ 1 ows :
Sect ion’ 1. That City agrees to record any irrevocable offers
of dedication made by Proper.ty Owner for Minor Subd'ivision No. +2S
.
?ect ion .2. That. Froper?y Owner, in lieu of makinq 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 specifi-
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 September 30, 1981 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 to be made sooner than said date or such
extended period of time which may have been granted by City: 2
(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 ha.s frontage, hdve petit ioned the City to form an w
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 $7,890.00 .
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
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* ‘hnd covenants herein contained? Property Owner hereby grants to City a
1 ien upl-,n the hereinafter described property in the amount of $7,890.00 ,
plus any frjture Increases of cost in excess of this sum resulting from
increased engineering and c,onstruction 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 al 1 of the following:
(a) Have the necessary engineering for said improvements
done, and Insta 11 and cor.struct said improvements by contract or other-
wise. City 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 ‘aga i nst 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 insta.11 and construct sai..d improve- .*
ment 5, 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 s.aid proceedings.
Sect ion 4. That it is agreed that anything.herein contained to
: the contrary notwithstanding, the promise’s and covenants made herein shall
not be binding upon the holders, mortgagees, or beneficiaries of any 1
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 .
successor-s, 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 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)
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.t r-fJS tees ’ sale of any such 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 port ion 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 occur-ring 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-
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 wi 11
at al 1 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 of improvements
as may be required by the City Engineer of City.
Sect ion 8. This agreement and the covenants contained herein
shall be bindinq upon and inure to the benefit of the successors, heirs, 4. . L * .. ,, .. (‘I) .‘, ‘... .I”. ~**.w... - -.., ..rurr*-‘q..“.v. -. ‘I t ,, ‘.:. f -T.C-*,.+.*C. . ,. - - -.... ” ..-_ --e.‘l..,...-.-.-.*--r.l ..-.. “_ .I -,--. - . . ..e-.*.e- -m-.-,.-e - -.
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t y Owtne r , ShS 1 1 I-1Jr-I W i t f> 5s id r-en i
pi-opc:rL:y, a ncl c rea t c: an ‘cqui table set-vi Li~dd upon said r-ml propcr*t:y.
S ec L i ot I 3 ____ ---- ..- .---L A d?SCi-i{jtiGll Of tile prOpcrt)’ refe;;-Cd tCJ hZrCi:-;
c7rld ut)oi7 which said lien is in1posc.d is described OS FO?ICXJS:
Thrtt portion of Tract 119 of CARLSBAD LANDS, in the City of Carlsbad,
County of San Diep, State of California, according to the Map thereoF
NO. 1661, filed in the? Office of the Coumt-y Recorder of San Diego County,
h~~:i: 1 , 19'1 5, de:;c:ribzd as a whole as follows :
'l'b 3 t ~zrtion oE 'rra'ct 119 of CARLSff.qD LANDS, in the City oE
Cat-lS;.Z:d, county of Ssn 3ieg0, State of CaliEornit3, according to the
j.!J> t. -.rft.r33~ P?o. 7661, filed in the Office of itha County 5',2CoK“lEr oc
S&F, z ,:>\:jo . COil!lt.y, idarch 1, 1915, described as a whole as 'i-ollws:
3ei; .i::ninq at the intersection,of the centcr‘linc of 6); Avenue as . 7 s a L e k*r \3 n u e i s shown on said Hap No, 1661, with- the southerly proloficjation OE the Westerly line oE Tract 119 of Carlsbad lands; tl-ler?z-r? North 5502'7' East along said center line oe (-;zik, Av;"nue, 226.47 feet to the TRUE 30INT OF BEG%f'JfiIX@!G; thence continuinq i?lcjrth 55O27' East .alcinq t?e said center line 12t.39 feet t-3 LtiC! ITlOSt:
South2eLy corrl!.?L’ 05 that parcel of land described in detxi to 1x1. -4, Scott, et ux, rccorrlsd Str?uary- 13, 1941 as Gocumznt: XI. 2655, in 3OOIk 1116, page 331 of Official, Rcmrils; th<?nce along the
~o~th~Jc.St2rly li UC? of said Scatt Ion&, Nortfl 3v33 ' west 273 02 fee?-: * to tA1e Easterly corner of that parcel of land described in that-deed to the City of Carlsbad, recorded October 9, 1967 as Document No, 3.55021 of Official Records; thence South 55°271 West- 122 Eeet ta the
-North~~astterly line oE lagd described in Deed to Atbert S. Hawkes, et ux, recorded in Wok 1536, page 336 uI! Deeds; thence South 34"33' East along said Northeasttrl y line 240 feet to. the TWE: eoftw Or" f.3 El c, I Id >! .I PIG ,.
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I r Section 10. -1_1__ The required improvements to be constructed and
,the estimated costs thereof are as follows:
Improvements --.---- ---
Roadway Preparation
Curb and Gutter
Sidewalk
Pavement Base
Pavement
Street Light Percentage .
Engineering and Contingencies
.
Dated:
, :
TOTA
Estimated Costs --.
$ 880.00 -.
980.00
1000.00
.1500.00
1800.00
700.00
1030.00
CITY OF CARLSEAD, a Municipal Corporation of the State of California
By 8&d!- --- FRAW L). ALESHIRE, Ci",y Mana,oer
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$TATE OF CALI.FOR.N~A 1. ' ) .ss. :- &OUNTY 02~ sm DIEGO 1 On 0 /iteo , before me Notary Public in and for sdid State, thz undersigned, a personally appeared Frank D. Kleshire, knowh to me to be the City Manager of the City of Carisbad, 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.
WITNESS my hand and official seal.
Notary Public
(Notarial ncknowledgemcnt o-f execution of owners must be attached).
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STATE OF CALIFORNIA
COUiXTY OF San Diego ss. 2 % OnSePtember 25, 1980 before me, 02 the undersigned, a Notary Public in and for said County and State,
8 c; personally appeared Thomasm -3
known to me to be the person- whose name is ts 5 subscribed to the within instrument, as the Attorney- in fact of
‘G 2 &uis Kelem and Rosemary K. Kelem
A and acknowledged to me that he subscribed the name& ‘: % of Louis Kelem and Rosemary K. Kelephereto 3s
e 0 principal5 and his as Attorney- in fact. z
Kiereeaotter
Name (Typed.br Printed)
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP 1