HomeMy WebLinkAboutMS 621; Geissinger, Elton; 84-369947; Future Improvement Agreement/Releaser
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Carlsbad, CA gzoo8 i
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City of Carlsbad
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Parcel No. z&5 -45&z 49
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
‘THIS AGREEMENT is made by the City of Carlsbad, a mzn;cipaT
corporation, hereinafter referred to as “City”, and i
I t
ELTON L. GEISSINGER, a married man as his sole and separate property
hereinafter referred to as “Property Owner”
RECITALS:
WHEREAS, Property Owner has applied to City for a
Minor Subdivision 62)
for the real property hereinafter described, now under Property 3wner’s
;: 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 City and Section 20.28.060
attached hereto and incorporated by reference herein require c
improvements and dedications as a condition of approval of this
Minor Subdivision No. 621 ; and
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
’ WHEREAS, Property Owner, in consideration of the approval of
(1)
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c, . Ilr. .I.
b-v . 264 ’ ,
*said')finot Sufidivision No. 621desires 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 OWnet- for Minor S&d:ivisiOn ~0. 621
Sect ion 2. That, Property Owner, in lieu of making the herein-
after described improvements before approval of said Minor S&division
is granted, agrees to instal’l and construct, or cause to be installed
or constructed, said improvements in accordance with plans and specif@- :
cations approved by the City Eng’ineer within 60 days after written t
demand so to do by City. Property Owner shall not be requi red to make
said improvements -before ONE YEAR 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
intersecting streets on both sides of the street upon which the property
herein described has frontage, have pet it ioned the City to form an
improvement .district for the improvement of said streets.
Said improvtmer;ts shall be imade 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 $ 8,296.OO .
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 a.t some time in the future may exceed this estimate.
Section 3. That for the faithful performance of the promises
(2)
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I #*IVY . 265
and covenants here i n conta i ned, Property Owner hereby grants to City a
1 ien upon the hereinafter described property in the amount of $ 8,296.00,
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 entire cost and expense shall b+a
charged against said property and payable by said Property Owner, hii
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 trecessary
engineering, and the work required to install 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 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)
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, ‘trustees i 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 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. r i
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 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 liable for
any persons or property injured by reason of said work or improvements,
but all of said liabilities shall be assumed by said Property &net-, 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 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
pub1 ic of any dangerous or defective conditions of pub1 ic 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)
, .
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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:
The Northwesterly 200.00 feet of Lot 15 of Patterson's Addition to the Town of Carlsbad, in the County of San Diego, State of California according to Map thereof No. 565, filed in the office of the County Recorder of San Diego County,
September 22, 1888, the Southeasterly boundary line of said Northwesterly 200.00 feet being distant 200.00 feet Southeasterly measured at right angles from and parallel with the Northwesterly boundary line of said Lot 15.
Together with that portion of the Southeasterly 10.00 feet of Pine Avenue
as vacated and closed to public use immediately adjoining the above described
land on the Northwest.
(5)
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. . Section 10. The required improvements to be constructed and .
the estimated costs thereof are as follows: 'r
Improvements ., Estima-ted Costs
A.C. PAVING AND BASE 1,850 S.F. 1.67/S.F. $ 3,090.oo
CURB AND GUTTER 99.81 L.F. ; lO.OO/L.F. 993.00
. SIDEWALK 310 S.F. $. * 2.70b.F. : 837.00
DRIVEWAY 380 S.F. 2.90lS.F. 1,102.oo
STREET LIGHT l/5 EA. ; 2990.00/EA. 580.00
FIRE HYDRANT l/6 EA. $ 2440.00/EA. 407.00
STREET TREES 2 EA. $ lOO.OO/EA. 200.00.
$ 7,214.OO
15% Contingencies 1,082.OO
TOTAL COST $ 8,296.OO .
Dated: cm?/{ .
J . Property Owner
CITY.OF CARLSBAD, a Municipal Corporation of the State of
. California .
BY 4G?iwbQu
STATE OF CALIFORNIA ) FRANK D. ALESHIRE, City Manager : .
) ss.
COUNTY OF SAN DIEGO )
before me the undersighed, a
Notary Public pe;sonally'appeared Frank-D, Aleshire,
kno.wn 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 .pefson 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.
APPROVED AS TO F
. i
City Attorney
<(Notarial acknowledgement of execution of owners must be attached)-
-G-
-
SAFECO TITLE INSURANCE 2
P STATE OF CALIFORNIA
COUNTY OF San Diego
29th
I
ss.
On this the day of August 19 a4 -9 before me the undersigned, a
3 Notary Public in and for said County and State, personally appeared Elton L. GeiSSinqer
$
5 C FOR NOTARY SEAL OR STAMP
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, personally known
8 * to me or proved to me on the basis of satisfactory evidence to be the
ci, person- whose name& subscribed to the within instrument l 4a4444*+444444444444444444444 4 l OFFICIAL SEAL :
ii : KATHLEEN L. COX :
c5 A! : NOTARY PUBLIC-CALIFORNIA 4 SAN DIEGO COUNTY
s I p :
$ My Commission Expires July 26, 19Ki4
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Signature of Notar/ 4+*+44444*4444*+4+*44444?44444
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