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HomeMy WebLinkAboutFIA 00-04; Day, Ronald & Mariellen; 2000-0151972; Future Improvement Agreement/Release, , I I . . * . . - 2654 DOE 2 2000-0151972 RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 MQR 275 2000 II:34 At-Ii oFF1c1hl. RECORDS S&l DIEGO i.llUl4TY RECfXDER’S OFFICE GREGORY J. SHITH, COUNTY RECSRDER FEES: 52.00 111111111111111 2000-0151972 _> !, : ,’ ,Ls s ,(& Space above this line for Recorder’s use. ii (‘: ,$ij/& 01 CARLSBAD ,,; Ij L CONTRACi FOR FUTURE PUBLIC IMPdbVEMENTS Permit No. CBOdOXtX Parcel No. 203~&!I,-94 FIA No. FIA00004 THIS AGREEMENT is made by ttie City of ‘Carlsbad, a municipal corporation, hereinafter referred to as “City’l, and Ronald D. Day and Mariellen E. Day, trustees of Day Family Trust dated May 12, 1987, hereinafter referred to as “Property Owner.” RECITALS WHEREAS, Property Owner has applied to City for a Permit Number CB 000257 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 granted by City in advance of the time said improvements are to be made; and MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS REV. 5125199 . 2655 ’ . 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: Section I. That City agrees to’record any irrevocable offers of dedication made by “ :, Property Owner for CB 000257. Section 2. 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 April 1, 2002 or withinsucti‘ further period of time as is granted by City; provided, however, that upon “,(, the happening of either of the following occurrences said improvements may, at the sole election of City, be required to be made sooner than said date or such extended period of time which may have been granted by City: : ),‘, I (a) When the City Council fin’ds’th&‘the owners of 40% or more of the frontage, ,‘l ;, ” including the frontage of Property Owner, between intersecting streets on both sides of the s 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 ten thousand five hundred thirty one and OO/lOO DOLLARS ($10,531). Property owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction 1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 2 REV. 5125199 - 2656 h costs at 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 $10,531 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 i&all 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: 5’ :’ ‘((, 3) (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 ,i;j,, 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 compietion,‘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 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 I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 3 REV. 5/25/99 - 2657 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 3, ,*, ‘(_ 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% successors, heirs, assigns or transferees may deposit a c&h bond or post a surety perform&ioe 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 enable2the 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 1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 4 REV. 5/25/99 / ’ - 2658 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 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 i , ,)I adequate warning to the traveling ‘public of any dangerous or ‘defective conditions of public property. The Property Owner hereby agrees to pay forsuch inspection of improvements as may be required by theCity Engineer of City. : ~: Section 8.: ‘This agreement and the covenants contained herein shall be binding upon * ,) ,! g:ci and inure to the’benefit of the successors, heir-s, 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: Lot 4 of Granville Park, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 1782, filed in the Office of the County Recorder of San Diego County, February 21, 1924. ,(i __ ‘I,, Section IO. The required improvements” to be constructed and the estimated costs thereof are as follows: ill Ill Ill Ill Ill Ill Ill MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 5125199 .- 2659 IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS Engineering Lump Sum 2,000 $2,000.00 Curb & Gutter 75 LF 15.00 LF $1 ,I 25.00 Sidewalk 200 SF 4.00 SF !$ 800.00 6” Aggregate 1,500 SF 3.00 SF $4,500.00 Base + 4” A.C. Paving Subtotal $8,425.00 10% Contingency $2,106.00 TOTAL $10,531 .oo Executed by Property Owner this - -t I’~%~ “ (a “’ “ day ofj&h 20 40 9 -. a I PROPERTY OWNER1 CITY OF CARLSBAD a municipal RONALD D. DAY ‘AND “%lARIELLEN E. corporation of the ,State of California DAY, TRUSTEES OF:,DAY FAMILY TRUST DATED MAY 12, $987, By: (sign here) Ronald D. Day ’ (print name here) (title and organization of signatory By: RAYMOND R. PATCHETT ’ City Manager :/ . . By: e~?#d IZrrQLLOYD B. HUB@, P.E. y Public Works Director Mariellen E. Day (print name here) : ,, :( (title and organization of signatory) (Proper notarial acknowledgment of execution by PROPERTY OWNER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: 1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 REV. 5125199 -- .- IDIVIDUAL ACKNOWLEDQMKNT 2660 N_, before me, County of a &Al f-e ( 0 the undersigned Notary Public, personally appeared 0 personally known to me P proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that s executed it. ,’ - - Notary’s Sign ture ATTENTION NOTARY: Although the information requested below is OPTION L could prevent fraudulent atta ment of t THIS CERTIFICATE Title or Type of Document UC-h ,~ e & ~~rmcat;to”o~Ement.z~ MUST BE ATTACHED Number of Pages -S 1’ % - Date of Document MadI B-,2- TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above - 2661 State of California County of San Diego > On 3-s-m before me, (Date) personally appeared Ronee N. K&O-H (Name, Title of Officer)’ Tl.3043 @+ e[s] of Signer[s]) k personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the personti whose name@) is/are-subscribed to the within instrument and acknowledged to me that hel- executed the same in his/he&heir authorized capacity@@, and that by his/M signature@j on the instrument the person(4): or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) . , Title or Type of Document u \ \ Date of Document No. of Pages Signer(s) other than named above Q il City of Carlsbad Engineering Department Document Signature and Recordation Transmittal To: City Clerk From: ma- lfl ti”c QL9F 2~. Date: 3,/f?/!& REQUE$T TO APPROVE DOCUMENTS AND PROCESS FOR RETARDATION PROJECT ID NO.(S Jc,~$~stzo~ PROJECT NAME %\I &z&b-~.- INSiRUCllONS: Community Deveiopment Director - Please sign the attached agreement(s) which are . . noted below by asterisk then forward this transmittal and attached documents to .the Engineering Department Senior Office Specialist. - Senior Office Specialist - Please make one copy for file and forward original to the City Clerk. , City Clerk - Please obtain City Attorney signature dn the attached agreement(s) and process for recordation. Recording fees are to be charged to the City in accordance with the standard letter agreement with the Recqrder’s Office. When available, please return a copy of the recorded document(s) to this office for our records.‘ SPECIAL INSTRUCTIONS: Attachments: Harmless Agrm’t - Drainage 0 Hold Harmless Agrm’t - Geological Failure Harmless Agrm’t - Driveways 0 Hold Harmless Agrm’t - Panhandle Lots Improvement Agreement (*) 0 Agrm’t to Pay Drainage Fees (*) 0 Agrm’t for Undergrounding (*) 0 Deed Restriction (*) 0 Encroachment Agreement i ztQt;; to Pay’LFM Zone Transportation Fees (*) ,. cc File UlocsWiornts~mml sipnatum h Recordalion Tmnrmitlal (LFM Zone Trans. Fee) Rev Ylll99