HomeMy WebLinkAboutCB901537; Henkel, Jim and Val; 1990-0663601; Future Improvement Agreement/Release. 3’
.
f-” 4
c. 3 J c10 /
- 936 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO 1
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008
derls use. CITY -OF CARLSBAD
Parcel No.
CONTRACT FOB FUTURE PUBLIC IMPROVEMENTS
corporation,'
Henkel, hereinafter referred to as ItProperty Owner."
RECITALS
now under Property Owner's ownership: and
would be suitable for development if certain public im
hereinafter described are constructed and certain i
offers of dedication are made to City; and
WHEREAS, the Municipal Code of
improvements and dedications as a condition of approva
building permit; and
WHERBAB , Property Owner has requested that approv
building permit be granted by City in advance of the
improvements are to be made: and
WHEREAS, Property Owner, in consideration of the ap
1
937 said building-Qermit 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 Property Owner for (none required).
Section 2. That Property Owner, in lieu of making the
hereinafter described improvements before approval of said
building permit is granted, agrees to install and construct, or
cause to be installed or constructed, said improvements in
accordance with plans and specifications approved by lthe City
Engineer within sixty (60) days after written demand so!to do by
City. Property Owner shall not be required to m ke 4l said
improvements before November 1, 1992, or within such1 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 intersecting streets on both sides of the street upon
which the property herein described has frontage, have agkeed 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 petitioned
2 Rev. 6/b9/90
h 938 -
the City to rorm 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 seven thousand nine hundred eighty and OO/lOO DOLLARS
($7,980) l 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 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 $7,980 plus any future increases of cost in excess of this sum
resulting from increased engineering and construction costs, and
in the event Property Owner, Property Owner's successors, heirs,
assigns, or transferees fail to install and construct said
improvements in the manner and within the time specified herein,
Property Owner agrees that City may do any or all of the follow-
ing:
(a) Have the necessary engineering for said improve-
ments done, and install and construct said improvements by
contract or otherwise. City or its contractor and contractor's
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 be charged against said property
and payable by said Property Owner, Property Owner's successors,
heirs, assigns ortransferrees immediately upon completion of said
improvements. In the event same is not paid within thirty (30)
3 Rev. 6/19/90
/4 -
days from completion, City may gdP eclose 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 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 transferrees, 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 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
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 hereinafter described is acquired by or as a result
of a foreclosure or trustees' sale of any such purchase money
mortgage or purchase money deed of trust.
Section 5. That at any time during the period herein
provided, the Property Owner, Property Owner's successors, heirs,
assigns or transferees may deposit a cash bond or post a surety
performance bond satisfactory to the City to charge said surety
4 Rev. 6/19/90
- 940 h
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 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 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 that said Property Owner
will at all times up to the completion and acceptance of said work
and improvements by the City, give good and adequate warning to
the traveling public of any dangerous or defective conditions of
5 Rev. 6/19/90
. ’ .
.
> .
n. -
public property. The Property Ow Awl e ereby agrees to pay for such
inspection of improvements as may be required by the City Engineer
of City.
Section 8. This agreement and the covenants contained herein
shall be binding upon and inure to the benefit of the successors,
heirs, assigns and transferees of Property Owner, shall run with
said real property, and create an equitable servitude upon said
real property.
and
///
I//
///
///
///
///
///
I//
///
///
///
///
///
///
///
///
///
Section 9. A description of the property referred to herein
upon which said lien is imposed is described as follows:
Lot 4, Block A of Sunny Slope Tract according to Map No. 995 filed in the office of the San Diego County Recorder June 6, 1906.
6 Rev. 6/19/90
,
-
.
Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
IMPROVEMENTS ESTIMATED COSTS
Engineering L.S. Curb and Gutter 50 L.F. Sidewalk 250 sq. ft. Underground of overhead Utilities 50 L.F.
+15% Contingency TOTAL
$ 500.00 600.00 840.00
5,ooo.oo 6,940.OO 1.040.00 7,980.OO
Executed thiszf& day o
DEVELOPER CITY OF CARLSBAD a municipal corporation of the State of California
By: MARTIN O&&YAK for City Manager
ATTEST: \
City Clerk
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corpo- ration must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City Attorney
By: ' Deputy City At%rney
Rev. 6/19/90
,
3!
B * In
4 p
a 5
3 a
8 a5
t cc - ‘0,
zt
a 0.
-~
I
CqNTRACT FOR FUTURE --\ PUBLIC IMPROVEMENTS - @SAFECO TITLE INSURANCE
STATE OF CALIFORNIA
SAN DIEGO COUNTY OF
On this the 1st
ss.
dav of November 199 0 , before me the undersianed. a
Notary Public in and for said County and State, personally appeared JIM HENKEL --__---___---___-- ++t+tttt+ttttt;tt+
+ff++f++fff++++ff+++ff+++++f+ft++f
+ff+++++++++++++ff+++f++++af++++++ FOR NOTARY SEAL OR STAMP tttttttttt+tttttt++tttttt ---______ -_--__-- __--__- Tperwnallyknown
to me or proved to me on the basis of satisfactory evidence to be the
person- whose name2 subscribed to the within instrument
and acknowledged that executed the same.
$$T~~L’Fo!!liW DIEGO 1 ss
On this - day of e, in the year
1. before me, the undersigned, a Notar Public in
and for said County and State. personally appeared VAi
Mw-*+m+v+*+B+l+B+s+ 1 +rr+rr+ I I I I Clll
nersonallv known IO me (or aroved lo me on the basis of satisfactory
. + + + + + + + whose namk tyfeTe& I”+ b; $e p’r;o;
subscribed to rhe within instrument and
acknowledged that SHE ’ ’ ’ + + + ’ + + executed the
same.
Signature
DELORJZS J. DILLY
Name (Typed or Printed) Notary Public in and for said County and Stale
F2492 R 6/&l FOR NOTARY SEAL OR STAMP
SAN DIEGO COUNTY
-e---------y
OFFICIAL SEAL
DEL0167ESJ.DlLLY
NOTARY FWLIC CALli:O2blIA
FXKWAL CFF!CE IN
SAN D!EGO COUNTY My Commwon E*p. July 23. 1993