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Home My WebLink AboutCB 992932; Gehrke, Neil & Georgi; 2000-0017951; Future Improvement Agreement/Release, . 3467 DOG # 2000-0017951 RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 J#m 129 2000 IO:57 AM OFFICIAL RECORDS sfm DIEGO tIiou/W RECORDER’S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 28.00 i~l~llll~lll~lll~lll~lll~lllRRllrl 2ooo-0017951 ;:’ #’ -‘ I pi ‘6, ‘I Fpace above this line for Recorder’s use. “ T. , i’ 3 2 II ‘, , 2 I ,s ,&i?‘Y OF CARLS&#$& ;, (;I ,_:; ~‘~~~~#~~~ FOR FUTURE PUBLIC IM;kQVEhENV?E. 2 ,’ ?: i ,:%‘l(~(:,i ‘:“:): I‘ ,;; _( i*::y 1 ‘:,~I :, 3‘: 1, )‘ ‘~; L I’, Permit No. @W92f&J ~( Par&l No. ‘~Q~~~~~$~ FIA No. 0 E”1#+‘9qy?li.:.j :., ,’ THIS i%REE’l)ENT is mad& by the City of Carlgt)ad, a municipal corporation, hereinafter referred -to && ‘City”,‘and~eil C. Gehrke and Georgi D. Gehrke, a% trustees of the I (( ,’ : ‘:(,( : ,‘ ,, 3 Gehrke Family Tr$f haki#@ter referred to as “Property Owner.“‘ ,i ), ,: ._/ (, “,, ., _,( i, (, RECITALS ,~ ,_ .‘I’ ” ‘, WHEREAS, Property Owner haps apptied&‘City for a PermitNumber CB 992932 for the real property hereinafter descrW& ,;rllowund~r Proper,t~Ownet+s ownership; and i,‘_, ; ,i: ,: ,, e: ,,‘,; ‘_ : i, jl ,_): 0, ,‘I$ , ,:,, 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 requires certain improvements and dedications as a condition of approval of this building permit; and 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 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 1 REV. 5/25/99 VJQ ,* ,. 3468 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 record any irrevocable offers of dedication made by “ ,‘ 8 “:,, Property Owner for CB 992932. ‘(~ ,“‘ Section 2. m& probe@ &$&“, “ (~“‘Ifk&~‘i; $ m&i&! i %%be hereinafter described _: ‘, _$ 1 ,,:, ‘a,, :&:“ ~!: “ improvements before#Q#+ovat:of said building permit is granted,&rees t&nstall and construct, _:,:tL _t, r 2,’ 1, r,_ ‘%I ., or cause to b$~‘&&lled’ or constructed, said improvements in:eccordan$e with plans and il ; l,% ‘j): t : 5 I / / i ; j_;-(_ ~‘~ L’ ;:,j,: specifications apprc&&I by the City Engineer withilti’&y (60)‘days.B~~~~~r~~~n demand to do ‘,, s,: so by City. Profiertybwner shall not be required, to make said impro&&?ients:~r$fore January 1, “ :, ii ‘Cj 2002, or within &A& further period ‘of time as’$ granted’by :Cit$, prc$&?d,~ however, that upon ‘~( 3 / ( d, ,~lt ,’ i j_ the happening :of e&Ha@ I of th&.~&i@$i,.,g oc~~&ence#i i saf&~~~#~mpr&&&~~; &ay, at the sole :(Lj,: :,, election of City, be #$#ire&o be made sooner~than said date or subh%xt~nded period of time I * ‘ i( i which may have b&&/@-~&g$ i#$$‘$y; ‘:’ _’ j’ (/ I’ i s’ ((, (a) When the-;City,~Cduncil’find;.fhat ‘fhe owners of 4’&0 or more of the frontage, ; ,: ((: i : including the frontage of Prope&+I&vner~ ‘&$ween $$ersec&ng streets on both sides of the ‘(,’ ~/(,~,sll:),~ -- 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 nine thousand three hundred eighty eight and OO/lOO DOLLARS ($9,388). 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 3469 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 $9,388 plus any futulieiii‘l~~~S‘e‘s:rjfic;ost in excess of this sum resulting from i ‘, ‘, 8 increased engineering and construction &Ms’, “and :tn” the (event Property Owner, Property ‘: Owner’s successors, heiss~, assigns, or tr+rnsfereeW~~~~~ail~ to ~~~~~&&ll and construct said _,,I;( ,,, ((, (( ,>,, ‘( c;, ‘35 “) Z1j_,( ‘i improvements in thb’-n”lan~er.~~~‘within the time specified tie#n, Prop&y Owner agrees that i City may do an$&r’all of th@ollowing: 3%’ : :~I :;i“ j 1 j ;_j_: is) I-I~~~the necessary en~7ri~~rihg~for said iiprovemenf‘s. ~~~~; and install and ), (.’ 3 construct said 2#&W&Jhents by contract or otherwise.’ ‘j,i’ (, :, City or :i’ts &&ract#$nd contractor’s ,’ _,‘( (, I: ,:’ : ,_i employees may’e,hter ‘,&on any portion or p&ions of :the property &asona@y necessary for ;I ‘:[:{ [ ),I : said engineering’and c&%struction, and the enttre cost’ari’&“expense st%IFi:be,%harged against ,( said property and .,paya&le ‘.by said Property Owner, Property Dwner% successors, heirs, ~@:~, L> assigns or transfer&s immediate~~upon completion of sa@$nprovements. In the event same (% “1 is not paid within thirty (30),dayg:.~r~~,~~~~m~~~~~~~~~‘~ity may‘for~Ecj& said lien as provided by ,, ‘, law for the foreclosure of moflga&&:~:,’ , s ii::, ” _( ‘,; ’ i ” ,: j ,,I j l,,_l; :‘,,,“,,~: 1’ ‘ (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. 5125199 3470 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 mortgager or purchase money deed of trust. The lien hereby ;, created shall likewise be of nti‘foroe~~or effe&gainst any owner whose title to the property !i’ ‘i(:( : $‘a , hereinafter described,@ acquired by #=%&&%!$~lt~o~ a”~oreclosure or-trustees’ sale of any such : : : ! f_! , E purchase money mr&&$#ge or purchase money deed of trust. 1, ; IS’ ’ ;I, I:$“, ii x 1 j&j 1 *:,i ; : a,3 : ,, / I / I Section i& That ,:@i:‘any time during the period herein prev{dedr .t&$~Property Owner, ,jg$ I:, S((( [_S: (, (ij ,::,s, ; i: (.’ property own&&‘s~~~~~sors, heirs, a&gh&;$&&e~ees may de&# a:&$& bond or post a i,( * (( ‘ii surety performance ‘b&d satisfactory to the City to charge said su$ty,~v@C”the cost of said ;‘ ‘( ‘, i :p,$ (1(11:3 improvements; then ametint of bond to, be the &timated’&&$ df;%ngineerlng ad@ improvements : i ::, ‘: ’ :‘:) :$ 1 : $3 @_jll 4 1 ,,,$),,I I ;3:; ,: at the time of su&h def@sit or p&sting as ascertaine&.‘by the Cif$ E&$‘neer, and that upon 1, deposit of said qs@i ur!#5$titlng of said bond the City agrees to4%$ea$E#he property, or any f ; ~.&:: ! I, i j ,_; : j;:: ‘~’ ,a : ‘,, portion of it as to which &&J.deposit or posting applies, .f@$!the provisiens of this agreement, ’ :: and to execute any necessary release to enable the record title ofcthe property to be released i(,, from the lien herein imposed. “ti,(‘(~t,~ c ” ‘~ “I 1) )i,W L L>LL i ill‘< s ,(L_ i, iI((l(( Section 6. Said City shall not, nor’shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of the same, nor shall said City, nor any officer or employee thereof, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by said Property Owner and Property Owner’s successors, heirs, assigns or transferees, and they shall save the City harmless from, and indemnify the City against, any and all claims, suits and liabilities of or to any person or property injured or claiming to be injured as a result of said work or improvements. Said Property Owner, and Property Owner’s successors, heirs, assigns I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 4 REV. 5125199 3471 or transferees, further agrees to protect said City and the officers and employees thereof from all liability or claim because of, or arising out of, the use of any patent or patented article in the construction of said improvement. Section 7. It is further agreed that said Property Owner will at all times up to the completion and acceptance of said ~+vc& ~@k@!hpt%&Wnents by the City, give good and ,i i ,:_; ;‘ ‘3 I “ (SO a,, ,(I(:~1 i 3: 1 ,,: :,$: (3:’ i ,:i:‘;::i ” ,J j, adequate warning to the travelin~ !:p$bti;c ef$#) dangerous &@defective conditions of public ,- ‘,,, property. a:,, 3_‘lI;jij : ‘y$_’ :,: ‘Zi, The Properl$%wner hereby: agrees’ to pay:k#&uch i&@ctton of improvements as may be required b~6ie@&,$r#$ieer of City. _(@‘: 3’ : 1 ‘,yi:;j:_:,(,;:( (( :1; ,( ji,:; ,:j:i]gi, j)g,j :,b : 6,: Section $ ‘Thjs ‘ag&ement and the covenants contained herejn ~#$#!a! be binding upon ;c_: ; : ji*: i I / s,/ j f (,gj_ it:;: :& Ii (* :: ,,I’ and inure to the‘ben& of the Successo~;‘,‘h~~~~“~$~igns and tran~~rees~6f.‘Property Owner, ‘4 3 :, shall run with &5l~‘rea@/operty, and create an ‘kquitable servitude upon~isaidrk%f property. ‘, jjii ; ‘; Section 9. ~‘A c$&cription of the property referred~‘t~~:her&n and upon ‘which said lien is ); L ,($I imposed is described as? folloti&::.: Lot 13 of Carlsbaai”iJ;ardens:-i~~~t No:“‘?, in the City of SGi Carlsbad, County of‘:&&% Dk&.o, St&e of California, according to M@hereof No. 3998 filed in )V,‘ the Office of the Cour$y &corder ‘of,San Diego County, Octobe/‘~22, 19&k ,;-:ti / : . ‘i _‘ ‘:_;, ~‘~:(_:_l:_g_[_i [ i ,‘, ) ;:y Section IO. The’$equired improiremems’~tb “be’ construct& and the estimated costs ” L “ ‘( : thereof are as follows: ,: ,_,I,> “i_, ,~ I, ‘I i ,,> : ;i 3 ,( *‘L; >t’ Ill Ill Ill Ill III Ill Ill Ill MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 5/25/99 3:4 72 IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS Engineering Lump Sum 2,000 $2,000.00 Curb & Gutter 58 LF 15.00 LF $ 870.00 Sidewalk 290 SF 4.00 SF $1,160.00 6” Aggregate 116(l SE ‘ij”‘ ‘1’ 3pp, $3,480.00 Base + 4” A.C. Paving 1 Sl.@!;@h! $7,510.00 25oji; ~~q~ting&~y $1,878.00 ‘13 TOTAL ;@;~; >’ $9,388.00 ,,, ::, : ] ilr ‘it Executed by+/@$&-ty Owner this ._: 3l&3 ;d:ay of Dec. , 193 jI, _: 3 ,(O : : i ‘v ‘/ PROPERTY OV##jER i$ Ii) ,) il., Neil C. Gehrke;Dnd;;Georgi D. Gehrke, as ClT)' OF $&&&&&~3, a municipal trustees of the &&&&&~ily Tmst corporation of the State df:iCalifornia Neil C. Gehrke. ,“,, (print name h&h!) '.' ‘.? : ; ;'I( I il,l L(L_>LL :,:_;I;:s:/i LC!i' L ,1 - (( __((( Georgi D. Gehrke I “‘ 8 :( ‘, 8 (print name here) ‘I; 3::: ,’ ). ‘, ,, pi/ i‘ : ‘), $,,: ::,, )_ ;‘,_izll~‘, i q ,k 13, ‘f i,‘+:i:::3; ,a’, !,:,, 9jkm56 m- 4644&g f?+ ) )bi u*I/LY 7s (title and organization of signatory) (Proper notarial acknowledgment of execution by PROPERTY OWNER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attolyley By: .#iliids cp4r 7 I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 REV. 5125199 3473 State of California County of San Diego Cn j~~~,/$? before me, DO)@& /1/1* ~~~~~~~fiicer) personally appeared jl/EL c. G-EM&5 J+-ti.0 (Name[s] of Signer[s]) Gnu&,’ ID. 6E&MK~ ~ personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 . \ JxJw.44 6n.a . Signature of Notary Title or Type of Document CO/VT/WCT Date of Document /a!,$/9 4 (-.@ No. of Pages Signer(s) other than named above - ’ . State of California County of San Diego On j(;i$,/? before me, Do)@& ltl* y:: ELz itiicer) personally appeared @IL c. GEHIQkE &r&J (Name[s] of Signer[s]) G&o&,’ D. 6h’RKE I personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 Signature of Notary Title or Type of Document Con/TleAcT Date of Document /d/s/9 7 No. of Pages (-Q Signer(s) other than named above - II