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Home My WebLink AboutCB 994162; Moore, D.J.; 2000-0367646; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 5344 DOC ; 2000-0367646 JUL 12s 2000 2:21 PM oFFECI# RElnM SW DIEGO UUNTY RfCWR’S OFFICE 20004367646 this line for Recorder’s use. i:, $, ~‘ s ‘( !-:I,! s s *ii li I) &,, I)@ 7’s (: * 5. ,~,,:li I ,:!I ;&& OF ‘&,,&&$ i ’ ,+,:,:, :;J “ ’ ,, : j ‘3‘ 1)i ~($’ ..-::‘j:,:: (>> ‘~$#j$&&f FOR FUTURE PUBLIC ,&$&!‘j~E~~~~ 8‘ pi ‘1 ,, :_ ,’ Permit, No. CBi 994#@! Parcel No. ‘9@6-3X&64-00 ,‘ ‘: i FIA No. p[;4.00-0~, I’ :, i *_j p: 0 _‘ ,( 2 i 38 .;: ‘1 1’ (iI )i,z:i, ij ,’ (%I ? i i’ :,:Jj I . 0, ‘. THIS A&RE;EM’ENT is made by the City of’, #@bad, a muni$pal corporation, )/’ 3 ::, :;,, :( 4: hereinafter referred to$$“City”~‘dnb ‘D. J. Moore, hereinafter.referred,%o;as “Property Owner.” ,,(t j :’ ,‘ RECITALS :,i ‘, ‘(( (( : ,’ _‘ “, : WHEREAS‘?~Property Owner has applied to City for a’Permit Number CB994162 for the ( ; I“ * (,(>s(,j;g:i[s_(:I !Ii::si real property hereinafter desdrib&d $41 Laguna,jRe’sa,Tractlparcel’ ;I, in the City of Carlsbad, ,, 1’ ‘I,, a:((: County of San Diego, State of ‘Califorf;ia, aosbrd’ing to r&rp~ thereof No. 001719 filed in the office ,( jI of the County Recorder of San Diego County. March 28, 1921,now under Property Owner’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 requires certain improvements and dedications as a condition of approval of this building permit CB 994162; and WHEREAS, Property Owner has requested that approval of said building permit be MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 1 REV. 5125199 5345 granted by City in advance of the time said improvements are to be made; and 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 AGFaEEO~U~~~~~~~~~,~~a~ies hereto as follows: ,; i ,‘i ig: ($ ‘)i i Section 1. That Clt$&Jre& :to’ recby iany in&c&& offers of dedication made by ,,,~, (~ ci Property Owner for Czt@@4162. :j:‘_” ‘Y”‘*) “‘,‘~‘i $i’ ” ,,;LL ‘ii ~: : ), : La ,,: ‘_a >, 33: ,L Section 2, “):, That”‘, Property Owner, in lieu of making ttie,‘$&reinafter described :, :,.-j (,( :, ‘&4 improvements before, ,&$&&I of said building permit is granted, ‘&rees to ‘8i&tall and construct, 3 :::, ,,(’ ( :(Lj:Ig(/ /! or cause to be’ in&@&3 or constructed; :sa~‘.“?mprovemenfs in accordance with plans and specifications approved by the City Engineer within sixty (60) d&s af&r”writt& demand to do ‘,‘( : ;, : j:: ::,g @ i/> so by City. Property &ner shall not be requiiied to make s~fdimprovements before December 1, 2001, or within such: !fu?ther period of time as fs~grante# ‘by City, provi+d;: h&ever, that upon : ,_ ‘, 0 the happening of’:‘bither 1 Gf (the foitowing occurrences said imp&$&men& may, at the sole I. ‘:I:, (,f : :j::,:( ‘:;‘ ~(,: ,:;/ election of City, be ~Qsuir~al,t~s’~~:made sooner than said :d$$~r s&h ‘&&n&d period of time )) O( ((~ 2) ‘, ,( :I( i 3I ! : : ,,&‘ jj,p:p(‘;.( 816 : /:L : :, i(!:, 5:; t ,,I I ; which may have been franked byi.Ci~~j‘ ~‘~“‘~,~~:~~~~~~~’ .i”:“i~ (:(( j( j: : ; “‘, : ,jil,:j, $‘ / (a) When the City’Council finds that the&$&s of 40% or more of the frontage, I’,b including the frontage of Property Owner, between intersecting streets on both sides of the 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 Five Thousand, One Hundred Fifteen and OO/lOO DOLLARS ($5,115). Property owner 1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS REV. 5/2.5/99 - 5346 h hereby acknowledges that said cost is a reasonable estimate of engineering and construction costs at this time and that the actual cost of same at some time in the future may exceed this estimate. Section 3. That for the faithful performance of the promises and covenants herein contained, Property Owner hereby grants t;$C@ & #en upon the hereinafter described property L(E;_ ;;:i: ILL;: ~I (: : : i in the amount of $5,115 plus~$hy fu&t# ind&!$%‘of’~~st in excess of this sum resulting from ,‘: I increased engineering ;,‘$nd~ constru&on ,, ‘_i costs‘; and ih, i the event Property Owner, Property “, ,a,j Owner’s successor*; ‘heir& “&&signs, ‘,1 (( ~~ or transferees faaif’%o instai[l;;~and construct said 0s is a$;:( ; j(: i( :g$$ I improvements in’#e m%iiier and within the time specified here##‘$$roperty’Cwner agrees that ,i‘$ /,Iii ), ,C,LL City may do a$“or &@the foll&&-g: (:( :, i ,‘I:, !(a:,~ ” +,’ ‘G”) ‘:@s(:: di( (: (’ ,; ‘i ,_: : ,_,- OM : $) ;$,:$j_:/: 3: fa)“.:tiav&! ihe n ecessary engineering for said improvemetits do&, and install and 2 :;_I L )‘,) ,I( construct said’improvements by contract or othetiise. ICity ‘or’ its contracto’t and contractor’s ‘23 lj‘ employees may enter “upon any portion or portions of the‘ property reasonabiy necessary for >’ ,,i r ~,I, , _,/:’ i i -, said engineering: and ‘ij0n&uction, ‘$nd the entire ‘cost and expenjSe> $h&$be charged against j‘ ‘: a’ _i ,:,I % said property and2$eyab’fe by’~‘&#d Property ‘Owner,. ,PrtiperQ Own&% successors, heirs, ,‘ I, 1 i :‘, 3 3, :‘],$ i ‘i S13(’ :; j I ,i 1, (( ,“F ,3,‘ 3 assigns or transferees rmmediatefy upon dompletk$’ of said:! improvements. In the event same ‘i‘,,,: @ ‘.(( :‘fi iii,: : is not paid within thirty (30) d~~~i:~~m.co~Cj~ti8n,ICi~ may foreclose said lien as provided by ‘? :_; :_i:[* $ ,’ (,;:,I 1 ‘, 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 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 I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 3 REV. 5/25/99 5347 notwithstanding, the promises and covenants made herein shall not be binding upon the 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 de!cl&ui~ t&‘be;~nferior and subsequent in lien to the lien : hii, I. ~~ ‘;j[ : t of any such purchase money mort&&& *~~~~rchaseii~on~~,:dad of trust. The lien hereby created shall likewise‘&@ of no fqrc&‘& eff&?$!@;iSf any‘~owner$@k$se title to the property $),I): ,;@; “ : I: hereinafter described ‘rs;acquked by or as a result of a fore~~~ure‘or’trustees’ sale of any such ,: ! : purchase moneymoitg~ge cr purchase money deed of trust. “I ‘, i’ ,:‘$ ‘I (:,: :,:,:j/ ;ssb So “;~~:,; a’,: L Section 5. T&bt at any’,time’,dunng ‘the period herein proQiaeel;“~~~,‘;Property Owner, ,; Property Owner’s’ successors, heirs, assigns or transferees may cfep&it a c&h bond or post a I: ‘_.‘ :,_., , surety petform&tce b&d satisfactory to the City to &&g&said surety with,!the cost of said ‘Ed, >’ 1: improvements;’ the amount of bond to be the estimated“c& of engineen@‘$nd improvements ‘.( : 1 ; j,lf at the time of s&h depc& or posting as ascertained by the@@& f&&t#ber, and that upon 6, ‘1 : :‘ j deposit of said cash or ~f&$‘ig of said bond the City ag@$s ‘%I release‘ the property, or any sj I,,( :I;i1 “ c:, portion of it as to which ‘sald~deposit ,or posting applies,, from,the piiovisions of this agreement, 1 ,_’ !( ,g and to execute any necessary ‘release to enable the record &rtIe of the property to be released from the lien herein imposed. Section 6. Said City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of the same, nor shall said City, nor any officer or employee thereof, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by said Property Owner and Property Owner’s successors, heirs, assigns or transferees, and they shall save the City harmless from, and indemnify the City against, any and all claims, suits and liabilities of or to any person or property injured or claiming to be injured as a result of said 1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 4 REV. 5125199 5348 work or improvements. Said Property Owner, and Property Owner’s successors, heirs, assigns or transferees, further agrees to protect said City and the officers and employees thereof from all liability or claim because of, or arising out of, the use of any patent or patented article in the construction of said improvement. Section 7. It is further agreed ,~t~~~~~~~~~~~~~~~~y Owner will at all times up to the I“ i,:::Lt’LI:[,c :j: : I (, ) .4.jii~;~ ll!i completion and acceptance::k? sdk$ work ‘&nd’ impr&em&t& by the City, give good and 3 ,r : : ,: (( I adequate warning to the traveling..pdb& of a’ny”dangeroud:‘or def&tive conditions of public s,, i :~ ,: *GE_ (i *t,i L , ;:&: property. The Property i3wnWt:‘hereby agrees to pay for such’ Inspectron!‘!of improvements as (,: IC “‘, % may be required‘@, the”C#y Engineer of City. a( ,, 1;; ),, : ‘i( ,: : i i i a ,, :::-:i,l ~:a Section 3. %%iS agreement and thecovenants contained her&h $&$$e binding upon ,‘ ;s:,i ‘3 and inure to the”ben@it of the successors, heirs, assigns and transferees of Property Owner, : ~~ ,’ ’ ,,,,I shall run with Beid real &operty, and create’an equitable servitu&e upon said r-e@ property. ‘: : ,;;‘iJ* Section 9. A d&cription”&l the property referred iI@ herein and upo&‘&hich said lien is . 1‘ Go : ‘,( L i:,ijj,( ; imposed is descii~~d‘~~“~~llows: “’ “ ,‘( ~%,‘:,I : _(i ,,j,:: ‘, ; :_i ,: p : I : ,’ ,: ,U~‘~ Section 10:‘:“The~~ &$$e$~; krrprovements to be ,q$$&-ucted ,an$ the estimated costs 23’ : : 2: j ;~$ L ,L ‘ : jr: j,( t : I~I,:’ : [ ; I I : #i :_ ;, ,: thereof are as follows: * l{, :j~i,, :.ii”~:“lirl,!,l’!~:! ” ,I,“ __:_;, j (: ‘a,$ ,’ ill ‘?iii ’ (.: ,:$i j _, ‘f,:, :::‘:&‘! / / ; : ji;Ii ;-‘:I: ’ “ ‘,;sq]j _:, Ill Ill Ill Ill Ill Ill MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 5/25/W IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS Engineering Lump Sum 2,000 Curb & Gutter 40 LF 15.00 LF Sidewalk 200 SF 4.00 SF 6" Aggregate 3QQ, ,‘a ,$F !‘; f:i:i,: ;:il: ‘:‘;‘l‘; ;&f$@&F $2,350. $600. $800. $900. Base ; 4” A.C. Paving ,, ,$:;,: _‘ _,,:a ;:$,“~:.“‘j O,‘, : : ‘:_~j~;:_i~j::~ :pp&g$& i ,.’ ta ,,’ IiS $4650. ) 1 _,‘$‘, ! :, :sI ,‘, ,: ;I o@#~~~f~~nncy $465. + I t i :I: I.1 i,: :‘,,:,:, j: 2 : I_i’! 3:: 3 : ;ri .c:,:(i ~,~,~:~ i’ I’z giii(; ;,!,r,t: :-,~.$‘.’ “I : : L L -it METAL :i;iz:.j ’ ’ ,‘, I_:_ljjl ;; $5115. i j_q&::: :, :y’ (8 L: - ((( i’:, L ‘:iqg:&l{~i q-&y- ‘,‘~~::, ‘:,(: ‘I ‘7,: ‘: i ClTy OF “/“rCAR@$B&Q a municipal corporation of the State o$California ‘i:!i;‘ City Manager _: Owner : ‘5 ,$‘l ‘3 ,(,/ ,>I;, ‘) c ; : 3“)‘ :‘,’ _j 8 : i I (print name here) (title and organ jzation 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: RCNALD R. BALL 1: ^7Ltiirn!3 - I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 RN. 5/25/99 State of California County of San Diego personally appeared ‘n . - (Name[s] of Signer[s]) ~ personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person@whose nameM @&subscribed to the within instrument and acknowledged to me that h&@tb&@ executed the same in l&l@tht%r authorized capacity(&), and that by h&@)lttk$ signature$&on the instrument the persona or entity upon behalf of which the person& acted, executed the instrument. WITNESS my hand and official seal c - (This area for official notary seal) Title or Type of Document fj Date of Document . 3& 7 _ &XX\ No. of Pages co Signer(s) other than named above &XA& 6 - kbbs&&dnvs @Q&t /