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Home My WebLink AboutFIA 91-17; Jones Building Inc; 1991-0530656; Future Improvement Agreement/Release. L * -. . . “\ r\. c / \ \ o\ RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO ; CITY OF CARLSBAD 1200 Elm Avenue ; Carlsbad, CA 92008 1 .Ppr-; -‘.x3. ;,,r,-;qn-z z-.r- ,.c--.; ., _ :. -> i i. i. ::q ;;p<; ;J;:‘y’i ;:;yyyi-ii’+~ y-i a * -., --.A-.qp;-’ $<i.y-TT :;jy$ L cc-;. , i ~~~~,~RLL~, “.,..& ‘L 6% .,i 8: ‘- _ : j ,-y LJ --r”;p” ,. .r ;L .- 1-1,; i 1 i- ! ri’ : - .r .- ;i 3:. .-. .-. I Space above this "'line for Recor-L derls use. CITY OF CARLSBAD Permit No. MS 775 d L .mtree1 Mo. 206-192-06 mmcT FOR 3?Timmi PUBLIC lLBm%u~S !rHISAW is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as ClCityS, and Jones . %k Building, Inc., RayW. imm, Jr., and Daran W. Grimm, hereinafter referred to a@ FlProperty Owner." 6L : ,.',.,i;?,9$ REcmALs 0 _ i( i si I Property Owner has applied to City for Minor Subdivision MS 775 for the real property hereinafter described, now under Property Owner's ownership; and WHEREAS, it has been found that said property is not suitable for development in its present condition, ho#ever said property would be suitable for development if certain public improvements hereinafter described are cans+%ucted and certain irrevocable offers of dedication are made to City; and ==, the Municipal Code of City (and Conditions of Approval attached hereto and incorporated by reference herein) requires certain improvements and dedications as a condition of approval of this MS 775; and -1 Property Owner has requested said MS 775 be granted by City in advance of the time said improvements are to be made: 1 Rev. g/20/90 - and WHEREAS, Property Owner, in consideration of the approval of said MS 775 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, !LTIEREFORE, IT IS AGREED between the parties hereto as follows: Section 1, Thai: City aQret@s to record any irrevocable offers of dedication made by Prq@etiy Owner for MS 775. Section 2* That Property Owner, in lieu of making the hereinafter described improvements before approval of said MS 775 is granted, agrees to install and construct, or cause to be installed or constructed, said improvements in accordance with plans and specifications approved by the City Engine&r within sixty (6b)'Bkys after written demand so to do by City. Property Owner shall not be required to make said improvements before October 1, 1992, 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 reguired.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 agreed with City to install street improvements to City specifications. (b) When owners of more than 50% of the frontage, 2 Rev. g/20/90 between intersecting streets on both sides of the street upon which the property herein described has frontage, have petitioned 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 15,000 and OO/lOO DC%URS ($15,000). 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. secition ~3 * That for the faithful perf&rmance of the promises and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $15,000 plus any future increases of cost in e~ceos~ of this sum resulting from increased engineering and construction costs, and in the event Property Owner, Property Owner's successors, heirs, assigns, or transfersas 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, 3 Rev. g/20/90 , .’ ., heirs, assign, ortransferrees immediately upon completion of said improvements. In the event same is not paid within thirty (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 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 eq#uitable (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. S&c&ion 4. That it is agreed that anything hereincontained to the contrary notwithstanding, the promises and coven&nts made herein shall not be binding upon the holders, mortgagees, or beneficiaries af any purchase money mortgage or purchase money deed of trust fur 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, 4 Rev. g/20/90 ’ - - UK31 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 property to be relea&d 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 s&me, nor shall said City, nor any officer or'employee thereof, Yale Uable 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 5 Rev. g/20/90 - - 1492 and improvements by the City, give good and adequate warning to the traveling public of any dangerous or defective conditions of public property. The Property Owner hereby 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, Section 9. A description oral the property referred to herein and upon which said lien is imposed is described as follows: THAT PORTION OF LOT 15 IN BLOCI? "E" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP NO. 2151, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 7, 1929, NHICH COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 7, 1929, NHICH LIES SOUTHERLY OF A LINE THAT BEARS NORTH 86"07' NEST FROM A POINT ON THE EASTERLY LINE OF SAID LOT 15 THAT IS DISTANT THEREALONG SOUTH 3"55' NEST 27.14 FEET FROM THE NORTHNESTERLY CORNER OF LOT 16 IN SAID BLOCK "En OF BELLA VISTA. Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: 6 Rev. g/20/90 . - 6 ,-7 * ‘f I * _ . b IM 3VEMENTS 1493 Curb 61 Gutter, Concrete, Type B2 Berm, AC (G-5) Rough Grading, Street 15 cy Paving AC 161.66 ft Sidewalk 808.3 sq. ft. +15% Contingency Round Up Say ESTIMATED COSTS 2,036.92 390.00 945.00 540.00 2.349.00 12,912.92 1.936.92 14,849.84 15,ooo.oo Executed by Property Owner this p5@ day of 1941 . PROPERTY OWNER CITY OF CARLSBAD a Municipal corporation of the State of California Daran W, Gr (print name hZ$) (title and organization of signatory) (Proper notarial acknowle?!gem&nt df execution by PROPERTY OWNER must be attached) (President or vice-president and secretary or assistant secret;2 must sign for corporations. If only one officer signs, corporation 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: k"B-- p-ti& Deputy City Attorney Rev. g/20/90 . , 1494 State of California County of San Diego On this 25th day of September, 1991, before me personally came Thomas E. Jones, to me known, who, being by me duly sworn, did depose and say that he resides at 1810 Oak Avenue, Carlsbad, California 92008, that he is the President and Secretary of Jones Building, Inc., the corporation which executed the foregoing instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it is so affixed by order of the Board of Directors of the said corporation, and that he signed his name to the said instrument by like order. Notary Public 9- ad -93 Commission Expires MNV------- OFFICIAL SEAL PAMELA BLAIR IQTARY FUlLIC - CALIFORNIA tXF#4eE COUNlY My WWC - CALIFORNIA MY comm. expiras txP 20 ss. County of f 8 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. WITN-d and official seal. /) ’ , ATTENTION NOTARY: Although the information requested below is 0 THIS CERTIFICATE MUST BE ATACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Docum 1019 NATIONAL NOTARY HOCIATON * 8235 Remmet Ave. a P.0 Box 7184 - Cancga Park 1.24 91304-7164 l . .mii \ . * , . I . . . 9 .-, ENERAL ACKNOWLEDGMENT ox PAMMA BLAIR NOTARY C’IIELIC - CALIFORNIA OWVGE WINW My c+imm. expires EP 20, 1993 -‘- )6 personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. l Now Signature AlTENTlON NOTARY: Although the information requested below is OPTfi THIS CERTlflCATE MUST BE ATACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Dot :ume 7-e Number of Pages 7 -~,.- -.,;~-. Signer(s) Other Than Named )019 NATIONAL NOTARY %i&CIATiON .8233 Remmet Ave.. P.0. Box 7194. Canoga Park. CA 91304-7164