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Home My WebLink AboutCB 982638; Mann, William; 1999-0550708; Future Improvement Agreement/Releasera3 DOE # 1999-0550708 . RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 fxJG 099 1999 4:20 PM oFFICI# REalI@ yNDI&yfnpM&!~ Fks: ’ 25.00 1999-0550708 1999-0550708 : Pi : Pi Permit No. “;;CB 982$@3 Permit No. “;;CB 982$@3 >>>_, >>>_, P&l:No. P&c@No. 1~~~~~~~~~~~ 31 1~~~~~~~~~~~ 31 FIA Ho. FIA Ho. -J&&j~~ @t;‘; -J&&j~~ @t;‘; I -; /. I -; /. 3, ‘;::$ 3, ‘;::$ :I :I inafter referred inafter referred B g82638 for the B g82638 for the real property hereinafter d real property hereinafter d WHEREAS, it has been found that said ‘property is not suitable for development in its 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 present condition, however said property would be suitable for development if certain public improvements hereinafter described are constructed and certain irrevocable offers of dedication improvements hereinafter described are constructed and certain irrevocable offers of dedication are made to City; and are made to City; and WHEREAS, the Municipal Code of City requires certain improvements and dedications WHEREAS, the Municipal Code of City requires certain improvements and dedications as a condition of approval of this building permit; and as a condition of approval of this building permit; and WHEREAS, Property Owner has requested that approval of said building permit be 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 granted by City in advance of the time said improvements are to be made; and MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 1 REV. 12l24197 4% 73 7724 . ‘ 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: I Section 1. That City agreeS;@#i Property Owner for CB Section 2. improvements be j ,$$>, j& ; i ,-i;fi : jp ; i,@$ *VI (,, II_ i “ ,iI ,!l yi:$ 1 so by City. P/rd.per&&@her shall not: be reqt.&d to make saiddI$pro$%.:men #&fore August 1, 2 :‘i’gg,,; ‘$c.!, ;;;iil; :: 1 Es. _ ,‘$@I$&/ k “I iI ” f , $3 ’ wdir,j,,;~~~~~~ :3- .&i’j.la!l j ‘; y ::i 2001, or with$!$‘&& fd$&er pgrjod~~~~fime“~s:~is::granted”~~~~, :~r&~~&~~~h#ever, that upon ,& -. ,i>& ii:;, %‘.j:L L L j‘ ii ii:):, #li_ ! ;:; the happening ~‘@~,~~&f(##~s’~~~f th&%#&fiwing o~cu~r~nce#&[ y&a: ~~pr~&&@&‘~~&y, at the sole 4 i;;izi;,i j i ai ,‘I !I ;I(,; :: (‘( (LI_ ,-,,* : 3 :;‘ 1 I ill,, “i’ : 11~. ;)’ )j,l:l; $a ,- election of City, b~~~~~~~~~~~~~,.be m&rde sooner’&an said date or;s&$#‘$$x$nded period of time ‘.!:.,iiiii.; ! b j!; :( (,i,j,/:/ /! 1 isi: I ~p:~~j,~~“~ !jjZli ‘l:‘j: :‘a 3 ri -iri’Lir. . $3. “‘“““‘“‘i’lt Iak;r:~‘~/ j;j$@j:‘,: “ B ia @@@t; “’ 3’1 ” , ,;:;;;j js( L.C., tha o~r&s?&@~ or more of the frontage, %ti cE$j’i;r “Zj, I -,:,::$ji / L~I( *> / ‘~&f [,> :a :,, 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 fifteen thousand seven hundred ninety and 50/100 DOLLARS ($15,790.50). Property owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction 1 MA.STERS\FORMS\CONTRT FUT-PUB-IMPVMNTS 2 REV. 12/24/97 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 ~~~~~~,~f cost in excess of this sum resultinq nd contractor’s (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 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 3 REV. lZ24l97 7726 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 mo itle to the property hereinafter described 1 $ Sale of any such purchase money e cost of said and to execute any ne 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 I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 4 REV. 12/24/97 7727 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 sIa\d,-w~ :$$#@fr$ I I i ji $iii~@~ $31 :-I ‘&& w adequate warning to the ~~~~~~~~~~~~ property. The P property. The Prop may be I Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: Ill Iii Ill ill Ill II/ MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 12/24/g? 7728 . I IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS Streets Saw cut & Demolition Existing Curb 1 LF $2,000.00 $2,000.00 6” Curb & Gutter G-2 100 LF $18.00 $1,800.00 Repave Portion of Street 1,500 SQ FT $2.75 $4,125.00 Adjust Meter Box/Utilities to grade ‘ :;gy<f*:il:;:,ifaisc‘ i,j :i,,::,i,i:l~jl!~~~~~,~~~~~ $300.00 $600.00 6’ AC Berm Miscellaneous Constructi Construction Surveys Subtota 10% cc By: $8,825.00 / _- municiDal ‘V I -lb : -;y$ $A: :,; :>I,;, ix; (Proper notarial acknowledgment of &%Wui (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 REV. 12/24/97 7729 State of California County of San Diego ) On ZJ,cSqq before me, v P$te> WV 43 F-+J~ (dame, Title of Officer)’ personally appeared ~ilAa4dLWP*y - (Name[s] of Signer[s]) I personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person@ whose name@) is/ak subscribed to the within instrument and acknowledged to me that he/sp/tpy executed the same in his/t@pir authorized capacity(@), and that by his/t-&Mreir signature P ) on the instrument the person@), or entity upon behalf of which the person(@ acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) I Title or Type of Document w pwww* m-s Date of Document 7~~,/I+‘t & No. of Pages Signer(s) other than named above