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HomeMy WebLinkAboutMS 550; MacDougall, Allan & Donna; 82-017009; Future Improvement Agreement/Release;iF.CG:ii-l ;:.tT, REQUESTED DY AND ; $/i{Efd KE(.Ol)\GED MA J L TO: > !;gg J&y 2 I AM 9: 29 City of Carlsbad 1200 Elm Avenue Ca r-l sbsd, CA 92008 i > NO FEE I-.-----_-_l_l_.l_--___l.------ Space above this line ?%r RecorderF- d use Documenta r-y t rsnsfer tax: $No fee -- Signature of declarant determining tax-- f i rm name City of Carlsbad Parcel No. 306-191-04, 207-102-20, 206-21-03 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS l__ll_ THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Allan IlacDougall and Donna I-I. biacDougal1 , hereinafter referred to as “Proper- ty Owner”. REC I TALS: --____- WHEREAS, Property Owner has applied to City for a approval of a minor subdivision (MS550) fcr t.he real property hereinafter described, now under Property O!..fner I s ownership; and WHEREAS, it has been found that said property is not .suitaSle for development in its present condition, however said property would be suitable for development if certain pub1 ic improvements hereinafter described are constructed and certain irrevocable offers of dedication are made to City; and WHEREAS, %-he Municipal Code of City and attached hereto and incorporated by reference herein requi re certain improvements and dedications as a condition of approval of this ; and WHEREAS, Property Owner has requested said approval of MS 550 be granted by City in advance of the t ime said improvements are to be l-,ladc ; LlttJ ’ WHEREAS, Property Owner, in cons idcrat ion of the approval of I ‘L , .Y . - a, . 786 said minor subdivision securing the construct it to be in the pu’blic cons t rut t i on ; des i t-es to enter into this agreement ion of said improvements, and City has determined interest to agree to temporarily postpone said 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 Park Drive (17') 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 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 requi red to make said improvements before January, 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 intersect i ng streets on both sides of the street upon which the property herein described has frontage, have petitioned 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 th-is contract is est 7o.oo/ft .(258 18,060.00 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. LF Sect ion 3 -- --..L That for the faithful pcrformancc of the promises . 78’7 and covenants Iht’rei11 zo~iiairied, Property Owner hereby grants to City a lien upon the here’inafter described property in the amount of $18,06O.Op 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- 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 entire 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 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 said 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 1 iabl: 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 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 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- inafter described is acquired by or as a result of a foreclosure or (3) 788 trustees’ sale of any such 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 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 shal 1 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 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 h i s successors, heirs, assigns, and transferees, and they shall save the City harmless f ram, and indemnify the City against, any and all claims, suits and liabilities 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. Sect ion 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 of improvements as may be required by the City Engineer of City. Sect ion 8. -- This agreement and the covenants contained herein sha 11 be bi ndinq upon and inure to the benefit of the successors, hei rs, (4) . - 1 . .\ l assigns, 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: Lot 3 in Block "F" of BELLAVISTA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the Office of the County Recorder of San Diego County, March 7, 1929. (5) 4 * , , .J r ) a r‘.’ I - 790 -I Section 10. The required improvements to be constructed and -- - the estimated costs thereof are as follows: P Improvements . -. -. Estimated Costs A.C. Paving A.B. Base Curb and gutter Sidewalk 258 L.F. $ 70.00/ft . * TOTAL $18,060.00 TOTAL COST $ Dated: /.-JO-J-/' , . .CITY OF CARLSBAD, a Municipal. Corporation of the State of California By $2isiwL43 @L. ST&TX3 OF CALIFORNIA ) FRANK D. ALESHIRE, City Manager I . . ) ss. CO'JNTY -OF SAN DIEGO ) On /? /ydL before me the undersigned, a Notary Public r sdld State, p ecsonakly appedred T+ank'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. Public- CdifwAI l APPROVED AS TO F Vincent P. Diondo, Jr. 1 City Attorney (Notark acknowlcdgcment of cxccution of owners must be attacllcd) , -G- (Individual) & 2 STATE OF CALIFORNIA d San Dies0 ss. % COUNTY OF December 30, 1981 -- before me, the undersigned, a Notary Public in and for said State, personally appeared Allan MacDouqall and Donna M. MacDou9all , gl.4 ----------------------------------------------- @IL --~ 2; ----------------------------------------------- 3, ---------_------------------------------- , known to me a4 tll hr the pcwon ~ -___-- !%I- IO tllr within instrument and acknowledged that Pamela C. Subka Name (Typed or Printed) L,rr,ar-.rr.m/-,*r-b (This area for omeial notarial seal)