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Home My WebLink AboutFIA 98-04; Bumette, Gino A.; 1998-0279984; Future Improvement Agreement/Release. RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 98-6 DOE $7 1998-0279984 MAY 139 1938 8: 54 API OFFICIAL RECORDS 1176 SAN DIEGO CtlUiW RECORDER’S OFFICE GIEGORY ~tMH, U$T;RECORDER . . . IIWYIR#IKIR#I#YIIWIIsllAlAlRiAllllllll 1998-0279984 pye this line for Recorder’s use. THIS real property hereinafter WHEREAS, it has been I corporation, referred to as 980571 for the t 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; and WHEREAS, Property Owner has requested that approval of said Building Permit be MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS REV. Q/24/97 I& 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 AGREED between the parties hereto as follows: 3 I .: I, Section 1. That City agreeSIl~~~~~~~~~~~~~~~~~‘iii”evocable offers of dedication ma& by ,E:: ,: “‘ Proper@ Owner for CB g@$&$;i~ ‘:i’, ” :‘I’ ‘:‘(’ “,” !!, ; : ’ : ’ _( ~I t(:; :)a: ,i ,;j : ,_ Section 2. j ;+ ,‘ ,‘ :‘, /r,j __ ‘I ,Thz$ Ptiopertj,, Owner, in lieu ‘i&“:~m&n$: -the hereinafter described ‘((, “ : ,~ ‘: improvements befoke ap$&aiof said building permit is granted,‘:&jrees &&&all and construct, ” !(:;!(t or cause to be’ iristalted’$Y constructed, said improvements in a‘ccotddh&‘~‘with plans and (I!( ,(Z‘ 1 (, j ,,L specifications approved by the City Engineer within sixty (60) days after w&err!‘~demand to do 1j.i Lo, ~ so by City. Pi’bperty C#&-ter shall not be required to make said’lilmpr~vem~~t~‘~~~efore May 1, 2 i ,‘; :I$_ 2000, or within such further period of time as is granted by‘&t$,l provibed’fihow&er, that upon : ,‘,:,) 11, :‘ the happening of eFthe?“of the following occurrences said improve&&ts’~~&ty, at the sole 2’ -,:, I, :,,g : ,,“‘:‘):.‘(, election of City, be’required’to be made sooner than said date_orsuch’ extended period of time I,, ;: : _‘ ,,: which may have been:g~~~t~“6)~‘~~~: ‘_ “ ::(~,_: 5%~‘~ j (a) When the’~City %$@I finds that the’bwners of 40‘% or more of the frontage, 1, ! :, ,( 08, ,: 0 / including the frontage of Prope~i.‘.‘&&&, -ijii;;tweea”l:iiit~~~~~~ing 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 eleven thousand six hundred five and 001100 DOLLARS ($11,605). Property owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction costs at I MASTERS\FORMS\CONTFtACT FUT-PUB-IMPWANTS 2 REV. 12l24197 h . * 1178 . 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 $11,605 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 I(rjl ,&:#; p;::-,:: ii‘:, L >, Owner’s successors, heirs, assigns,;;,& tt%h@erees ‘fail to install and construct said 1,‘ ’ $1 1 ;- ‘- improvements in the mann&%nd with\h!ithe~timk specifkd tiereth, Property Owner agrees that 3,) ‘L”‘,, ,‘I’ ,‘_ City may do any or all ~~~~~~~~~IoW~ti~~ FE 1:: ! ” 1 11 z,!_ ~~;g I,‘$:# ,‘;~~i!$, d,, ,‘ (; Ijip_ ‘:,I jiI,,, 1”:) 12“ ,, !I: : (aj @favethe’ ; t 191 ?“i3’~~$&~ssary engineering for said imp@$~e@&&e, and install and :i!j’. z3, 3 3.2 3. .’ ,, : O( :’ : 0 ’ construct said improve&-n&& by contract or otherwise. 3j‘ :, City or it&&-&a&&&d contractor’s j’ ‘, 3: 3:s:: ((/, employees may ‘enter upon any portion or ‘p&Ions of the ,property ‘reasonably necessary for :- ‘d”i (: L I ijj iiijtj;~:: said engineering and, cX$struction, and the entire cost and exp@ise Shalt ~bW&arged against ,‘) ‘, ‘) 8, ;:;_ “,, ‘i$i:::$: 1.:; s ;-;: :,v) .:* :y said property ‘and spayable by said Property Owner, Pr&erty ‘I‘ Okner%“‘su$essors, heirs, : ‘iii:; ‘. assigns or transferees immediately upon completion of s&d lmprovemen~~’ E,f‘ni the event same 1;) %. is not paid within th$ty(&)?iays from completion, City may foreclose said:Ikn as provided by %$ ! ,j,j:i “ law for the foreclosure of m&gages1 j ‘4$~.s ,,( 3 ~,~E’( 2 ,” ,.I, iJL (b) Direct~ik~~City’~En~jheer ~~~‘&j~a~~‘t~~ &g~cq$~~&cessary engineering, and ::,_, ! iij ‘,‘ ,~: jj’ .::, 1:1 , i( the work required to install and consti~~~~~i~i:im~~~~~m~n~~, 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, I MASTERS\FORM.S\CONTRACT FUT-PUEIMPVMNTS 3 REV. 12/24/97 . .m 1179 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 pur ::p; &&I” :i’i’&,, :’ j _, ~:“““‘&+ Section 5. That atany time duting the peciod herein pro?rded, the Property Owner, ,*:<- -‘ >*.:ti$,~ ? Property Owner’s suct!!essor.$heir!$ assigns or transfere’~s“may’beposif.aicash bond or post a .m.;d li, ! ;: i” ;s:/ ?t, surety performance bond satisfactory to the City to charge saidsurety with the cost of said ‘. I improvements; the amount of bond tqzbbetthe.,>estimateda*gst of .engine@i& anb improvements ( -i+,b ‘_ L :: (*~ ::: g*$:( .-li i ;. -. .,.a ,&-*” -;- 0” f >(rL ; at the time of’suchl deposit or ~~ting’~~~,~~aScertaini~ by+-fhe Cjfy’ Engineer, bnd that upon ‘k ‘. #fli’ deposit of said cash -or posting of s&&bond ,theCity%greesztz,to’ release!& property, or any f, -fr :. ,: po,-(ion of it as to &hi&, s&,~;$osit &e~pos&,~ ap,jlies, &&, the &o;isid~s of ihis agreement, :“;~$$qi3;i* ,f: :j ,!;; -‘:‘~~.;_“,.> __(_ ,i ‘$i” y: .: and to execute any necessdry releaseto enable-therecord’title ofz:‘the property to be released ‘*. :. ; from the lien herein imposed. ““, “L( “ >.: ,: :‘;‘- l ::’ ;‘,” :,$,: :,, :‘; ,:” ,-i: ,r*::%, .+% ; ^ &q* : ‘9 Ct “I. d”y _ ,-“P: <( hg. Section 6. SaidCity%%all ~~~Ttor.;?shali~any,.iofficer’ or empk$ee thereof, be liable or ._( j - .’ :’ ,:’ ‘,‘ responsible for any accident,,,,,&8 or damage hdpp&n&g~,,!or occurring to the work or : L . . d! . . “i i~;ilprrj; ,+-;2-. : :;y~ improvements specified in this agreem~nf”i,rio~to~e~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. 1 MASTERSlFORhMCONTRACT FUT-PUB-IMPVMNTS 4 REV. 12124iS7 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. :/’ p;/~g~@~ g, L i:j !‘<,I’ ix @‘$ ,&y*j 1, i Section 8. This agreement‘ and.%&‘cN&hatrfs~ c&tained herein shall be binding upon &I&$ 3‘ and inure to the benefit of the succe&&Ws, heir&, assi&s and transferees of Property Owner, _( ,I : (:(,a shall run with said reaf@5pe&, &-ad create fan equitable’&&v&.rde upon said real property. .i ;, j:$. ;:; ,‘ Section 9. ‘2%‘d&d~~ion of &he property referred to her&n and-u@n which said lien is :_, I, .’ : @ ‘(.:. L j’ .!: imposed is descfl”i~d,,as-follows: All that portion of Tract 110 of Carisbad’ian&, in the City of ,,( : j r*.:j : :: /*pi2jg ,’ Carlsbad, County of San Diego, State of’California, according to Map thereof &Jo‘. j I .I 1661, filed in : ::,ia: the Office of the Coun$‘Recorder of San Die@County, March-?, 1915, fk.dly“‘$$ forth on the , “ ‘3 :g,, ‘, L/ attached “EXHIBIT ‘bp, which, by this reference hereto, is~incorporated,Ih~~~in $nd made a part ,?$):: ,p, ,, I‘ hereof. ::,,‘, : ) ,j: I i fIL ,f: ! ) : C’~ “ a -’ ():‘( ,I~ ~~( “ 2 I,;,: :;:i:’ ,’ +:*,-,:: ‘s ( ‘,[‘r;( _,- ; j,j:,;y{-;+:‘l: ; i :,i 3 i;j:i.,f:: i ‘_S(((C Lo ‘:I$ i ,::j_i)i 1 /: L section ,o; ~+~#‘:@$~~red improvements to be constr~b~~.l~~~~~l~~~ estimated costs :: (,(_, (_hl,: * )‘,, thereof are as follows$; i I:$ ‘~I ii! ’ “?“:l’l ,:a -, ., , I- : ,, ,-:t y ‘, , 3,: ,,,1ij‘ “ I -,- ,I ill ‘i j: ill Ill Ill Ill Ill Ill MASTERS\FORMS\CONTFtACT FUT-PUB-IMPVMNTS 5 REV. 12/24/97 IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS Engineering Lump Sum Curb & Gutter 90 LF Sidewalk 450 SF 2,000 $2,000.00 15.00 LF $1,350.00 4.00 SF $1.800.00 0 n 6” Aggregate 1,800 SF 3.00 SF $5;400.00 Base + 4” A.C. Paving L ‘. ‘ Subtop $10,550.01 $1,055.Oc, “ i;‘i”,,,,,‘I~~~;:~~n~~ngencyy ,o s _’ )’ ,Z’_ :!: (ij_slj : i:: TOTAL $11,605.00 i ‘;:, jI ,&‘ ‘3 Executed by Prg@~~iL~~&ep~/$~ J$$@$& ‘+ “ ” :_j!’ i 1 dayof& ,19g 3 ,‘:;o ,,ROPERTr’ O,,,,,,,l& ,“:-‘;lt;jl; :i ’ GINO A. BURf#$‘TE .‘+gi! (print name here$Zji’Z * ,,,$, : I ,,I, _’ Owner ‘.+,:I “’ >II : !,i,ii:jli.j,i., 3 (, ‘1 _: ,pia /j ,,‘$ : ‘i ,, ,, ,,_:::j: :j: ((: : ii_,“ ,, J$ ,)‘, ,, ),, ;:j , :$)!:‘ !,( ,: ‘i (Proper notarial acknowledgment of execution by PROPERTY OWNER must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL City Attorney I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 REV. 12/24/97 I State of California County of San Diego e me, 72Af MbL.Id14 personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persow whose namew i&t& subscribed to the within instrument and acknowledged to me that~hem executed the same in his/be@tMt ,: authorized capacity.@& and that,~~‘:~~~~~~g~~~~~~on the instrument the person&$ or entity upon behalf of which the pe‘r&&@acted, executed the&#ument. :::, 1 ,:: * ” ::y;: 1: 1 (SEAL) ’ ii,-” “’ ,Li _’ (I;: ,t:, :., __,( ‘I MASTERS\FORMSlCONTRACT FUT-PUB-IMPVMNTS REV. 12l24197