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Home My WebLink AboutCB 992394; Coviello, Peter & Angela; 1999-0700727; Future Improvement Agreement/ReleaseDOC # 1999-0700727 RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 2020 CICT 19, 1999 IO:09 AM RFICIAL RECORDS ~~~~~~ F&s: ’ 25.00 llls~limysll~ll~lslll 1999-0700727 : L> : L> ,,, ,.LI> ,,, ,.LI> >_.’ >_.’ ;_(_ g i t :‘t ::I ; i : ;_(_ g i t :‘t ::I ; i : ! ,’ ‘, ! ,’ ‘, ..~‘ x,. ..~‘ x,. >, ,:> >, ,:> .>’ ‘I .>’ ‘I lI:;i;$ lI:;i;$ ;:,> ,> ‘,I-“, ;:,> ,> ‘,I-“, /((,, /((,, bCL( bCL( ,.l;i ‘,I / ,.l;i ‘,I / ,’ ,’ ~>,>,/ ~>,>,/ L I,~% : L I,~% : ‘:%~, /, Space a@.ke this line for Recorder’s use. ‘:%~, /, Space a@.ke this line for Recorder’s use. i L 1.: j 1 p,ip; i L 1.: j 1 p,ip; ,,‘I, ,,‘I, $1 $1 ; ; ,,, ,,, ‘., ‘., ,(( ,(( 1, 1, ~~I ii ;I~: tg(+&+ OF wwg~gts ~~I ii ;I~: tg(+&+ OF wwg~gts ,:;;;;;, ” , ,:;;;;;, ” , ‘)‘ ‘)‘ ,( ,( 3, 3, ,~$gj&g&;g;oR F”T”RE P”BL,C ,MPRCj;~E~E#g$ ,~$gj&g&;g;oR F”T”RE P”BL,C ,MPRCj;~E~E#g$ ‘8 ‘8 ‘(: ‘(: i.’ i.’ ‘_‘( ‘_‘( i ,:::: i ,:::: i-@‘( i-@‘( “) “) (( ““‘,// (( ““‘,// :Lo :Lo ~“ jlj, ~“ jlj, pqrmit N,Q.‘*$ !&& Q$Q$f$4 pqrmit N,Q.‘*$ !&& Q$Q$f$4 i,/ ” i,/ ” ‘ ‘ ‘:“,, ‘:“,, f&c&j, No. 5~7,oti;4-05. f&c&j, No. 5~7,oti;4-05. .,) (, .,) (, FIA%lo. FIA%lo. .~, .~, :‘,a _> :‘,a _> 9&I 4 ‘_(; 9&I 4 ‘_(; i ‘_‘,:,‘(, i ‘_‘,:,‘(, (, (, 3: ; 3: ; St St >I’; >I’; ,( L ,( L ;( ;( 1’ 1’ ~“;$kjiI> ,j )L :‘ ~“;$kjiI> ,j )L :‘ I I ,’ ,’ 1:: 1:: .: I:: .: I:: THIS b$&&$#ENT is made by the City of $@&ab, ‘k’ muni&@al corporation, THIS b$&&$#ENT is made by the City of $@&ab, ‘k’ muni&@al corporation, ,:,,1 ,:,,1 hereinafter &&ed &‘&$~ “Ci$;‘&& peter A, Coviello &d’&fige[a::r~, Q&,&o, husband and hereinafter &&ed &‘&$~ “Ci$;‘&& peter A, Coviello &d’&fig&re, Q&,&o, husband and :: Z’S/ :: Z’S/ + + (,, (,, wife as joint tenants,‘h$$+inafter referred to as “Property Owner.” wife as joint tenants,‘h$$+inafter referred to as “Property Owner.” :’ :’ ., ., 3 I, 3 I, “ “ ,>, ,>, ::, ::, (,E‘( (,E‘( RECITALS I‘,‘2 t’:> j” c,, RECITALS I‘,‘2 t’:> j” c,, ,, _, ,, _, WHEREAS, Pro$&ty ,Cwner h&s applied ‘t~‘&t$for a ‘Permit Number CB 992394 for the WHEREAS, Pro$&ty ,Cwner h&s applied ‘t~‘&ty for a ‘Permit Number CB 992394 for the :‘,V :‘,V ,r I I I ,r I I I :’ :’ : ~Ii,-i : ~Ii,-i real property hereinafter describ;rif, n&vunder Pkperty-~wner”~~ownership; and real property hereinafter describ;rif, n&vunder Pkperty-~wner”~~ownership; and (:iiil,bI,((:,, (:iiil,bI,((:,, @ i ~1’ ‘) .: @ i ~1’ ‘) .: WHEREAS, it has been found that%a/d property is not suitable for development in its WHEREAS, it has been found that%a/d property is not suitable for development in its present condition, however said property would be suitable for development if certain public present condition, however said property would be suitable for development if certain public improvements hereinafter described are constructed and certain irrevocable offers of dedication improvements hereinafter described are constructed and certain irrevocable offers of dedication are made to City; and are made to City; and WHEREAS, the Municipal Code of City requires certain improvements and dedications WHEREAS, the Municipal Code of City requires certain improvements and dedications as a condition of approval of this building permit; and as a condition of approval of this building permit; and WHEREAS, Property Owner has requested that approval of said building permit be WHEREAS, Property Owner has requested that approval of said building permit be granted by City in advance of the time said improvements are to be made; and granted by City in advance of the time said improvements are to be made; and 2021 WHEREAS, Property Owner, in consideration of the approval of said building permit desires 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 construction; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1. That City agrees- to ,re~~~ij:~~~~ii~:r~vocable offers of dedication made by ,, Wji j : ,, , :~ ,: _L: ;, I :y 1 ‘,a , : ,r/:, ,L ,“ ,& : ,’ Prope,-ty Owner for CB 9923@~ ‘-‘.” :.I :i!y ,_,+ 1 : 2’ : I 3t_&,( gLf Zii’ j”?‘ ,:, “IoL/!: : ,, I*,j_i~I:~ll_ ;.,s, i i ,, ‘3 ,, Section 2. ihat .~rope~:‘I:‘:~~~;er, in’ lieu 611~ ~~kingl j’~e~e hereinafter described ,I “ i ,3/; ‘0 ,. improvements bef6l;‘~‘~pprovgl~~~f’said building permit is granted, agrees to install and construct, ;c< ‘I ‘_::‘: I‘, i 3 or cause to be~~installed ,OP constructed, said improvements in!&cordan~,, with plans and ‘, .;;I! j [/I -.: (~ _‘! i j,!. ‘: : ::i:lai :,,,:i:, 2‘3 ,“ i : t:g< * /:g L ; t:,: specifications #p&$@‘,by the && ~ngi#&‘~i~hin sixty ‘(@O)‘day~‘&@k’$fif& demand to do ,: 9~‘ : j 1 i.,.w : :.v:: ;,, !;J32’: so by City. Proper$‘&ner shall not ,be required to make said impro#&hents’&!#ore October 1, :, t_, L ‘, / ,, g Zi,,,( (‘, ,,, $‘,:a! (:(( i,g j, ‘lj ‘i:*:; ,(: 2001, or within”$uch,f&ther period’df time as’is’granted by’C@, pro$ded, howover, that upon 3 _j : s ,, “‘ the happenini 1 bf $@#~: of the’ $&&/i~g ‘bccurrences ‘,~$&$~p&&&-& ‘$ay, at the sole :“‘((, ‘3. ‘,(( ~G1, election of City, be‘required’to be made sooner than said date or sudh.‘@tended period of time L( ( ,I, :I_,,: (( ,; which may have been$r&ted ‘by City: ,_,_ ‘, L -,:i_,, / { ( )( ,/( “: $)” ‘:( j, I : :,::3, 1Z.I “ I’ ‘: ,~I‘: I _, ~>~~>> : ‘,. : ‘Ij ,, ‘,> ,:;>; (wi+ L;::‘g’:!;‘!‘ti.’ (a) Whe&the~City Council find&hat, the ‘owners ot$O%’ or more of the frontage, j jl s,, / )( :& ~.~ :) ,/1/ including the frontage of Property Uwner,?between,, $et&cting streets on both sides of the : L @ E : i‘$ 2 ‘..$‘;:‘ :_; g,: /, $3,: ” ‘,, “‘ street upon which the property herein described has frontage, have agreed with City to install street improvements 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 peti- tioned 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 improvement at the time of signing this contract is ten thousand five hundred seventy five and OO/lOO DOLLARS ($10,575). Property owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 2 REV. 5125199 20 22 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 and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $10,575 plus any fut~~~‘~~~~~~~~~‘~f cost in excess of this sum resulting from ‘, ):a : y’i:, 1 (, increased engineering and~construction cc&s, and in the event Property Owner, Property ‘ ,’ ~:E,:,: ~’ i ! :,s (, 1, , 0 wner 1s successors l weirs, ~~ssig~~~~” or”‘t~~~~f~iees, “rail t~““ir’rstall and construct said (:d(, 5, &,, , ,>> ‘,:(y improvements in the’manner:$d within the time specified tiereln, Property Owner agrees that ,(, (, :,, ~(lS ““ ;, City may do an~io~~~!r~f’~~‘~ollowing: ‘,‘i_,:) * 1’ “‘ _ :I,,:‘: :,, 0 )‘*j&l L / :,‘:,‘p~,i:::~ L ‘V,, ;b!&, *t j 1,s’ ,$*,,‘ (~) “Hd~~~he necessary engine~~in~~f~r said illlprovemeilt~~~~~~~ and install and Ilf : l;_,‘i I _, ~ j( ( 1 ,I ,’ i: construct said improve&ents by contract or otherwise. ’ City or :fis contractor ‘and contractor’s ,, ,_ I/( “ ‘, , employees rn&@ enter ‘upon any portion or portions of ihe;~~roperty~ ieasonat#j( necessary for , _s 1‘ -. .@I@( i said engineerit@ and~~eonstructi&,’ and the entire cost and ‘Cxpens~e~:SHtrll~~~IJe’charged against i j(! ! I‘ , 3 i,i,Z,, ,;“: Cc,,,’ said property and-~ :pay@bfe,t ,by said Property bwner, Proper@: KIv&&$?successors, heirs, L : ,_:i 11( ,‘, :, : ! :, ,,) 1-3 assigns or transferees ir$$ed/&@:upon compl‘etion of said improveme&. In the event same ,,, ‘E,, ,a_! (. j,- ,,I. ‘ ‘I j I is not paid within thirty ($0) days~~ro~-~~~~~l;etio~~“C/ty may foreclaie said lien as provided by law for the foreclosure of mortgages. ,_i ,‘_( ,’ ,! ,, (/ ((::(;;(;: /: s (:scL~ (b) Direct the City Engineer to estimate the cost of necessary engineering, and the work required to install and construct said improvements, and foreclose said lien in said amount. (c) Pursue any remedy, legal or equitable (including those specifically referred to herein), for the foreclosure of a lien, and the Property Owner, Property Owner’s successors, heirs, assigns and transferees, shall be liable for reasonable attorney’s fees as a cost in said proceedings. Section 4. That it is agreed that anything herein contained to the contrary notwithstanding, the promises and covenants made herein shall not be binding upon the I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 3 REV. 5/25/99 2023 holders, mortgagees, or beneficiaries of any purchase money mortgage or purchase money deed of trust for value which has been or may in the future be executed by the Property Owner, Property Owner’s successors, heirs, assigns or transferees, and the lien hereby created shall be and is hereby subordinated to and declared to be inferior and subsequent in lien to the lien of any such purchase money mortgage ‘~r~‘:~~~~~~~!,lmQney deed of trust. The lien hereby ,.( ::t, ,LLLFIbS S(ilL / jl~l( : @:::.::: created shall likewise be, srl ~~~“‘f~~~~-;:~i e~&$‘~~gain@f[~&ny o~~i;r whose title to the property i :’ >L ,’ hereinafter described isi$cquired by or &,a i~Sw~~“~~itforeclosu,~~~or trustees’ sale of any such t :“‘/I ’ I. ,‘ ‘( purchase money mbrt&$$.or purchase money deed of trust. 2 ;, 1’ s -@tl:,;, ;‘~I~/. iii,. :yr~> Section 4$ ‘That&t any time during the period herein provided, tf@ Property Owner, ,;:_:,i L : i ; ‘, /j, ‘,,Z, 133 : A : j : i,i ((, : (,Cj L ,1 ~iil,~-i : Property Owne& Succ#$sors, heirs, assigns~si~~~~~~~e~~es may deposit a3c&h bond or post a E -i, surety perform&%bond satisfactory to the City to charge s&a surety with the cost of said improvements; thei’amo$nt of,bond to be the estimated %o& of&?gineering and improvements ,,‘ I, ,, at the time of b&h dT@sit or ‘posting as ‘aScertained by the City ~ng#n$er; and that upon ,,: ,- :: -’ I:: ((, ,I ),,‘, ,( ( ,,_ (_ ,‘ _),S :, deposit of said &#i or,l$&&ing of said bond’the City agrees,t~~i:I’Fele~~~:‘t~k property, or any i( 0~ L~i L : ,: A:( (: : 2 L L 1i! w:’ portion of it as to which #$$d~ d&p&# or posting applies,,;:from the provisions of this agreement, :f(b( (( ~ii 2) +:+:r 0 *, ,, ,,’ C~:_,,I / ,_( k/I a ‘. 1 ‘,SS( and to execute any nece$&rry relea@ to erMble ‘the record title ofi:the property to be released .,‘S ?(~j~l:l~_l~)(ij:tl:_ii: :,: ,:j.] i 13 i ; : i i ‘~ I, _~ I/( : ), a ,,i I , “’ ,( ‘,: ), :‘.’ ,~‘ _, :!i:i!l:, ‘, from the lien herein imposed. “’ I ,, _: ,,,,z:(:ii,8, :I::,I:j3‘__ ‘, I ~> . . ..il. Ii, Section 6. Said City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of the same, nor shall said City, nor any officer or employee thereof, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by said Property Owner and Property Owner’s successors, heirs, assigns or transferees, and they shall save the City harmless from, and indemnify the City against, any and all claims, suits and liabilities of or to any person or property injured or claiming to be injured as a result of said work or improvements. Said Property Owner, and Property Owner’s successors, heirs, assigns I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 4 REV. 5125199 2024 or transferees, further agrees to protect said City and the officers and employees thereof from all liability or claim because of, or arising out of, the use of any patent or patented article in the construction of said improvement. Section 7. It is further agreed that said Property Owner will at all times up to the completion and acceptance of said ~~~,iI~~~l’~:~~~~p~~,~ents by the City, give good and .,I “ :‘ 1 i ._ ‘. ,I;‘ ;, adequate warning to the ,traveling publk bii any dangerou$&i defective conditions of public I, 3, ,, I “ : s L1[ property. The Property Owner her&y ~g’rees’&kp& ‘fob such inspection of improvements as “ (L may be required by theCity Engkeer of City. % )( (’ L :, :!: ; j( a;,, ‘&:,: Section 3#ii’ ThiT”&#eement and the covenants contained’~herein sh@ be binding upon i j ii:_ I, ‘: :& ‘( (8: __ ~~ ‘)1 ,: ,- (, ‘s and inure to the benefitof the su,cc8ssorS~‘,‘~81y~~~~~igns. and trat-%feree$o~ Property Owner, ;,&,: ,, : $3’! L ‘. ‘1 e: “‘ pi! shall run with &d ,&, ‘/ : f_’ ::I : :,I i L S( I’ reafliproperty, and’create an equitable servitude updh”saidre# property. : :o I/ (I, !:! );(‘( ,_,a : Section ‘9. ‘:A dekription of the property referred to’h&$in and upon ‘khich said lien is ‘, “3,) !,: I,: I,‘, , A’ imposed is de&u@ & ~f&;llow$ “~$&&&t p&-&n of L~~$f$bf:Carlsf&d Hug&&&, in the City of i, ‘a(:I ((: ;:jyi:t: :_ (, ,g,: s I ‘( a,,., ,t: ‘~ Carlsbad, County of$%-t Diego, State of California, according to Mtip~thereof No. 2647, filed in (_ :o S,(( i ; la ‘~ :/a. ; ,,’ the Office of the Coun$ l%corder of San Diego County,~Aprif$&l950. i!‘O , ;‘: E,/ ,‘, :L _:+,i I : : : i :,; ~(‘( -i,...g &: 1‘ @$I; i 3 1;) ~, >! I,( . ,i,,:i:g; : (_I .i,*:!,blp: 3 Section 10. The required tmprovements~% be, constructetl“and the estimated costs ‘.‘ s:::, “’ ,‘I Go thereof are as follows: ,( >’ ,a‘ dI,(,;g (i ‘(-“( ill ill Ill ill MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 5125199 2025 IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS Engineering Lump Sum 2,000 Curb & Gutter 68 LF 15.00 LF Sidewalk 340 SF 4.00 SF 6” Aggregate 1,360 SF~.~ i /3<,6Q SF $2,000.00 $1,020.00 $1,360.00 $4,080.00 Base + 4” A.C. Paving (,( : ; ((_ :(,, err : :_, :: :I( p&J~#&fal $8,460.00 ,, (3 )) 25$+Contingency $2,115.00 ,I : ((,, ::I _I:, ” I ‘,:,I $10,575.00 ‘, .Cij .*_’ ,.j_ : ,‘,‘ ‘,J0W “) ” ,L ~(> “ ‘-‘_I ::i :?, Executed by, Property Ow&r this d‘ ‘ ~~ ,__lj_:;t ; day of o&- , 193 ‘I : 3“) (( CITY OF CARL&#&I a municipal corporation of th&‘S’tate &California ,I’, I,, Peter A. Covielo ,:; ’ (print name here) “ ‘,, 1 1” ‘> _‘;,_g % L ‘, i _, _: !.I : : (,/ 3.’ 3 i/,~ ;, j) ‘h (S Angela R. Coviello (print name here) j ,’ ;_ ,, cc, ,,!(E,, ! (, g(i( (title and organization of signatory) (Proper notarial acknowledgment of execution by PROPERTY OWNER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 REV. 5/25/99 2026 State of California County of San Diego 1 On 10/6/99 before me, Ann E. Knight, Notary Public (Date) (Name, Title of Officer)’ personally appeared **Peter A. Coviello and Angela R. Coviello** (Name[s] of Signer[s]) (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) @subscribed to the within instrument and acknowledged to me that w executed the same in eauthorized capacity(ies), and that by w signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Contract for Future Public Improvements Date of Document 10-6-99 No. of Pages 5 Signer(s) other than named above Raymond R. Patchett