The URL can be used to link to this page

Home My WebLink AboutFIA 97-16; Mishler, Bradley D. and Jeannine C.; 1997-0658317; Future Improvement Agreement/Release- -- ..- _ ._ -,- 1- - I . +.- 1 ..a-. *u c* ._ RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 THIS DOC ‘;; 1997~OEM317 I)EC 24, 1937 4:13 F-WI OFFICIdL litmDs 214 SIN DIEGO COUNTY f&CoKDW’S OFFICE EREGORY J. SMITH, COUNTY RECORDER FEES: 25.00 Space above this line for Recorder’s use. FIA No. is:.@ :g T is made, by thgqity ofxCarlsb $I r I corporation, “-: .‘ ., _ referred to as ” B 97-3191 for the real property herein WHEREAS, it has b table for development in its present condition, however said property would be suitable for development if certain public improvements hereinafter described are constructed and certain irrevocable offers of dedication are made to City; and WHEREAS, the Municipal Code of City requires certain improvements and dedications as a condition of approval of this building permit; and WHEREAS, Property Owner has requested that approval of said building permit be granted by City in advance of the time said improvements are to be made; and WHEREAS, Property Owner, in consideration of the approval of said building permit desires to enter into this agreement securing the construction of said improvements, and City MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 1 REV. 02lW97 I .A c-4 215 has determined it to be in the public interest to agree to temporarily postpone said construction; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1. That City agrees to record any irrevocable offers of dedication made by Property Owner for said building permit. Section 2. That Property Owner, in lieu of making the hereinafter described improvements before approval or cause to be install&$ to install and construct, rdance with plans and not be required to make said including the front street upon which the 1 “j T r’, ,* ;;> :: ;, ; ,, ; 1‘: net-, between inters both sides of the street improvements to City (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 nine hundred thirty three and OO/lOO DOLLARS ($9,933.00). 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. I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 2 REV. 02/04/97 216 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 $9,933.00 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 a i,n, Property Owner agrees that construct said i contract or otherwise. City o ne, and install and nd contractor’s e event same law for the foreclo the work required to instal ssary engineering, 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 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, MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 3 REV. 02/04/97 217 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 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. MASTERS\FORMS\CONTRACT FUT-PUB-IMWMNTS 4 REV. 02/04/97 - h / - 218 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 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 of the property referred to herein and upon which said lien is imposed is described as follows: The required improvements to be constructed and the estimated costs thereof are as follows: That portion of Lot 3 of Carlsbad Highlands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2647, filed in the office of the County Reorder of San Diego County, on April 18, 1950. Section IQ. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill II MASTERSiFORMSlCONTRACT FUT-PUEIMPVMNTS REV. 02/04/97 - 219 - IMPROVEMENTS FRONTING 3915 ALDER AVENUE IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS Engineering Lump Sum Curb & Gutter 74 LF Sidewalk 370 SF 6” Aggregate 1,480 SF Base + 4” A.C. Paving Executed by Property Owner this 2,000 $2,000.00 15.00 LF $1,110.00 4.00 SF $1,480.00 3.00 SF $4,440.00 Subtotal $9,030.00 10% Contingency $ 903.00 TOTAL $9,933.00 2 c=- day of d&, 193 PROPERTY OWNER Bradley D. Mishler and Jeannine C. Mishler, husband and wife as joint tenants CITY OF CARLSBAD a municipal corporation of the State of (sign here) Bradley D. Mishler (print name yre) Jea/rnine/C. Mishler (priMme here) Owner (title and organization of signatory) (Proper notarial acknowledgment 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 MASTERSlFORMSiCONTRACT FUT-PUB-IMWMNTS 6 REV. 02/04/97 - State of California 220 h County of San Diego On 1 I-254 c! \rl\i&b before me, G* @be personally appeared Bmid Ia ami% C. wl’khkf f personally known to me fl uf-s&Mactory evkIenc@ to be the perso@ whose name@ eubscribed to the within instrument and acknowledged to me that b&&e@executed the same in authorized capacity@, and that by eignatur@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 (SEAL) jQ&&w (Signature) MASTERS\FORMS\CONTFtACT FUT-PUS-IMPWNTS RN. 02lO4197