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Home My WebLink AboutMS 521; Frontiera, Albert & Sandy, Joseph; 83-121747; Future Improvement Agreement/Release. *, I . -- .’ t 83-121747 . - , 1 awqu; t. bc18 RECG?rED :N ---I OFPIC!Ak RF^CG.IV.?S ii iI I: 0 R D ! N G R E 0. U Ir: S T E. D R Y A ND \:ir-lEhj ‘I’ECORP ED MA I L TO : ; r OF SANDlEGDC!!lJNtY.C~.t 1983APR IS PM 234 City o-f’ Carlsbdd 1200 E 1frl Avenue VEP.A I-. i..?‘I.E Ca ri sbad, CA 92008 L i f-J)UNT’r’ j;::i:GiiCg3&t -_--_ _ --- -----.--I---- - .-- Space above this 1 ! ne for Rezorder’s use NO- m MM Doc3~e~Q4~ Signature o- de..larant determin~ncj tax- f i t-m name City of Carlsbad .--- Pa t-Cf?l No. 3,()6-14,Q-64 -. --- --- --- CONTRACT !-OF FUTURE PUBLIC IMPROVEMENTS -.._ ..---: .-----_- THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Albert Frontiera and Joseph P. Sandy , hereinafter referred to as “Proper- ty Owner”. RECITALS: - WHEREAS, Property Owner has appl icd to City’ for a Final Parcel Map (MS No. 521) fc,r- the real property hereinafter ciescribed, now under Property k:7er’s ownci ship; 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; .a~? IiHEREAS, *the Municipal Code of City an Approval for minor subdivision No. 521 attached hereto and incorporated by reference herein requi 1-e certain improvements and dedications as a condition of approval of this Parcel Map ; and WHEREAS, Property Owner has requested said Parcel Map be granted by City in advance of the t nmiJc; ;inc! imc sa id improvements are to be ’ WI-IEREAS, Property Owner, in considerat ion of the approval of (I) c A - . . . , oil u . 679 said Parcel Map des i res to enter into this agreement securing the construct ion of said improvements, and City has determined it to be in the pu’blic 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 Property Owner for minor Subdivision No. 521 Section 2. That Property Owner, in lieu of making the herein- after described improvements before approval of said Parcel Map is granted, agrees to install 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 required to make ’ said improvements before 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. improvement district for the improvement Said improvements shall be made (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 City to form an of said streets. 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 enqincering and construction costs at this time and that the actual cost of same at sonic time in the future may exceed this estimate. Sect ion 3 -.-..A-2 That for the fa i thful performance of the promj scs (2) ;InG c;ovenants hereill cor~izained, Pr-operty Owner htireb)/ grants to City a lien upon the herc’inafter described property in the amount of 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- 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 his employees may enter upon any portion or portions of the property reasonably necessary for said engineering and construction, and the ent i t-e cost .and expense shal 1. 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 eveni: 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 eng i [leer i ng, and the work required to install and construct said 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 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 whi’ch 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 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 hcre- inafter described is acquired by OI- as a result of a foreclosure or (3) trustees’ sale of any such purchase deed of trust. Sect ion 5. That at any t the Property Owner, his successors, money mortgage or ime during the period herein provided, 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 t,he 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. pu rcha se money Sect ion 6. Said City shall not, nor shal 1 any officer OI- employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified in tin I S ar;rreement 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 reaso;: 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 1 iabi 1 ities 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 arising 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 cc~~plet ion and acceptance of said work and im- p rovellret3l.s by ;IIC 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 SS may bcl i-C!yU i red by the City Erlgineer- of City. Sect ion 8. -- This agreement and the covenants contained herein sha 11 be bi ndi nq upon and inure to the benefit of the successors, hei rs, ( 4- 1 , . I - . . ) l J - 682 assigns, and transferees of Property Owner, shai 1 run w ith sa id 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: Parcel 1 of Parcel Xap No. 4758, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of S&n Diego County, May 21, 1976 as File No. 76-155052 of official records. (5) 2 'd * . ..VUL 683 - Section 10 - The required improvements to be constructed and -I the esti.rnatcd costs thereof are as follows: 'b Improvements \ I_.%.I- .---- Estimated Costs $ 157 Ft. of curb, gutter and sidewalk at $14.00 ft. 1570 Sq. Ft. ok A.C. Paving $'2,198. at 1.50 sq. ft. 2,355. $4,453. Dated: Lf /yi@x' , STATE OF CALIFORNIA COUNTY 'OF SAN DIEGO 15% Contingency 667. TOTAL COST $ 5,120 'CITY OF CARISEAD, a Municipal Corporation of the State of . . t22~%ffkls,a 1 FI?ANK 1). AlXSHIRE, City K~na&- =: . On /ppR/L /A, La?3 before me the undersigned, a Notary Public in and for s&id State , pe&onakly appeared Frank'b. Aleshire, Llown 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 .peison whc 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. .* APPROVED AS TO qinccnt F. Biondo, Jr. (';li.ty Attorney ! (Notarial acknowledgcmcnt of execution of owners must: bc nttr~c1lcd), -6- - SAFECO TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF San Diego I ss. . .- On this the 4th day of Apt-1 I Notary Public in and for said County and State, personally appeared A’ be rt ’ - , personally known to me or proved to me on the basis of satisfactory evidence to be the personS whose name * a %bscribed to the within instrument Signature of Notary FOR NOTARY SEAL OR STAMP -....” ,,,, .,,..... .,......,” .,..,.....” ,........... . .._ g ,E OFFICIAL SEAL Z Z CAROL A. REED s E g NOTARY PUBLIC-CALIFORNIA g z PRlNCiPAL OFFICE IN z g SAN DIEGO COUNTY z I g My Gmission Ex&& November 19, 1984 z ‘i5 .BIIuIIIIIIuIIIII1nullulllllilllllln~~llullnnll~llliulllllllllllllllllllluulll~~~uullllllllllllllllllll~