HomeMy WebLinkAbout; Miller, Lawrence & Blanche; 40754; Future Improvement Agreement/Release1
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VI-U'?4 RI: CORDE D VA2T 1, TO :
Zi.ty of Carlsbad 2960 Pi0 Pjco nrive
Carlsbad, California 92008
,4 (-?I:F~~r:YT , ,, > *! .A
W DEGO COUMY. CXWOaNle
A. S. CUAY. COUh’TV R5CQRDEN q&
PE\RTIES: The parties to this a,n,reement are the City of
Zarlsbad, California, a i~funicipal Corporation, hereinafter referred
to as CITY; and w&&E A. M/IiA% A-NO DLWWE FA, MING%
hereinafter referred to as fW?ZER.
RECITALS: This agreement is made with rcfcrence to t!>e
following facts:
1. cl!,JNF? owns certain real property located i.n the City of
Carl ~.J)ad, County of San piego, State of California, coononl)
known as 4055 !‘arl; ?rivi:, hereinafter referred to ns ??FPF?TY,
and particularly described as follows:
Lot 10 of Block (: of EelIn j:‘ista, accordin? to ma;
tJ:creof number 2152 fi.led i.n the office of tlic
(lo11nt)r ?,ecorder of San Diego rounty on l”arcJl 7, 1929,
2. There i.s presently no sewer main in Park Orive at the front
of PROPF:RTY and in order to provide sewer service to PR(7PFRTY,
VV’NER wishes to be allowed to install a sewer line from
PI!0J’ERTY across a oile foot barrier lot owned by CTTY in J,ot ?
of JJol iday ?Aanor Subdivision in CITY.
C~‘.lENII?~TS : Tt is mutually agreed hctrzieen the parties hereto
?S fol1o\~Js :
1. CTTY a,srces t?lat Q!:VF:J? may install a sewer line from
f!‘!!l’r:PTY ;1CTO.C,f; t!:c one foot i)xrricr lot wrlcr! !3y CITY in Lot.
I, of T!olidny “fanor ~~ul-,division in CITY.
2, nl,“yT: -? slinll pay i;j s ?rp;-:orti.onate share of tl!e cost of
installation 05 a sewer r;r.in in !‘ark nrive in front of P?C\J‘T-:?TY
when such ;i sewer r.lziti is installed.
5, :?!:l?Tv s!!nll i0i.n in and fully cooperate wi.t!i any
ment district formed or ;3roposecl to he formed for the
in;)rove-
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of installation of sewer mains in Park Drive in front of
Pl?OPI:‘!TY.
4. (-);I!NEJ shall furnish CITY with a faithful performance
bond by an admitted surety company in the amount of
Five Hundred Eighty Dollars ($580) guaranteeing to CITY
t!iat he will ;jcrform !lis ;:romiscs herein contained. The
figure of Five Eiundred Eiglkty 3olla.rs ($580) is arrived at
by multi;,lying tllc front footage of PROPERTY onto Park
Drive by Four Dollars ($4) wllich is the City Engineer’s
current per foot estimate of the cost of installation of
sewer mains. Tn the event the actual cost of installation
is less t?lan the amount so stated, the difference shall be
immediately appropriately adjusted hctween the parties
u?on demand thercfor hy either party,
5. In the event QKNER fails for any reason wliatsoever to
16’ perform any of his pmmises herein contained, CITY may cause
17 said promises to be performed and may proceed against
18 OWNER’s bond and cause the surety company to perform said
19 / promises.
20 6. Tllis agreement shall be binding upon the heirs,
21 i successors, and assigns of each of the parties hereto, and
2i /I shall create an equitable u;lon and shall run with PROPERTY.
I 23 / DATED: MA-i&# s-, /%q CITY OF CARLSRAI), CALIFORXIA 24
25
26 STATE OF CALIFQR?JT,j ) ss COUNTY OF SAN DIEGO ) ’
and known to me to
3o />ublic corporation, agency or political subdivision, and acknow-
31 ledged to me that sucI1 City of Carlsbaci executed tile same. i,v’ITNIl!jS my :~and and official seal,
32 $&& ,J~( opt&& e
nhr.r R
Signature ,&:‘,$f \ i-. .? 2
‘1
&,&*,, /’ /$./ ’ &’ 721, ,/>Jf. d 5’;: i? ,f,’
(‘KNI1 G
TO 447 c
(Individual)
STATE OF CALIFORNIA
SAX DTT: rn >
SS.
; COUNTY OF
0 !rI 545
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On FE=B 63 Mu before me, the undersigned, a Notary Public in and for said
State, personally appeared ’ L/Q.o&litK-E A/I. JGtiUEle.
z
E L3LkMlNZNDNi, M/LrLiz? :
“: , known to me
9 to be the person whose name I && subscribed
s to the within instrument and acknowledged that executed the same. i STUART C. WiLSON
NOTARY K,‘GL!C - CALIFORNIA
PRINCIPX OFfiCE IN 1 z SAN OlEi2J ulum
I
.i Name (Typed or Printed)
(This area for ofbial notarial seal)
-
INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA
PERFORMANCE BOND BOND NUMBER: H 53 08 62
The premium on this bond is
$ . . . . . . . l-5 00 . . .A . . . . . .._._..._.__._.__ for the
term thereof
IlLnotu all IRIm bE these @emts:
That we . .._ . . . . . .._..._._................ ~~~..MilZer..&..Blanche..PI,..Mi~~~r . . . . .._.._......__._.....................................................
Carlsbad California of ._........._._. _..._..._ ____..._? . . . . .._......._.____................................~............................. _._ ____.....__ -(hereinafter called the Principal), and
INSURANCE COMPANY OF NORTH AMERICA a Corporation organized under the laws of the State of Penn-
sylvania, and duly authorized to transact Surety business in the State of California (hereinafter called the Surety),
are held and firmly bound unto ____..._._._ _ _______.__._._____.................................................................................................................
CITY OF C-M,. ..cAszIFQm... ._.._... . . . . . . _. . . ._._. .__. __ _. . . . __ __. . .__ . . __ ___. _._ ___ _. __ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..-.~........................ . . . .
(hereinafter called the Obligee), in the sum of ._._._ PXVE..~~~..~~T~..~..NO~lO~~~~~.~~~.~~~.~~.~~~.
--------------------___________I________---------------- .___________._..____~....~...~.~.~...~.......~~....~......~...~.~.................~............................................................... ($..?80*00 . . . . . . . . . . . . . . . . . . . . . . . . . . . ) Dollars,
for the payment whereof to the Obligee the Principal and Surety bind themselves, their heirs, executors, adminis-
trators, successors and assigns, jointly ant’. severally firmly by these presents.
WHEREAS, the Principal and the Obligee have entered into a certain contract (hereinafter called contract),
dated ._..... ?@?~%X..?~.,...%?66 . . . . ..__..........._...... . . . . ..__ for .__.__ P%!?!!?!!t .Olf. ..????~!?~ti~?!~t~.. .@X%??. ..5?f . . . . . .___ __._._
Sewer mains installation on Park Drive Carlsbad California ._____.___ __.._ ____. _.______._._._._._ .___..__.................~ _ . . . . . . . . . . . . . . . . . . _ . . . . . _ . . . . . . . . . . . . . . . . J . . . . . . . . . . . . . . . . . . . . ...) . . . . . . . . . . . . . . . . ..I.................................. _ . . . . ..I........
~__.~~~~_~__~_~~~__~.~.~.~..~...~~..~.~~....~......~~~~~~......~........~......~.................................~......................................................................................
a copy of which contract is or may be attached hereto, and is hereby referred to.
NOW, THEREFORE, the Condition of this obligation is such, that if the Principal shall faithfully perform
the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain
in full force and effect.
SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS:
First: That in the event of any default on the part of the Principal, written notice thereof shall be given to
the Surety as promptly as possible, and in any event within ten ( 10) days after such default shall have become
known to the Obligee or to any representative of the Obligee authorized to supervise the performance of said
contract. If the Principal shall abandon said contract or be compelled by the Obligee to cease operations thereunder,
the Surety shall have the right to proceed or procure others to proceed with the performance of such contract, and
all reserves, deferred payments and other moneys provided by said contract to be paid to the Principal shall be paid
to the Surety at the same times and under the same conditions as by the terms of said contract such moneys would
have been paid to the Principal had the contract been performed by the Principal, and the Surety shall be
entitled thereto in preference to any assignee of the Principal, or any adverse claimant; but if the Obligee shall
complete or re-let the said contract, all reserves, deferred payments and other moneys remaining after payment
for such completion shall be paid to the Surety or applied as it may direct to the settlement of any obligation
incur&d hereunder.
*m,t, IS00 84.60 PRINTED IN “.*.A.
b: $ 1,
;:
Second: That the Obligee shall faithfully perform all of the terms, covenants and Conditions of such contract
on the part of the Obligee to be performed; and shall also retain the last payment and all reserves and deferred
payments until the complete performance of said contract, and until the expiration of the time within which
notice of claims or claims in liens by persons performing work or furnishing materials under said contract may be
filed, and until all such claims shall have been paid, unless the Surety shall consent, in writing, to the payment of
said last payment, reserves or deferred payments.
Third: That the Surety shall not be liable for any damages resulting from strikes, or labor difficulties, or from
mobs., riots, civil commotion, public enemy, fire, the elements, acts of God, or defect or fault in the plans or
specifications referred to in said contract or for repair, or reconstruction of any work or materials damaged or
destroyed by any of said causes; or for damages from injury to, or for ,the death of any person; or under or by
virtue of any statutory provision for damages or compensation for injury to or the death of any employee. This
bond does not cover any provision of the contract, or specifications respecting guarantees of efficiency, or wearing
qualities; or for maintenance or repairs, nor does it obligate the Surety to furnish any bond, policy or obligation
other than this instrument.
Fourth: If there be more than one Obligee named in this bond, then it is understood that the rights of the
Obligees or any of them under his bond are conditioned upon the faithful performance by or on behalf of the
Obligee of all Conditions of the contract by him to be performed.
Fifth: That no suit, action or proceeding by the Obligee to recover on this bond shall be sustained unless
the same be commenced within six months from the completion .of said structure or work of improvement, as
“completion” is defined under the applicable sections of the Code of Civil Procedure of California. Any notice to
the Surety may be addressed to or served upon it at its office in ._._.___. 3.500...~ifth...~~~n~~,...S.~...~~ego . . . . . . . . . . .
California.
SIGNED, SEALED AND DATED this ____.___ ?& ______________..____......... day of ____ !%????h .._...._.......................... lo..68 . . . . . .
. . . . . . . . . ..__._._.......................................~....................~... Principal
INSURANCE COMPANY OF NORTH AMERICA
By: ./&@.&..&..~ ___.__ _ _____ ____ _____ ___.__
&rald C. McClellan Attorney-in-Fact
,: ,.,
+ :
.I \
STATE OF CALIFORNIA,
> S.S. . . . . . . . . . . . . . . . . . . . . . . . . County of..San...~i.eg.o . . . . .._...................,
On this ,,.?.?! . .._......._ day of . . . . . !!??.!!h . . . . . . . . . . . . . . . . . . . . . . . in the year one thousand nine hundred and 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
before me &,&.~~...B., C.?,&l,$~ ..____......................................,..,.. , a Notary Public
in and for the County of %W %A%32 . . . . . persondly appeared
NOTARY PuBLlQ : CALIFORNIA
PRINCIPAL Qt?Ej& ,N
MY
SB-12S- - 2-1.61 Printed in U.S.A. -
known to me to be the person whose name is subscribed to the within
instrument as the Attorney -in-fact of the INSURANCE COMPANY
OF NORTH AMERICA, and acknowledged to me that he subscribed
the name of the Imuv-ante Company of North America thereto as principal,
and his own nume , as Attorney -in-fact.
. . . . . . . . . . . . . . tLi?ukg . . . . A...&y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AUDREY 6. CURLEY Notar Public Cmmiroion Expires July 11, ldk9 in and for the San Diego . . county d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State of California