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HomeMy WebLinkAboutMS 552; Krominga, David; 81-373369; Future Improvement Agreement/Release;:ilCoR~ I Rc; R’EQUESTED BY -‘JD ) G;Ht;4 RECORDED MA IL TO: .i ,’ City of Carlsbad > 1200 E lm Avenue Carlsbaci, CA 92008 1 > ) 419 Space above this Tine for use . Documentary .transfer’ tax: $No fee Signature of declarant determiningtax- firm name City of Carlsbad I Parcel No. 215-260-41 C’ONTRACT FOR FUTURE PUBLIC IMPROVEMENTS TH corporation, IS A.GREEMENT is made by the City of Carlsbad, a municipal hereinafter referred to as "City", and David Krominga, a single -2 * hereinafter referred to as "Property Owner11 RECITALS: WHEREAS, Property Owner has applied to City for a Minor Subdivision . for the real prope.rty hereinafter described, now under Property 0wner”s 2 ownership; and WHEREAS, it has been found that said property is not suitable . for development in its present condit‘ion, 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 City and Section 20.28.060 l attached hereto and incorporated by reference herein require certain _ improvements and dedications as a condition‘of .approval of this . . Minor Subdivision No. 552 ; and - I WHEREAS, Property Owner has requested said Minor Subdivision be granted by City in advance of the t ime said improvements are to be made; and . ,’ l WHEREAS, Property Owner, in consideration of the approval of ’ (1) . I t v . - .D..“W y .._-. . ..*. ..-... f . s ._ - I. . ..s---. - .? .,‘.‘_ ~1-.*. . ,.;_ __,.._._ ,..... -.. .-....M... . ..m.-. . . . . .._._ +,“. .^,..,-. . . -” 2 : ._ . - * 420 said Minor Subdivision No. 552 desires to enter into this agreeme;t securing the construct ion of said improvements, and C ity has determined it to be in the public interest to agree to temporarily postpone said construction; NOW, .THEREFORE, IT IS.AGREED‘between the paities hereto as follows: Section 1. That, City agrees to record any irrevocable offers of dedication.made by Proper.ty Owner for Minor SubdYivision No. 552 Sect ion,.2. That’ Property Owner, in lieu 6f 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 rut ted, 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 td make . said improvements -before Jamm-y 1, 1982 or within such further period . of tim,e as is granted by City, provided, however, that upon the happening . of either df the following .occurrences. said improvements may, at the sole elect ion of City, be requi red to be made soone; than said date or such extended period of time which may have been granted by City: :: (a) When th’e City Council finds that the owners of 40% or more . of the frontage, including the frontage of Property Owner, between inter- skcting 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 City to form an improvement district for’the improvement of said streets. -. , Said improvements shall be made without coit or expense to City. City estimates that.the cost of engineering and construction of said improvements at the fime of signing this contract is $4,316.00 . Property Owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction costs at thi’s time and that t’he actual cost of same at some time in the future may exceed this estimate.. ’ Sei=tion 3. That for the faiihful pcrformancc of the promises and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $4,316.0() , 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 ag,rees that City may do any-or al 1 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 entir.e cost and expense shall be charged against said property and payab1.e by said Property Owner, his 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,a@ 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 1 be liable for reasonable attorney’s fees as a cost in s.aid proceedings. . Section 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, mot=tgagees, or beneficiaries of any : 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 . .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 lien of any such purc.hase 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) f .,....r.w . . . . -, . ..- . __-. ‘I- -__. --__---.-.--_uI_ ~--..l-~...^..-,--.,-,,,d.. ,... - . . . . -..a. * . . . . . ,.- . ..m..- -.q... e,__ .-_.. -C...C-,Y-... ._., _. _.. ..l*..w-- t , 0. t l-us tees ’ sale of any ,Jch purchase money mortgagL or purchase money 422 I’ 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 sai.d 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 1 ien herein imposed. Sect ion 6. Said City shall not, nor shall any officer or em’ployee thereof, be liable or responsible ‘for any accident, loss or / . . da’tiage 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- 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 all liability or claim patent or patented arti City and the officers. an.d employees thereof from Section 7. I because of, or arising out of; the use of any cle in the construction of said improvements. t 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 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 binding upon and inure to the benefit of the successors, heirs, (4) . C 4’ 423 assigns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. Section 5. k description of tile property referred to herein and upon which said lien is imposed is described as’follows: Lot 174 of La Costa Meadows, Unit 1 in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. 6800, filed in the Office of the County Recorder of said San Diego County, December 9, 1970. . . . . ‘* a-. . * ’ . # , , 1 - -. se. . . 7’. 426 Scetion 10. The required improvements to be constructed and . MI . the estimated costs thereof are as follows: Improvements *. Estimated Costs Sidewalk S.F. Retaining Wall S.F. Site P-reparation 6 Contingencies ' ' $ 752.00 3,164.OO * 400.00. $ 4,316.OO .Dlated: .* . . STATE OF CAIJFORNIA COUNTY SAN DIECO 1 ) ss. 1 TOTAL COST $ 4,316.OO . . . . . . . _ _ . . ‘. .-. 'Property Owner . CITY OF CAIXLSBAD, a Municipal ' Corpdration of thti State of RANK D. ALESH-IIF\E, City Kznager :.. . On\ , before me Notary Public in\agd for said State, and acknowledged to the same. 1 \ . . Notary Public - APPROVED AS TO FORM: - . City Attorney . (Notarial acknowl.eclgcxwnt: 0E exccutim of owners mast Lc: attach&) _ -6- , . STATE OF CALIFORNIA ) > ss. COUNTY OF SAN DIEGO ) On November 23, 1981 , before me the undersigned, a Notary Public in and for said State, personally appeared Frank N. Mannen known to-me to be the of the City of Carlsbad, i Municipal Corporation known to me to be the person who executed the wi of said Municipal Corporation, and acknowledged Carlsbad, California, executed the same. Assistant r;ity Manager f the State of California, .tEin instrument on behalf to me that such City of 1 seal. STATE OF ('ALIFORNIA ~WNTYOF San Diego ss. . I On NP v_em_b_ex.-%,~ 1981 before me, the undersigned, a Notary Public in and for said State, personally appeared David Krominsa __-__ , known to me to be the person ~~~__ whose name that ~_ he subscribed to the within instrument and acknowledged \5 executed the same. WITNESS my hand and official seal. q u PR-$3 (30) Cecelia Rust Name (Typed or Printed) (This area for official notarial real)