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Home My WebLink About; Team, Gary & Dawn; 2000-0160844; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DQC # i?OOO-0160844 4x33 MAR 301 ~000 1l..:oo #q-j OFFICIAL llEcuf@ !ih@i Dim MuNiy faofm’s am Gfaw g1TH9 cyrYYaaxrmR : . i : L_: !_@ ::;. (( (,( Lj~I,‘::/:(_i( (~:( :: lllnn~I~Iuullull~~~~~~~~~~~lll~~~~ll~~l~l~ll .~(~ 1 : s i,i E( : “,,I,: j; j (i, ~‘if g I,[ :;jl: : k,; i(;-, y):g,/’ ~ ‘( _( :y :/ (1 ,’ c:_,: ‘&pace above this line for Recorder’s use. ‘, CiTY OF CARiSBAD ‘C4@$%&i FOR FUTURE PUBLIC lMPiiQVEMEN?S ‘, ‘i: .( i >’ lp_:i ! : Permit No. ‘CB 992248 ., : r”&Cele No. 2fR-Ql&~%$ :;, ,jiS : 1 FIA No. m’ *, “i : :_$ ‘( &,~, THIS AGREE#kNT is made by the City of &&bad, a municipal corporation, , --, hereinafter referred to as “City”, and Gary K. & Dawn 1. Team, thereinafter referred to as ,, 21’ _’ “Property Owner;:: ,ij,:: (,( _‘:oi~ ,: :: ‘, j ‘ REClkALS : “ j‘, 3:; ,’ WHEREAS, Praperty OIYn~r ~nasa~~;i~~‘~io,‘Cif~‘for~‘a Permit Number CB 992242 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 1 REV. S/25/99 SBB 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 1. That City agrees to H?&$.$r$$~~~ny /rrevocable offers of dedication made by I ‘, :,, I;~;0 ,,( L” S‘~ Property Owner for said bu[l$ng permit/ j j II, :,I : (: i I’:: I’ q : ,:, 3; : ,, i ,: : ,, 0: Section 2. That Property’ &wner, ~m’.‘~lieti of m&rig the hereinafter described ,(’ g improvements before appr&Mof said building permit is grantedi‘agrees to’install and construct, or cause to be installed~$r constructed, said improvements in accordance with plans and ~(,i ,, .j ~. ~!i!!:;i[:( ((, ,*, ~/ ,‘:’ :, specifications&ppi&ved by the City Engineer Within s’ixty (60) days&$e?wif&Xr demand to do ,: : ,) Ii so by City. P&p&y O&er shall not be required to make said improv&nentsb~fore November : “I : 2001, or within sudh fu$$rer period of time as is granted’&:&‘&, provided, however, that upon the happening of”either‘of the following occurrences’. &id improv&ments may, at the sole ,, election of City, be’requir&d,to be made sooner than said date or sI&h’extended period of time ’ “i: i’i :J& which may have been gran~ed’:by’City: ,(iEi “ ;, !!I ,, :i “ ,:, ,a ij (a) When’!&e$Xy Council finds that the owners of 46% or more of the frontage, ~: including the frontage of Property Owner, ‘between inters#&ng 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 fifty and OO/lOO DOLLARS ($11,050.00). Property owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction costs at I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 2 REV. 5/25/99 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 $11,050.00 plus any future increases of cost in excess of this sum resulting from increased engineering and constrticti$n~$$&t$,,, and An the event Property Owner, Property ‘1‘)‘ @_’ , ; _: i ‘, Zj_ i i j :_, i py Owner’s successors, heirs, ‘a&@&~: or: transfere!&“’ fail ta ,~install and construct said 1,’ ” ii3 ;‘p:, , ‘i,,,, improvements in the &&,,,& a$i;l $&t;i&.&,,, ~jme’@@j&.J f.,s;ei,f”Prope~y Owner agrees that I:(> I 18, ,,,, City may do any or,~ll~~df,th,e:,k~~~~ing: ‘,: ‘3 _i ~~ .(I ,, I( (a) &rve the~necessary engineering for said improvements &he, and install and jSL ,1> ‘:I ,: construct said improvements by contract or &en&e. L:gi:: City, or its &M-act$ i’bnd contractor’s ,( .( ; .:,, L ,j employees may enter upon any portion or portions of the property reason&y necessary for 4 : : ,~,: * said engineering ahd construction, and the entire cost ,and,,ie>r~ense’~h~~l be,‘charged against a ‘,, ‘ail said property and. pa$&le by said Property Owner,’ Property C&net% successors, heirs, ,Gl :, ,~i :,v i ,‘: assigns or transfe&e‘$‘i&mediately’irpon completion of said impr&&meht% In the event same ,;, is not paid within thirty (3@ days from completion, City rr@$,‘foreclose said lien as provided by ,‘, I: ‘, ,:, :‘ il$ :), i law for the foreclosure o@mortgages.,‘, ““ ’ “ , (b) Direct the City Engineer to estimatethe-do& of necessary engineering, and ,:I :‘ “ 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 holders, mortgagees, or beneficiaries of any purchase money mortgage or purchase money I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 3 REV. 5125199 4396 1 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 created shall likewise be of no forceor ~~~~~~~~~~~~~~~>any owner whose title to the property I:(’ :(>( L[L;;i hereinafter described is acq$r$&“by or $s Lo; j E : ; ; ” ii h:: a %Mt df a’ forecl&@~e or trustees’ sale of any such ,,~~c: ; purchase money mortg$.@ ‘or purchase money deed of trust. :; “j,’ ” _I 0 i Section 5. Thati’,atl any time during the period herein, provided; the Property Owner, (,,( : ’ Property Owne&%ucce~~ors, heirs, assigns or transferees may de+$it a G&h bond or post a 3 ,(::,y ‘i : ‘,ij :: >,t’> /::I :, ,’ surety performaricg &g satisfactory to the citv to ch&g&aid &#fy&#;JJe cost of said (~ :$[_j’j ,,!i 1 $:I: ‘,l:~:lj;;::_( $9. ? (, ‘: :_ improvements; ifhe a@%nt -1 . ‘,‘i : _I ; of bond to’be the estimated ‘cost of &gin&ring ana improvements ,: ‘: (~ “ i :, at the time of %uch ,d’eposit or posting as a&ertained by,:ihe:j!City ‘Engineer, and that upon “: “, deposit of said cash, or posting“o%said bond ,the City ‘#&es to rele&e’the,property, or any ;$‘,$ i_;~: *,‘~,l:,~l:,,,.; i portion of it as to whi,ch &&,depodt or postin,g,$pplies, from thC:?p!rovisrons ,of this agreement, ,‘ ,‘, ,‘I,i (I ‘* and to execute an~~$&z&&&&‘~~~ to ena&& the rqq$‘titi$‘$>the &epefly to be released >’ ti: ci~;~:ii’zi:l:i;[ i,:;i !L::I ; $ I,, I 1: ;i; i ]/, ) :: (_ ‘1 : : t ‘Q!Q:, : .c*> from the lien herein impos&f’:+, I?’ i’:jj,(l‘l ;,:.A “‘,‘!i:li;i!lilii!::: 1,: ‘L, i ‘: (_, j:(iii;(y ~,’ ((;’ :)c’ ‘_ ,:_‘:( ,)_ ,,:;‘; i :‘,‘a i Section 6. Said City ‘3.&&l:.~tidt, hoi.I:shaji;‘a~~,~,~~er or employee thereof, be liable or (~:(i ,- ,, : ,, ‘; ,: 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 or transferees, further agrees to protect said City and the officers and employees thereof from I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 4 REV. 5125199 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 adequate warning to the traveling .gLlblia,:~~;I~~~:‘i~~~erous or defective conditions of public ‘_izl ‘, i ‘ii ‘: i-1 &ij:;, ! L property. The Property Owner hereby”agree$“to pay%% such ‘inspection of improvements as ‘ may be required by theCity@-rgineer of City. :- ),, I’ ]‘j j (’ ,G Section 8. ‘Th@~agreement and the covenants conta‘i‘fibd herein&all be binding upon : i and inure to the ‘henef~t’%f .the successors, heirs, assigns and trdhsferees%f Property Owner, __ :‘,:( ,@ i ; (,i ),,(I,,, .i.‘,‘i shall run with saidr&l p&petty, and create an equitable servitude upon’SBid;@@ property. ‘,S ,‘,j Section@. ‘%?iescription of the property referred to herein and upon&hich said lien is : ,( ‘:I ,,: ‘3 ‘, ,~‘@ (‘7 I imposed is described a$ follows: Parcel I’ of &lap 142~7reco$ded February’28, 1986, in the : :,( 1 ;, _- City of Carlsbad, County&f San Diego. 2 ‘, y “, ,,L, :‘_,;, i “ *v _ ,),. Section 10: ““T,he&j’uired .%provements to be construote‘d “an&&e estimated costs thereof are as follows:‘ :i;, i: 3 ,! ‘_,i, ‘ “ (!‘b ‘3,) ,,( ‘, (( i_ ),a : jai; Ill 3s c I, >> ‘( :‘ (1 (L ‘i, i, j:: Ill ,( :‘, : ;,:1,., i ‘, it: 1 i 1,; I,!:,, ‘) ” ~:~~,~,~$~i!;:::, ,‘i i 1 3 : : ,,, ; I,, _i i:l:l ; : ,: -“a’ll (,,:o_~ ,i 3 :,j, : 1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 5125199 QUANTITY UNIT COST ESTIMATED COSTS Engineering Lump Sum Curb & Gutter 72 LF Sidewalk 360 SF 2,000 $2,000.00 15.00 LF $1,080.00 4.00 SF $1,440.00 $41320.00 $8,840.00 6” Aggregate 1,440 / gf;c ; ; L (:‘s( : ‘si i :~’ ?;Q-J SF Base + 4” A.C. Paving ,,,: &&&g&J ,:_ “ I, I, 25%+1tingq~cy ,1 “, s: I ,‘i ,.) _, TOTAL, _::;/ : Executed by, P’rRPe&&& :jhis L : :, CITY OF ‘CARLS~AD a municipal corporation of theState of California “_ i(,: :/ ~YMoND R. pi@fC@4)+ (sign here) ::,j:;(,: City Manager _%,‘ ,’ 3: i, ,:,z:jy Gary Km Team ‘( ; ““-:‘~~, ‘_ Iii, (~ :_,, ((( (print name here) “ “i’ (‘,II ,j ),“(( ‘1 ,,, Dawn I. Team (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: RONALD R. BALL City Att 97 I By: -City Attorney bT> 1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 REV. 5/25/99 4399 State of California County of San Diego On ?&iGti before rn:, ~~~~~~~ h;ze,&i,,,, personally appeared d p4xs z 5 x39-a- &l./Yc7 ZLN i- %4 (Name[s] of Signer[s]) ~- __,__.. -.-“. _ c 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 he/&e/they executed the same in @/her/their authorized capacity(ies), and that by hi&her/their 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 (This area for Signature of Notary official notary seal) Title or Type of Document Date of Document Signer(s) other than named above . ‘. City of Carlsbad Engineering Department Document Signature and Recordation Transmittal To: City Clerk Via: I. Deputy City Engineer 2. Engineering Senior ’ REQUEST TO APPROVE DOCUMENTS AND PROCESS FOR RECORDATIOl$, *- PROJECT ID NO.(S) &??sa a&-- PROJECT NAME ‘a*- /$%X&m<, INSTRUCTIONS: Deputy City Engineer - 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 on 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 Recorder’s Office. When available, please return a copy of the recorded document(s) to this office for our records. SPECIAL INSTRUCTIONS: Attachments: 0 Hold Harmless Agrm’t - Drainage q Hold Harmless Agrm’t - Geological Failure 0 Hold Harmless Agrm’t - Driveways 0 w Future Improvement Agreement (*) Hold Harmless Agrm’t - Panhandle Lots 0 Agrm’t to Pay Drainage Fees (*) 0 Agrm’t for Undergrounding (*) 0 Encroachment Agreement 0 Other q Deed Restriction (*) cc File Planchecker (Transmittal only) \tXa\Misfwms\Document Signature & Recordation Transmittal Rev 02i22/OO