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Home My WebLink AboutFIA 98-05; Akin, William & Cathy; 1998-0469270; Future Improvement Agreement/ReleaseA RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carisbad Village Dr. Carlsbad, CA. 92008 1164 DOE H 199H-0469270 JUL 28, 1998 X:35 PM rnICIEY ImRDS SAN DIEGO CCIUNTY f?EMRlER’S DFFICE CREGm $lITH~ (aN&REmDER : . Space above this line for Recorder’s use. CITY OF CARLSBAD CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS Permit No. CB 981442 Parcel No. 21 O-l 14-25 FIA No. FIA 98-5 THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and William J. Akin and Cathy B. Akin, husband and wife, hereinafter referred to as “Property Owner.” RECITALS WHEREAS, Property Owner has applied to City for a Permit Number CB 981442 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, 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. ‘““‘2 @ ,- 1165 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: ‘& .:‘:‘$$..~ I~ L Section 1. That City agre~~~l~~~~~~~~~ ” ble offers of dedication made by I s .,,- : :, / -,,+ :[‘(_,a : r.,;,]lf,] i I 1 Property Owner for CB gN$/#@&~,~ ;,- 1 /$I / CO.,@,. 3 ;:i:jyjj, ,:i:,: L “ 4iii $;ji’ ‘,,, $1 i;, 3 ,::~,), : . L :>: ! /.i i,/:jgt’ $i!,“$!‘l!~ 1,: I,, , ‘! :_i::;lj& j$l@jj j ; II .j (( [ ‘Lg.{ I.‘ : : LLI~ jj *~‘,i *,a 1, : :d I~@ ‘:: b;ii la. .,., 1 i ‘. :-, ;:I~ ; . L ;.:‘j:,i’-llr .) ::,i Section 2. . +;::ji!:j !vgy :q$ , 3,::mt3 ‘@!~~p&~~‘$!&n&, in lieu‘ ‘ML/ !~~klaijl~T”i~l~~~~reinafter described ,‘/j! .‘$ y;.; 2-i 3-i !.]y+,; 1 : ’ :I’ q.i_: : 353 :.f:+“’ ,l_ improvements bef&! ‘ap#ii!&$l$$said building permit is granted,~~greeste:i&tall and construct, j .‘.: ‘, ‘!ii:: s (, x. ‘Lo;% or cause to be#fistatted;j$ constructed, said jmprovements in, ‘&&#dan,@#with plans and ,( _, -( ;_’ : : “ c :(s; i ,& .i ; : / c i : : 1 !.:‘& ‘ I # ,< specifications &proved~$!ry the City Engineer ~wi$n‘sixty (60) days afier~ wr~$!!demand to do I2 ., ‘,I$ i (3 :I:;:* :q,i.i $ 1 :,y{# so by City. P&petty &@ner shall not be required to~,make~~s,ai~~~~p~~*~~~~~~efore July 1, I:,; p:,g “ i‘li;- <ii] 3 ,&P :::: : ~&g:. : 1 P“&l ,~ I :;,& 2000, or withi~~&&,‘fu&~r peri& &,f&e as is gr~nt&&#$$@ pro@&@ ;H$ver, that upon L:,jl. ,sit 3 2: I ‘..:- ’ &:y$ 4, ,;‘a,’ “fji,r *-:s ,<%:~‘I Illii.il ;il:i’j; r&‘:,! ix:: the happening ‘of $$he$~o$, the fo&Mng. occurrences “said ‘impr&~@t&$&’ may, at the sole ip:::j$: : i;/_/l! i [,:‘:$i.::‘~~:, I :_, yp$jy& : election of city, e “,,::,i::;riilili~:lirili ‘p S&$ +&~~;, z ;‘ made sooner than said date ah%W3h~i~bded period of time ‘;!,rji:i:a q& I:,‘: _j 1’:.:; : B1 I : i ;, ,$<,Q!? LI( ‘i, which may have bee~~g$p~~~~~~y C#i@@;.;ii.i.: r .: L i i : L i ,:i, ..,: _ ,:: ,i,l~i:~~+~;~~,~~t $i $ji. &~~;~i&i:‘! 1~’ “::, i$p,!! : ,‘:I ‘: _::j ,I I@ qA#~ I L L L :s LIy :-:, . . . . :;::, ! (a) When ‘&@Q;&&/&l $ii<‘&Ft th& ‘&,$~Ti,&f##, or more of the frontage, ,) .-‘l ,- z ;:p including the frontage of Prop&@@ $j;id,j, ‘i : i,>. ,‘:%i ,.,, ; :‘: L_ : 2F ~~~~~~l~~~~~~~~ting 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 eight thousand twenty eight and OO/lOO DOLLARS ($8,228). Property owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction costs at 1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 2 REV. 12/24/97 1166 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 $8,228 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 e, and install and the work required to install and 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 h4ASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 3 REV. W24lB7 C .* 1167 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 the Property Owner, surety performan 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 MASTERS\FORMS\CONTRACT FUT-PUS-IMPVMNTS RN. 12l24’97 . . 1168 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 agreeme iS%ined herein shall be binding upon and inure to the benefit of@$$~‘qu r&&erees (:iL: of Property Owner, shall run with said req@ -, ). ‘, , i :,x3 i.- :,:“:“:,i ;: () .i,.:, ;ic 3 z-1 i” ;,.‘,:‘::i:..,Iji~II:,, -i Section 9. :#4 ~~~~~~~ of the property referred to ,/,i~ ,.i ..,‘ ., b ;,j_i j / 1 imposed is des ‘2 R&&@!b= 2% ::‘i ,:.,i Ji [fj‘ ,,,: i,::-:,:-l‘h , “‘al’;::l’;;p (, ,‘ County of San6$iego, Sbte of Califo,rnia,’ accorUing-to Mapcthereof thereof are as MASTERS\FORMS\CONTRACT FUT-PUBIMPVMNTS REV. 12124197 h - ./ ..* . 1169 IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS Engineering Lump Sum 2,000 $2,000.00 Sidewalk 345 SF 4.00 SF $1,340.00 6” Aggregate 1,380 SF 3.00 SF $4,140.00 Base + 4” A.C. Paving Subtotal $7,480.00 M,yQ3 ‘%Ul llll lycl 1L.y LOp4s : ~~ gy: ii: :, : ;~x “ $e,jl; CjjG. ‘Ii* ,-:, ‘:(i ‘~ FI:-’ ^ ““” : :jr,~ $ .748.00 !§8,228.00 day of&q , 19@. municipal rnia Executed by prop PROPERTY 0 William J. Akin a Owner (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 By: m-t-&ity Attorney” 1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 REV. 12l24l97 State of California I County of San Diego \ w proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) istcare subscribed to the within instrument cknowledged to m&b&&&&e/they executed the same in h+sfher/their j( ~‘~*~~,, .~ -1 authorized capaci and that by hi&her/their signatur&$erQhe instrument the person(s), ~* or entity upon behalf of wh&r@the person(skacted, executed the &-&%ment. / % L1 I p*’ / e*“= -0 *OF* %i, WITNESS my h hk ian,d&nd ‘ofi?cial&eaI (SEAL) MY’CQMM, EXP, MAY 12,2OfJ1 OFFICJAL SEAL NOlARY PUBLIC-CALIFORNIA I MASTERS\FORMS\CfMTRAr.T REV. 12R4197