HomeMy WebLinkAboutFIA 92-27; Albert, Andrew & Victoria Lee Hopewell; 1992-0617289; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO c;+i Cfed i CITY OF CARLSBAD 1200 Carlsbad Village Dr. j' Carlsbad, CA 92008 !
OFFICIAL RECORDS SAN DIEiiO COUNTY RECORDER'S OfFICE ClNNETTE E’i;N;; ~D~N~~E~E~D~DE~
RF: : 26.
15: 00 1.00
Space above this line for Recor-
)^( ,( dq's wise. ,,CF CARLSBAD
Permit No. ~~ CB 92-0726
Parcel No, 206-192-30 FTA No, 92027
C m FOR FUTII&kPUBLIC IM?%CVEMENTS
,(, NT is ma&i? by Lh& City of Carl&bad, tiifnunicipal
corpora~ioni hereinafter referred to as I'City", and'{k;ndrew S.
Albert tind'Vi@bria Lee Hbpewel 1 Albert, hereinafter &#krred to
as Ilpro@&i*~~~er,R:: 2 _* i -1
s' RECITALS
WHE~,'"~~op~~ty,Ot~ner has applied to Cit$ for a Building
Permit Number CB 92-0726 for the real. property hereinafter
described, now under Property Uwnrtr's ownership: and
WHEREAS, it has been found that said property is not suitable
for development in its present eandition, 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
1 Rev. 11/05/91
2144 -
II building permit be 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 inteFCr~'.:~as.b~l?e~'tu temporarily postpone said
construction;
NOW, THRRI&U$, 1T ES &l&B&& between the parties hereto as
follows:
Sectian 1.. V&at City agree& to record any irrevacable offers
of dedication m&de by Property Owner for an additional five feet
of street easesent along Highland Drive.
j$:,.. Sect ion That Property Owner, .in lieu of r$king the '( :;
hereinafter described improvements before approval' of said
building permit is granted, agrees to install and con$truct, or
cause to he fnstalled or constructed, s&d improvements in
accordance with plans and specificationsapproved by the City
Engineer within sixty (60) days after written demand so to do by
City. Property Owner shall not be required to make said
improvements before SepkBBtber II 1994, 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 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
2 Rev. 11/05/91
2145 -
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 petitioned
the City to form an impr~~~~~~r'aistrict for the improvement of
said streets.
Said improvements tdwil~ b&la&de without eoi8t or expense to
City. city estimates- that the cost of engineering and
constructfan of safd improvement at the tfme of signing this
contract is Ten Thousand Four Hundred Sixty Five and OO/lOO
DOLLARS ($10,445). Property owner hereby acknowledgds khat said
cost is a reasonable est'mate of engineering and con@ruction
\ costs at this time and tha the actual cost of same a't: 'kome time
in the 3?utkars may exca$td t
Section 3. That for t I
is estimate.
e faithful performance of the promises
and covenants herein contained, Property Uwner hereby grants to
City a lien upckn the her&&ter described property in the amount
of $10,465 plus any future increases of cost in excess of this sum
resulting from increased engiriasrfng 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
3 Rev. 11/05/91
, .: 2146 -
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 ~~~~~,~~~~~~~ not paid within thirty (30)
days from completion, ,City'may,-foreclose said lien as provided by
law for the PoreClosure of mort:lz,fagos.
(b) Direct thk cf'ty Engineer to estimate the cost of
necessary engineering, and ,th& work required to install and
construct said improvements, and foreclose said lien in said
amount.‘ ,( ., ,y 3: _ (c) Pursue any remedy, legal or equitable $$ncluding i
those speci$%M.ly referred to herein), for the for&cX&ure of a
lien, an& the Property Owner, Property Owner's successors, heirs,
assigns and transferrees, shall be liable for reasonable /I 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
4 Rev. ll/O5/91
1’ 2147 -
9
. 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,
: ~,,,‘; '( 1,. i assigns or transferees ~~~'~~~~~~t 'a cash bond or post a surety
performance bond satiafactory'to the City to charge said surety
with the cost of'Gaid irn~~~~~rn~~t~~ the amount of bond to be the
estimated cost of engineering and improvements at the time of such
deposit or posting &s ascertain& by the City Engineer, and that
upon deposlit ‘of said cash or posting of said bond the City agrees
to release the property, or any portion of it as ta $i.ch said
deposit or posting applies, from the provisions of this k$reement, ., :
and to execUt@ any necessary release to enable the recur& title of
the propeEty'ta be released from the lien herein imposed.
Section 6. Said City shall not, nor &all any officer or
employee thereof, be liable or responsible for any accident, loss
or damage happening or accurring 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 1iabl.e 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,
5 Rev. 11/05/91
. . I
.
*- -
2148
,
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 ~~~-..~~~~~~~on and acceptance of said work
and improvements by the'C%ty, give good and adequate warning to
the traveling public of any'dangerous or defective conditions of
public property. The Property O&nor hereby agrees to pay for such
inspection of improvements as may be required by the City Engineer
of City,. :,"
se&ion &ti This agreement and the covenants ccntai&d herein
shall be b$ndimg upon and inure to the benefit af the successors,
heirs, assigns and transferees of Property Owner, sh@ilrun with
I said real property, and create an equitable servituda 'upon said
real property,
Section2. A demxiption of the pru$mFty referred to herein
and upon which said lienis impalsed is Q d scribed as follows:
PARCEL 2 OF PARCEL MAP NO, 12553 FILED IN THE OFFICE OF THE SAN DIEGO ~~~~~~ AUGUST 4, 1981.
///
///
///
///
///
///
///
6 Rev. 11/05/91
L
1 .
Section 10. The required improvements to be constructed and
I the estimated costs thereof are as follows:
IMPROVEMENTS ESTIMATED COSTS
Engineering L.S. $ 2,ooo.oo Curb & Gutter 107 L.F. 1,600.OO Sidewalk 525 sq. ft. 2,100.00 Base and A.C. Paving 856 sq. ft. 2,600.OO Portion of Street Light 800.00 $ 9,100.00 +15% Contingenoy . . . 1.365.00 $10,465.00
Executed by Property Owner this \e
19q3 day of lLau*~ , . . PROPERTY OWHER CITY OF CARLSBAD a municipal corporation of the State of California
, A re &L A&b-t (gdyihc' si&me b&e)
-
-‘ s 6 ATTEST: '..
Victoria Lee Nonewell Albert (print name here) City Clerk
(title and organization of sfgnatary)
(Proper notarial acknowledg&nt of execution by PROPERTY OWNER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the 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: RONALD R. BALL City Attorney
By: Deputy City At"torney
7 Rev. 11/05/91
GENERAL ACKNOWLEDGMENT CAL- 23
State of California
\ ss.
On this the-.!?!!%ay of
: August 19% before me, i
ROBBIN LYNN HANES
the undersigned Notary Public, personally appeared
. : ' : : . 1 : ’ . : County of SAN DIEGO I
-AAM- bin Lynn l-ianzg
Comm. 11954100
ANDREW S. ALBERT and VICTORIA LEE HOPEWELL!
s personally known to me
Cl proved to me on the basis of satisfactory evidence
ALBERT 3 : . : I
to be the person(s) whose name(s) are subscribed to the :
within instrument, and acknowledged that they executed it. : :
WITNESS my hand and official seal. -I : .
Notary’s Signature ’