HomeMy WebLinkAboutNCP 2022-0002; Francisco, D, Fellipe and De Freitas, C. Patiane; 2023-0182651; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC# 2023-0182651
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Jul 13, 2023 10:13 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $110.00 (SB2 Atkins: $75.00)
PCOR: N/A
PAGES: 8
Space above this line for Recorder's use.
CITY OF CARLSBAD
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
Project Name: De Freitas Residence
Project ID: NCP 2022-0002
Assessors Parcel No.: 206-192-01-00 -----------FI A No. EAGREE2023-0024
THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter
referred to as "City", and Fellipe D. Francisco and Patiane C. De Freitas trustees of the De Freitas
Francisco Family Trust dated May 11 , 2021 , hereinafter referred to as "Property Owners."
RECITALS
WHEREAS, Property Owner has applied to City for a Permit No. GR2022-0048 for the real
property hereinafter described as (see attached Exhibit "A"), 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
WHEREAS, Chapter 18.40 of the Municipal Code of City requires certain improvements as a
condition of approval of De Freitas Residence , NCP2022-0002; and
WHEREAS, Property Owner has requested that approval of said De Freitas Residence,
NCP2022-0002 be granted by City in advance of th e time said improvements are to be made; and
WHEREAS, Property Owner, in consideration of the approval of said De Freitas Residence,
NCP2022-0002 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:
Section 1. That Property Owner, in lieu of making the hereinafter described improvements
before approval of said building permit 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
Engineer within sixty (60) days after written demand to do so by City. Property Owner shall not be
required to make said improvements before City grading and drainage improvements have been
constructed to facilitate the construction of curb, gutter, sidewalk and pavement.
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 forty-five
thousand eight hundred forty-seven dollars and fifty-five cents ($45,847.55). 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.
Section 2. 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
$45,847.55 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 and within the time specified
herein, Property Owner agrees that City may do any or all of the following:
(a) Have the necessary engineering for said improvements 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, heirs, assigns or transferees 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 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 3. 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 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 4. 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 5. 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.
Section 6. 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 7. 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 8. A description of the property referred to herein and upon which said lien is imposed
is described as follows: Lot 20 in Block E of Bellavista, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 2152, filed in the office of the County Recorder of San
Diego County, March 7, 1929.
Section 9. The required improvements to be constructed and the estimated costs thereof are
as follows:
IMPROVEMENTS
Engineering
6" Curb & Gutter
Sidewalk
6" Aggregate
Base+ 4" A.C. Paving
Re-locate Utilities
Saw Cut Pavement
Concrete Driveway
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
QUANTITY
Lump Sum
310 LF
1,860 SF
2,170 SF
1 LS
1 LS
250 SF
UNIT COST ESTIMATED COSTS
3,000 $3,000.00
22.00 LF $6,820.00
8.00 SF $1 4,880.00
4.00 SF $8 ,680.00
$2,000.00
$1 ,600.00
11 .55 SF $2,887.50
Subtotal $39,867.50
15% Contingency $5,980.05
TOTAL $45,847.55
Executed by Property Owner this d :l K day of r V /l..i._ -~-----u , 20 =2J
PROPERTY OWNER: CITY OF CARLSBAD a municipal
Fellipe D. Francisco and Patiane C. De
Freitas trustees of the De Freitas Francisco
Family Trust dated May 11 , 2021
corporation of the State of California
By ~~----~OTTCHADWICK ~ here) City Manager
Fellipe D. Francisco
(print name here)
Trustee of the De Freitas Francisco Family
Trust dated May 11 , 2021
(title and organization of signatory)
By: q~--------/{signere)
Patiane C. De Freitas
(print name here)
Trustee of the De Freitas Francisco Family
Trust dated May 11 , 2021
(title and organization of signatory)
By:
(Proper notarial acknowledgment of execution by PROPERTY OWNER must be attached)
(Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Ch ief
Financial Officer, or any assistant treasurer must sign for corporations. If on ly 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:
CINDIE MCMAHON
City Attorney
By: _____:){2L{_::......;__ __ ___:::::;__n_---41-h __
RONKEMP ~
Senior Assistant City Attorney
EXHIBIT 'A'
Lot 20 in Block E of Bellavista, in the City of Carlsbad, County of San Diego, State of California, according
to Map thereof No. 2152, filed in the office of the County Recorder of San Diego County, March 7, 1929.
APN : 206-192-01-00
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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A notary public or other officer completing this certificate verifies only the identity of t11e ind iv id ual who signed the document
to which this certificate is attached, and not the truthfulness, acCllrncy, or v~liclity of !hilt document.
St11te of CallforF _ {\ , }
Coooty of !jA/l LJ, ~ c) r/ tin ( l .
On ~ ~9 -?ll,;,?-'l before me, A titor1,✓ //{ fl_ : not{ru (.«bl1v
Date .--, J /, ("\ C_ J-iere lns;l Name and Titli :!];. ()fficer •
1 -J
personally appeared -be.t1-1N ~\ll:DlviCJuC(} f ~~Vl~ U, fr. ~ Name(s) of Signcr(s) ,
who proved to me on the basis of satisfactory evidence to be ~ pcrson~hose name(ali ,O~crlbed
to the within Instrument and acknowledged~~ th~ executed the s;ime I~~
authorized capacity~). and that by h~~lgnature~on the instrument the perso~, or the entity
upon behalf of which the person~ acted, executed the Instrument.
eee e eeee eef
> ANTHONY VITTURELLI
' Notary Public -California
San Diego County !
~ Commission II 2327149 -
My Comm. Expires May 2, 2024
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the StRte of C;illfornla th11t the foregoing
paragraph Is true nnd correct.
OPTIONAL
Completing this informotion CC/ll c/eter o/temtion of the document or
fmuclu/ent reC1ttoc/Jment of this form to on unintenc/ocl c/ocument.
Description of Attached Document
Title or Type of Document: _____________ _
Document Date: _____________________ Number of P11ges: ___ _
Signer(s) Other Thnn Named Above:
Capaclty(les) Claimed by Slgner(s)
Signer's Name: ____________ _ Signer's Name: ____________ _
o Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(s): ______ _
o Partner -o Limited o General □ Partner -D Limited □ General
o Individual o Attorney in Fact o Individual o Attorney In Fact
o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator
D Other: D Other:
Signer is Representing: ________ _ SrgnGr is ReprGscntlng: _________ _
(,;)2019 National Notmy AssociAtion