HomeMy WebLinkAboutFIA 00-10; Daly, William & Rosa; 2000-0694095; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad. CA 92008
L 578% DOE rr, moo-06940%
DEC 20s 2000 I:23 PM
OFFICIW. RECORD!l SAN DIEGO COUNTY RECOfUKR’S OFFICE RESOW J. SHITH$ lLlMTY MCORDER FEES: 25.00
~: ,‘Lp ,L j, ‘ -,* ,(!_ _i, $‘@ (,L ,alI~ i ‘., rL!, ,,- ,- L “ ,I s (0% ,(:I /1: L+ Permit ,,)./o. -L CB 06lj662
,_S‘ : ,, . ” “Parcel No. 167&&$&3-00 ‘: P,, ,; a+ 3 i:i, I i_ ‘3 l,g’ a;j I‘ FIA No. JZ& OO”‘&
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THIS ABR@@NT ‘is made by th&, City of ‘~&$&bad, )a mun”$pal corporation, : 1 -1 ‘.‘::, iF#,’ -‘“: I;‘ j (( x:* ~ , !S~% ;_ .(>j,. l,;, I ,, I:; @ . .
hereinafter ref&&?d :Zo>as i “City$$&
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2 :_i,, :( ( Wikam V. Daly &%j’:,‘kosa C~3‘An@o~Daly, hereinafter ,j: (!,I_: -. ‘<! i :,j / I( I( ,‘ )I, ,$,,,(_ ,,) II, i 3 __’
referred to as t’Pr&&$@:Cwnar.” ,‘ ;: ,, ,‘_ ,.,_ j,, .‘i: ,.i: I L! I~ .: ‘.4_( :-, I): I,;j( ‘:fi,;,f‘f, (,~ ,,Li.: ‘L1l_ :i‘:‘::,‘q,, 1 a :’ I ,:i:,: ‘, :sI &,T& : : : Sly : 1 i ::: ((?:L 1, ,-,i j, ;;&@~.::,, :_ i ~‘&$:~:~.~ i -* : ,~: j fl -- j- ; $ : :‘;:,.;:;:‘o ,::$g$i“’ “-!l:q;4 :,[ i; WHEREAS, p&$$$y owri~r~~t~~a~~ld~:~~~~y’~~r F Pey$$~,&mber CB 001062 for the /& )$1 L( 1 ,:_ a,‘, ;‘.‘i,i, “, i :,_ ia:; gp ,‘,.Z
real property hereinafter desdri~ed”~s,“loY.i,~O’“~~ Se#$~#kkate Unit No. 2, in the City of _‘ #, j,,,‘ “,i ‘3il:j_il, ,1 “ a ~,‘~‘:~‘j‘i:~:‘i.“‘
Carlsbad, County of San Diego, State of California, according to map thereof No. 4288 filed in
the office of the County Recorder of San Diego, July 28, 1959, 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 CB 001062; and
MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 1 REV. 5125199
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WHEREAS, Property Owner has requested that approval of said CB 001062 be
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 CB 001062 desires
to enter into this agreement securing the construction of said improvements, and City has
determined it to be in the public inter~~~to.~~-~~~~~i~~~pvtpararily postpone said construction; ,, ,,;‘),f; I,
NOW, THEREFORE,YT IS A&&E~~~between the parties~hereto as follows:
Section 1. That“& agrees to record ‘amy ~Zrrevocable #&rs of dedication made by ‘_ (,
Property Owner for ‘GB 66#662: 3,s EL> ‘, i Section 2. That Property Owner, in lieu of making $he her&-rafter described ‘, (/ , ,(‘E / I (,I /:t_i~:;~~:ii
improvements before a#roval of said building permit is granted, agrees-to:ft$&$l and construct,
or cause to be EC“: : j ;,: ,,I, ,::
installed or constructed, said improvements in accordance with plans and
I ‘2 ‘y&i (:; / specifications approved by the City Engineer wkhin sixty (6#) days &br written demand to do
so by City. ::q Property &&er shall not be required to make s&d /mprov&3ier@before December a::, j : 11,; i : ‘( : ‘$i (E> : : ) i/: iy! .i;:l‘l
1, 2001, or within:;such~~~~:perioci of time is is granted by Ci~~~i:pravic132t;‘hbwever, that upon ‘, : (I(L 3 I,( : jl +:+, the happening of -&her of fhe&llowing occurrences said “improvements may, at the sole L ,: ii’_3 :“::i:i_a’: ,,;_, ii, :’ ,,I “ :’ :,’ 1:; p::’ / (’
election of City, be required ‘to be”m&$e‘&?&er than said date or such extended period of time
which may have been granted by City:. ’ :,,
(a) When the City Council finds that the owners of 40% or more of the frontage,
r including the frontage of Property Owner, between intersecting streets on both sides of the
I 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
I the cost of engineering and construction of said improvement at the time of signing this contract
MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 2 REV. 5125199
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is One Thousand Eight Hundred and Forty Eight and OO/lOO DOLLARS ($1,848). 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 3. That for the f?~t~~~~l~,,,~~~~~~~ of the promises and covenant3 herein 0
contained, Property Owner hereby grants to C& a~ lien upon the-hereinafter described property
in the amount of $1,848 plus any future increas’eS“of c&t in‘exce3sYSf ,this sum resulting from
increased engineer&g and con&ruction costs, and in the event Prop@@ Owner, Property ) (’ (’ ,( : Owner’s succe&ors, l&ire, assigns, or transferees fail to”‘&jstall a’$,$ construct said (~ : ‘kf( ,, ,: a’,(( ,( ,,,: 3 $:$.~I I $i’~‘p, improvements in the’ m&%-rer and within the’time’ specified herein, PropertyOwner agrees that ‘)’ ,: ,:,, $u
City may do any,‘or alf @#the following: ‘, :>, ,I , I” iv I ,,:,!,,
(a) ‘Have the necessary engineering for said&$rovemW3 don%; and install and ‘, I 3 ‘*: 3 ,“ construct said ‘imprc&ments by contract or otherwise. Cttyor it3 cont&icfi;r’and contractor’s ,-, _: ,’ :“_ r~
employees may’&riter‘~~~&n’any purtion or pomons of the prop&$,%,@~ontibly necessary for ;:i I,0 i i $Jj,j ,‘~~~‘i;p
said engineering an&con&u&tbn~ and the entire cost and%I‘pense s&i be charged against ,o:g s tii(I !:,I’ ( _: /‘i i / i,: : @ said property and pay&& by Said,:Propert$‘~@wner, Property Owner’s successors, heirs, s ‘ e ((igo, ,q:: assigns or transferees immediatelyupon cotipletion &‘&%nprovements. In the event same _‘_,
is not paid within thirty (30) day3 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’3 fees as a cost in said
proceedings.
1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 3 REV. 5125199
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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,
Property Owner’s successors, heirs, assfgh&’ or transferees, and the lien hereby created shall
be and is hereby subordinz#@% andt9ecla&#& ,be itiferior’ahd subsequent in lien to the lien .,
of any such purchase money mo@jHge or purchase money deed ‘of trust. The lien hereby ii:, (:_
created shall likewise be’df ,no @orce or effect against any o&&r who& title to the property :, :;: 1,’ I;,‘% ,_ ~’ ,‘: (~,(
hereinafter des&jbed ls’adquired by or as a result of a foreclosure or truste& sale of any such ‘_ ,: )_ ,:,‘;I:/( ‘/ ‘::;..~fgiiEI (( “ * purchase mor&‘&&$&~ or pur@&e &l&&&$&-fbf tf&t,
]/I % i,‘, : *:_ ;( il:‘:: yj i ,i:
4‘ I; i:sL :, r,: I j( Section ,,!?I. Thtit at any time‘ during the period herein provided, th&$%operty Owner, _: i 3 Property Owner’s &&&sors, heirs, assigns or transfer&s,‘@$ deposit a cashbond or post a
g$::‘ (_ i:, “iii‘3 surety performance:bgnd satisfa&&y ‘to the City to chZ&$#‘said &iie&r+$h the cost of said ,L L(( ,, ,+jd / / t*
improvements; then @%%&t ‘of bond to be the estimated cost of#ig&&ti~2and improvements i, ‘, “ ! (:Y ,:‘ c at the time of sucti ‘depo9it dF’@&sting as ascertained ,&the City Engineer, and that upon ‘_), ,o:
deposit of said cash orposting af said bond, the:‘City agrees to, release the property, or any :
portion of it as to which said de&%&or- po@ng ‘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 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
I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 4 REV. 5125199
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. ,, (‘Iiii) ~’ :,‘ :‘_ ,,
Section 7. It is further agi‘eed’ that ?%ld Property’ &ihiner will at all times up to the
completion and acceptance of said’:‘Work and’l’impr#r&ments by’ !he City, give good and / 0 “ ,e_ ’ 0
adequate warning ,to”the traveling public of any dangerous’ or defective:,.!conditions of public i : i !,; ;ji(,I,l:: :
property. The Property Qvitner hereby agrees to pay for such i&pection of 3mprovements as
g,,j,: 0 I i,1 (r
may be require&by theCity Englneer of City. ,‘ _; ; ..:,‘,&y : ,j‘:_‘J ‘ : oy i i , $:I 3
Section, 8. ‘:Thts ‘agreement and. the covenants containe$‘herein shaii be binding upon ‘I ( i 3I L,>, ‘,L
and inure to the b&efit of the successors, heirs, assigris‘,~~~~itrans~~rees of$roperty Owner, ,~, $( i “, ‘s shall run with said~‘:real#$operty, anti create an’eQritable:servitude upon~s’$iEf”~d~l property.
i, ‘, : )c ‘) _;
Section g;’ ~‘&sdription of ‘the property referred to herein %r&:‘tipon which said lien is _,‘,‘ : ‘,
imposed is described@ ~fQ~lo~&:~” I (,i ‘1) 3’;‘. I‘ ‘,‘, ,_l(i’ “1:‘ 13,s ij,il,3:3,‘l,i: i’:,i,
Section 10. The” requireid improvements to be i construct&i and the estimated costs
thereof are as follows: : ,,’ :( ,_* ,, L (, : ) ,(_(
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1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 5125199
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IMPROVEMENTS QUANTITY UNIT COST ESTIMATED
COSTS
Sidewalk only 420 SF 4.00 SF
10% Contingency
TOTAL
$1,680.
$168.
$1,848.
) l:s,2 i ;‘: :,. +: q’ ‘1 )::’ ‘I “
Executed by Property Owner’thls day of ,20@ -. (>, /’ c a,’ w
Clri’ CF CARLSBAD a municipal
corporation of the State of California ‘) ::_,
RAYMOND R. PATC,&$iT
City Manager, ‘I’( ;I_‘
i “ ‘) :
(print name here) By:
/=0/i’ OUNtBC 3)) :’
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Y
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, %j.li.i I, ,‘, ‘) i’ :, ‘) (title and organization of slgn&ory) ‘8
(Proper notarial acknowledgrnerri’of$xle~~licri~ by P~ioPER$$ &NER 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 secrstary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD d City Attorne
By: I Dept
MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 REV. 5/25/99
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., . .
L 5788
State of California ) i
County of San Diego i
nn k.!s~%~~~ hefnre rnp wk Wm. “‘-..“I , v - UVlVlY “‘V,
-(Date) ’ v - r 5
personally appeared )b G&’ p# @Vt,+f m m w fr - I (Name[s] of Signer[s])
X personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
j&are subscribed to the within instrument and acknowledged to me that h@j@e/they
executed the same in h,#$wr/their authorized capacity(ies), and that by hiMtj#$Mheir
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
A
(This area for official notary seal)
Title or Type of Document
Date of Document bloc, No. of Pages &
/j
Signer(s) other than named above