HomeMy WebLinkAboutFIA 00-09; Speck, Charles & Barbara; 2000-0424326; Future Improvement Agreement/Release0, ,I
’
. . . .
0 Ip
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC i: 2000-0424326
NJG 10, 2000 II:30 fwli
3782 oFF1c1AL REm SIN DIEGO CDUNTY REORDER’S OFFICE GREmY gtm CDufYYREalRDER : .
lllllYYnll~llllll~nllull~llllill~llnnlnl~l~l~ll 2000-0424326
;-: I : i_i_l j ; j : ” *
*) ‘j ,ji, i ~,
)I I I:r’f’ ~‘y;! i;[-; L L L
(* :
,-, 3
,,a!
),S), ,i;, ‘,, j,i:‘:tl::ti’
3‘ ,) ,-_:;i:;:’
$., l,,,+l‘:*.!“
.i:‘,@ ,: 3’,yip i 3 3.1 l:‘ (‘> :,
a
2
‘CITY OF CARLSRAD
d@‘lTRA~T FOR FUTURE PUBLIC lMPRClYEMEN?$ i, (’ $( I:”
,,, ,, ,’ Permit No. CS0661Tf$ ‘i( P’arcel No. 205~&@$@4-00
FIA No. J!fA ,o&(jg i ( :, L( ,:I ,i:
THIS &REEM‘ENT is made by the City of Carl&$ad, a municipal corporation, :
hereinafter referred to as “Citj?‘, and Charles S. Speck and Barbara A. Speck, hereinafter
referred to as “P&$arty O@ner.” ,’ % (,::I ‘,,,,(~S ,’ : :i:g: RECITALS ,,,: ‘,3,,‘) -3 ‘, (’ :g
WHEREAS, Property Owner has applied to City for’s Permit ‘Number CB000880 for the :(I:
real property hereinafter de&&W as all that portion. of.tracH’23 of Carlsbad Lands, in the ,’ ‘) County of San Diego, State of California, according to map thereof No. 1661, filed in the office
of the County Recorder of San Diego County, now under Property Owner’s ownership; and
WHEREAS, it has been found that said property is not suitable for development in its
present condition, however said property would be suitable for development if certain public
improvements hereinafter described are constructed and certain irrevocable offers of dedication
are made to-City; and
WHEREAS, the Municipal Code of City requires certain improvements and dedications
as a condition of approval of this CB000880; and
WHEREAS, Property Owner has requested that approval of said CB000880 be granted
MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 1 REV. 5125199
C ** I.. -I
. I 3783 -
by City in advance of the time said improvements are to be made; and
WHEREAS, Property Owner, in consideration of the approval of said CB000880 desires
to enter into this agreement securing the construction of said improvements, and City has
determined it to be in the public interest to agree to temporarily postpone said construction;
NOW, THEREFORE, IT IS AGREIEtS+,Mvimn the parties hereto as follows: /:~~ ‘,,;:,
Section 1. That cj#&&r&&~~ re&$-@‘~ny /$~voc$&~ offers of dedication made by
,a, . ,‘Z
property Owner for (3$J~O8&-). ‘:‘::i:1 “l’ : ,! ““ ((j
Section 2. Thtiat Property Owner, in lieu of r&king the ‘hereinafter described Or
improvements before approval of said building permit is granted, a$rees to f&tall and construct, :
or cause to be insta’lled or constructed, said improvements in a&ordance with plans and
specifications approved by the City Engineer within sixty (60) days after w&en demand to do
so by City. Property Owner shall not be required to make k@d~/mpr&ementsbefore December ‘3
1, 2001, or within such’fu@her period of time as is granted by&y, provided, :however, that upon ‘, ( I:@, :, $13 ,)’ a
the happening of &her &,‘the fokwing occurrences said im#rovements may, at the sole ,’
election of City, be requir&?lto be made sooner than said,,d&k!‘or such extended period of time ,( : L,,(~ which may have been granted byC~~~~~~~‘~~~ ,~~ ” ’
:I
(a) When the City Council finds that the’owrk#s of 40% or more of the frontage,
including the frontage of Property Owner, between intersecting 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 One Hundred Fifteen and 50/100 DOLLARS ($11 ,I 15.50). Property owner
I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 2 REV. 5/25/99
- - .,. .I
. . 3784
h
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 3. That for the faithful performance of the promises and covenants herein
contained, Property Owner hereby grants ;toI ~~~~~,~~~~~ ;upon the hereinafter described property :t,~:I( ,( *cl’ :) :& j : I
in the amount of $ !$ , ~~.!g$f$~~~~~&j &‘~QtuFe &‘$~a~bs: & cost in exceSS of this sum
)‘ ,’ i . i“ -“ .::::!..‘; ,‘& ::i_:s; i ,:: :i,& ” resulting from increased enginebrIng and constrUc~on c&& ‘and &the event Property Owner, _:: ; I
Property Owner’s suc&&sors, heirs, assigns, or transfereesfall to inst$i;l and construct said ,( ; ))
improvements in‘the manner and within the time specified herein, Property ‘Owner agrees that ,‘ )( $:, $‘(,
City may do any or’all of the following: ”
(a) Rave the necessary engineering for said improvements done, and install and ,’ j: (;(
construct said lmprove’ments by contract or otherwise. @&~or its eontractor’&d contractor’s ~(
employees may, enter upon any portion or portions of, the property ‘ri?aS&&bly necessary for
(( i&E :,i, _’ .
said engineering ‘and cor&ruction, ‘and the entire cost and expense, sh$i be charged against ,,: _:
said property and payabte by~‘&&id Property Owner, Property Owner’s successors, heirs, ),) : ‘~ tI_:[& (, / / : assigns or transferees im;ned~~te;ii/ UPbn’,~~~~~~f~~n bt said impr~~ments. In the event Same
: ,1
is not paid within thirty (30) day&from completion, City n&y%reclose 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
I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 3 REV. 5125199
- h
-*< ”
. , 3785
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 decl&+e@.%s”~e inferior and subsequent in lien to the lien % (‘:_( s ~)( I :~ (
of any such purchase mo~~~~&&@~~~ dki ‘~~/@&h&$E ~on&~‘&ed of trust. :(‘:( The lien hereby _:_:, ‘:, (?:;I 1 () I,( ((_,, 3, ‘I_, i ; yr, ( I, : : ,: : :tl’::l I) : created shall likewise,$e of n~i’fo##$‘W &%Wag&&any ownW whose title to the property ,’
hereinafter described’&,&quired by or as a result of a foreclosure br W&es’ sale of any such
purchase mone$&o&&&‘or purchase money deed of trust. )’ i :/:( a1‘j
Section 5. ~%Vi&?4 any time during the period herein provitipti: $W,#Voperty Owner, ,, %’ :, ,,:
Property Owner’s successors, heirs, assigns or transferees may hep&t a c$@? bond or post a 3: ), ,!:
surety performance bdnd satlsfacfbjl’to the ‘Gity,to cl&{@ said surety with the cost of said
improvements; the a&unt of b$d tti be the“estimated &$t~of engineering and improvements ,)
at the time of ‘s&h ‘$$!&4t or posting as ascertained by the C~~~$$#&er, and that upon (‘~ ,,(( ,‘$j : j j
deposit of said ca& or p&t&~ of Said bond the City ag&&io ~eleti&‘the property, or any ((::
portion of it as to which %Wdepbsit&# $&%&?&@li&, from tl&provisions of this agreement, 3
and to execute any necessary ,+&as; to &&bl~‘th~ &c&8& of the property to be released
from the lien herein imposed.
Section 6. Said City shall not, nor shall any officer or employee thereof, be liable or
responsible for any accident, loss or damage happening or occurring to the work or
improvements specified in this agreement prior to the completion and acceptance of the same,
nor shall said City, nor any officer or employee thereof, be liable for any persons or property
injured by reason of said work or improvements, but all of said liabilities shall be assumed by
said Property Owner and Property Owner’s successors, heirs, assigns or transferees, and they
shall save the City harmless from, and indemnify the City against, any and all claims, suits and
liabilities of or to any person or property injured or claiming to be injured as a result of said
I MASTERS\FORMS\CONTFtACT FUT-PUB-IMPVMNTS 4 REV. 5125199
work or improvements. Said Property Owner, and Property Owner’s successors, heirs, assigns
or transferees, further agrees to protect said City and the officers and employees thereof from
all liability or claim because of, or arising out of, the use of any patent or patented article in the
construction of said improvement.
Section 7. It is further agreed that safd!:Property Owner will at all times up to the :jj:lE( ‘~ ::( : ‘i’/l / I :#;~@ i : ;I;:(’ i ‘: 1 :,: completion and acceptance of‘ s@~~$#ork and” imp’tivemerlf~~: by the City, give good and ‘; ,I_{ j : 3 3 ] 3
adequate warning to the traveling”p&tic of an)“dangerouS’~or &kctive conditions of public “
property. The Property Own&~ ‘hereby agrees to pay for such Q-rspectioh’ of improvements as
,’ may be required”by the ‘City Engineer of City. a
‘j’
Section8. : ,:i: i This agreement and the covenants contained her&n: sha/f ‘be binding upon ?‘ :
and inure to the benefit of the successors, heirs, assigns and transferees ~4f’Property Owner,
‘(> shall run with said$eal property, and create an equitable’se&ude upen said r&N property.
(( Section ~9. A~de$cription’&the property referred,‘to he’rein an& uponWhich said lien is
imposed is described ai$fMows: (~, Lo 2: ,i
>iil j :,s i : ‘:,y:< G$,,, :‘,
Section 10. ’ “The j kequfred I improvements to be. constructed and the estimated costs : :__ ~,@,( ,-:: ji,:l;,:l~l;‘,
thereof are as follows: ‘:) : ~, ‘ , ,,+:, 8, (:‘ G ,, ), ,,: I(! , ‘, ,_,’ _’ “ ,( ‘: ,, :j :;,
ill )_,, J (,: ; 2 ,,:;>:,l,i’ 1 i,l L (ME 1~ ,‘(;//, ~: Lo
Ill
Ill
Ill
Ill
ill
Ill
1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 5125199
372
IMPROVEMENTS QUANTITY UNIT COST ESTIMATED
COSTS
Engineering Lump Sum 2,000 $2,000.00. Curb & Gutter 65 LF 15.00 LF $975.00 Sidewalk 320 SF 4.00 SF $1,280.00 6” Aggregate $5850.00 Base + 4” A.C. Paving
1 g$-j: :8F,::,,;,,,:1:i:“: ): i?@@Q. $$f
“I )“ s UbWiq ;( $10,105.00
I 2 ; ! & 10% Conti’QBncy $1 ,010.50 %,-xl 3 (((( ,I: L -‘, / (L ,, ((,::g~ /ij,:~:g :.b,;$QTAt ‘;:I ;’ $11,115.50 i(, ., 3, ,,, -I : ;</ i i ;:,_::g (::( ., (, Qi: :‘1 ~’ 2‘
y ofr;7Z, 203 I %‘)( : Executed by Pr~per$%$&$t’his L &pc,, ;: ((’ :$
$‘j 4,. ‘,*!_@(* “‘i‘;‘!, :i~L ,’
PROPERTY OmgR ,““:L’
,( I ( i’ ‘/ (iL: (> CITY OF “(’ CARl&BA@ a municipal
corporation of the State oX’fi-“Z---‘- ~.bawurri~a
By: RAYMOND R. PATCI;QET T’
(print name here) ’
(title and orgapiza#&&&S
By:
BY: 4
F&bLLL hh -, -- #die Works Director ‘ (: ,,,iCd j) ;,:, 3 *“3 3 t,$(:j( .’ a.,;ii‘$ i ,‘ :;ji ,g ‘:y
City Manager,,
(print name here) : I,:: :{,I$ (3 ; :# i ‘ “3 , i jslirj,
A-- As5 -;fl&/,#.:!i!:” i ::
(title and organization of signatory) ’ ”
pi : ,,: [,I i
1 3’3’
-( : i is> $:‘; ,:
(Proper notarial acknowledgment of execution by PROPERTY OWNER must be attached)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RCNALD R. BALL
::yJ&g+
1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 REV. 5125199
State of California >
County of San Diego ;
Cn 1PItiIoO before me, MsrY &. GM?@@, A/w &0&
(Date) (Name, Title of Officer)’
personally appeared Qmm +4- 4 cm s.aeu (Name[s] of Signer[s])
< personallv known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
@subscribed to the within instrument and acknowledged to me that J&s&e@
executed the same in hida authorized capacity(ies), and that by bis&~~@
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
&k@
Signature of Nbtary
(This area for
official notary seal)
Title or Type of Document &M’jw @@IZ& a$Lii /IVLUZM#&Q~ .
Date of Document &lzlr!~ No. of Pages 6
Signer(s) other than named above hlW&