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Home My WebLink AboutCB 992317; Sterrett, Richard & Linda; 1999-0691744; Future Improvement Agreement/Release1 * DOC # 1999-0691744 r’ w OCT 13, 1999 2:38 ITI 6103 RECORblNG REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 : ‘,, ,(, ” 1’: “ (‘(, ,‘_ ! ,, ,:I:: “ 1_ ‘,: ‘#’ 1 19994691744 ,,‘ i ,‘ ,( !&xx% above this line for Recorder’s use. - ::!:?: t : (‘, : ::a :, / ,” :I ,::i’ :CfTY OF CARLSBAD e“ ,j:: ‘....‘:,:;.‘:, (I LI’b tX$dk~ti FOR FUTURE PUBLIC IMPR&&lEMT$t ‘)) : :‘;]‘I, :.:jj try I ,‘~L’( “( ,)a ; : Permit No. SB 9%$$I7 ‘,,I’ ,, ‘,,‘ 3, ):L ,‘(a:, yce~N0. :y&M so& g#& :99-j 51 j ,I :‘(> ,‘,. Ij ’ i_i i I, ‘ (” ~/ ‘I THIS ~ORh3Vh&lT is made by the City of Carlsbad, a municipal carp&ion, hereinafter referred to as “City”, and Richa@ t-l. Sterrett and Linda, 8. Sterreti, hereinafter referred to as .; ,( ,, : “Property Owner.“’ “i” i ,,, i _( ‘, :L ‘_ RECITALS ,,:‘I ,,, ,” L WHEREAS, PropertyC%+er h$ appIied&$!kyyfor a Permit Number CB 99-2317 for the real property hereinafter described,,no~: unk@r Pr&pertyKWner%~ownership; and “,:(, ,a,, WHEREAS, it has been found tha?said property is not suitable for development in its present condition, however said property would be suitabie 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. 12’24l97 -$?77 6104 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 rectwd any irrevocable offers of dedication made by Property Owner for buildingpermit. ,L:j(:: , : % “ ((((!,, US t: L,(: (, :‘~ (( s Section 2. Th& iPr2~e* !‘~‘i&gti6~,‘:’ ,#i; ‘g& hgf,~ maki.& *he hereinaffer described ,I )’ ‘: (: ,,:,, (‘ ,‘I 3 ‘( improvements before apbroval’of said building permit is granted, agrees to install and construct, ,,, ,)(:(c :i;t:.- or cause to be~l~Shstalled’- or constructed, said improvements in$&!cordance with plans and 31, ‘_‘, ,’ /, _; “il ; specifications approwedY$ the City Engineer within sixty (60) days after&t&n demand to do so ,a;:,(: ,:[;> ,:,:i by City. Property‘Cwher shall not be required to make said improvements bet&e April 1, 2001, 3‘ “ or within such“‘further period of time as is granted by C&~~provided, however, that upon the happening of either of the follow/ng occurrences said improvements may, at the sole election of City, be required’to: be‘made sooner than said date or such extended p&Md’of time which may ,( have been granted by Cit@+~~ :, 1 it I; I:, :: : ‘3 ,~ ,L:l, ,, :: i,::I t ‘:: I G3 (a) When’&,,$$~~‘&@$J ~f/$&f&$p qwners df~ia% or more of the frontage, 31, : : 3 1,‘: _,,1 : ,, :,a : 13 )) ,_:: )/:~ L i ‘ including the frontage of Pro~~~‘:~~~r,.;~~B~~en .$@$$&ting streets on both sides of the : ,‘ street upon which the property herein described has frontage, have agreed with City to install street improvements to City specifications. (b) When owners of more than 50% of the frontage, between intersecting streets on both sides of the street upon which the property herein described has frontage, have peti- tioned the City to form an improvement district for the improvement of said streets. Said improvements shall be made without cost or expense to City. City estimates that the cost of engineering and construction of said improvement at the time of signing this contract is Fourteen Thousand Four Hundred Thirty Five Dollars ($14,435.00). Property owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction costs at I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 2 REV. 12/24/97 , this time and that the actual cost of same at some time in the future may exceed this estimate. Section 3. That for the faithful performance of the promises and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $14,435.00 plus any future increases of cost in excess of this sum resulting from increased engineering and construction ti&terE fit@ in the event Property Owner, Property /,e ,‘, 31: : (~. I ,:, (I jj; ‘~i[i;,fi t:if$i+$ ‘$. .: ((:: *’ f3+$$ i ‘> Owner’s successors, heirs~~““‘ass&ns; or ” transfere$$~” fail to install and construct said $ ‘:,“‘ ,’ : >> ,“, ‘3 a : _::, improvements in the manner anjd v,&hin’fh& ime spedfied! herein;‘Preperty Owner agrees that :(,,~ ‘,,, City may do any or &i’o&ie following: ,‘ ::p’,$‘:i ! b 11 (a)’ ‘Have $&(ecessary engineering for said improvemknts &fie, and install and j,: j 3 :‘: I ,~ :,: :ig.:j:: ;!: i; : :“ I;: :’ construct said improvements by contract or ,othe&ise. s/;-L Cityy,‘or its ‘&ntractor,Iand contractor’s 1 i i i ‘,I _/(, : /_I_ ::, $‘ _l’i : :q, p:,- employees may ehter up&-r any portion or portions of the property ‘reasonably necessary for said 3:‘ engineering and cdnstruction,,and the entire cost and exp&ise shall be charged against said property and payable“by$aid Property Owner, Property Ctiner’s suticeasors,I heirs, assigns or : ,“ 1 ,( i L : ,’ transferees immeoiate~y%.$on completion of said improvements b-r the evefit same is not paid :3%y within thirty (30) da;vs:rra~i’co’~~r~?~,? City may forecl:~~~~~~aid,‘jie’~ as provided by law for the (, (>_ /: foreclosure of mortgages~i,: L>I “ “ i “:,;, ,:y , j,/ “: i‘ %>’ j j’: ( (b) Direct the Ci’t)r%‘$ngitieer~to e#imat&~the cost of necessary engineering, and (, ‘,j:ia] ,;:,,* 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. 12l24197 . 6106 deed bf 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 force or effect ag&%!+t ihy owner whose title to the property hereinafter I, described is acquired by or $&“d ($@of &‘~~z&&%losu#$~or trt!&+ sale of any such purchase :, “ ,( “,,, (, ,.: l,i($ ‘:ii$,,c,jz,3 ,, ii: ilbj j i,i 2 2 3 2 )‘, : :::p; ,‘$ 1 ;‘ money mortgage or @&$hase: ni~~~~‘~~ed‘of~tnl~t.~ : “ : i ::,a :/ ” Section 5. ~,~I%$!%it~ any time during the period hereiii’ $r&ided,’ the Property Owner, “a’,; ; : i y,a,j ,,: 1 3 ‘,yJil Property Owner’ssu~c&Ws, heirs, assigns or transferees may &p&it a MSh bond or post a : j )‘, ; )’ _::,‘_:( “1 surety petforr&nce~‘&$-id satisfactory’& tt-r’e’ City to’chaige ‘said stirety With’ the cost of said ‘: j,l 3; improvements; $&‘ar&uht of bond to be the estimated cost of engineb%ig an@i&provements at 8, _:,o f the time of su‘@ d+iosit or posting as ascertain$& biy the‘City Ei?&neer, and thdt upon deposit of ‘i said cash or p&&g $&id bond’&e City agrees to ref&& ?he pro&r@, or ai-& portion of it as I,(@ $‘!s: ! % to which said dep&t c$‘@&ing applies, from the provisions of this $i=&&$&, and to execute (([ ,:L‘,, _, (;I: i’ any necessary rel&ga td&r$~@$he record title of the ~p@%?ty tb be $&leased from the lien ,((i ,, ,;,‘,j :,I L ),, ‘, herein imposed. :,, i :I_+ i 13, $,:, ::; :“,I&l_;:, : ,‘$‘a 3’ ,( i ‘ : ,I,li‘r,ii:i~;i“i j;:‘:q i 3 I( 7 1) )i::li 1:“’ ‘(!ii (( ,:: :I$‘_’ i l’i: y 3 ,1 2’) /( ,: :,: ‘: a1 ;_ “ 1 1‘ : ‘L‘ ,I‘,‘ Section 6. Said City shatt’not, :koi’fihdl any &43&$&r 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 ofticer 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 all I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 4 REV. 1 Z24197 6107 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 public of any: d~~~~~~~~~~~~~~~~~ve conditions of public property. The i ‘ia : ,_ (‘ -3 Ij ;::ii) ,;1& ;,, :,_,~,L:,f, (,,@ j :a ,y ,y;: $ I Ijd’i 1 [ / j, Property Owner hereby agre&tb;‘p~~~fdr soch’i;nspe&&n di improvements as may be required ‘, ~ by the City Engineer of,‘Cjty?; I‘1 ‘_,I( 1, ‘: i,, ( .,,;I : 3L ““Iii “““‘,‘: !“: ,‘, Z,, : ,, ,_ i I ,L i“ Section 8. This‘$‘re~ment and the covenants contained herein&hall be binding upon :_’ :, j. “): ,’ and inure to the benefit c&&e successors, heirs, assigns and ,g I :;::i t?a&ferees xif. Property Owner, ,’ ‘, s:! ), ,,: i,,ii)i j ; ; 3 3 ; _M i, ‘-9 (_ 1$[,$ ,,j,: 1 ,,: ,(j ,I shall run with said ‘r&&‘property, and create,an,~~u~~~bJe,Servitude upon said’rea‘t property. ,: ;_ Section:‘9:” A‘ description of the‘ property referred to herein an&upon ,@ich said lien is ,i ( I,( : -‘, LIL ,, a,‘ imposed is described asifollows: Parcel 1, in the City of G&bad, County of:‘&@ Diego, State of California, ac&xding3toEParcef Map No. 792, filed in the ‘C&e of the~‘County ‘kecorder of San 3 I (,i- I ,l~~ Diego County, A~~[;21~$#~~ ‘2 I :s ,,I ,“ 3) (’ ((%,> “ :: jtl( L, ‘!sI,Lt &:I ,-( )a ,.,,- “*:.... :: ,: ,a 1:, $ Section lOi”_ Thd-‘~‘%q&ed~ Gmprovements to be .cons%.$cted ahd the estimated costs t~,~((c ;cs ((‘- &,g ~I t E,I : ; j,( _!,i g : : (?,,::: i ,;&,,,:‘:: (,” ‘_( 8~ thereof are as follows: “‘~;; _,;; ,” t-1:!’ ‘!$:I’ , :~I ( / /,Vl SZj ‘1; ‘-) ‘:_ (:- (s 31 i_l : ~(,, ‘, : j, 3, I) %,$‘li:.$,, ‘( :::i : ,,a ; i ‘I :‘ /I/ 2‘1 #q:;:i,,,,,,, ~‘: ‘:)i ;:i‘i;‘3‘i3, j f’ ,‘,,S $2 .:,,‘*I : 2, ‘( ,(:E 1 1 1, :‘;ii’,._illi ,, ,‘ -:- $,,‘ i g;i f:‘: 1 3 “‘i:) ” , ::A,i ;, :: {‘ :I“‘ ‘,I /I/ I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 12i24197 IMPROVEMENTS QUANTITY Engineering Lump Sum Curb & Gutter 82 SF Sidewalk 335 SF W St lmorovements 1640 SF UNIT COST ESTIMATED COSTS 2,000 $ 2,ooo.oo 14.00 SF $ 1,148.OO 3.70 SF $ 1,240.OO 4.00 SF $ 6560.00 Driveway Executed 1 50, ~:$3; ! : : i : i :,j / ;: ,,)y $c)Q, SF $ .600.00 ,(( ,’ ’ ‘ $11548.00 :,‘I .’ “’ ’ ‘ SL&gg&iJ, ‘,) ), , : fj 2 ‘i : :‘Y ,: : .! @5@+Pw&y $ 2,887.OO ‘i ,i ,‘ $14,435.00 : i‘3‘l,j !’ y: ‘I (1 i : ,_a“‘ TOTAL ’ ;;’ ‘, by:&gj&-$‘&ifi& ihis SW + :,, I dayof 24 ,19z ,,R(,,,E,-+w O,,.$&R~@ 1: RICHARD H an&ClNDA~ #‘$TERRETT CITY OF C&l$t;SBAD a municipal (sign here) s Richard H. Ste&ett ,’ (print name here) ’ )I, (title and organizatiohof stgnatory) ), By: ,o: ‘, :q:: ) i ; ., 6,: ,> : #‘:l, ‘ ,, L 1: t ; : ; : 2 I[ *~I(tLI >(S(,!( I,gg:( Linda S Sterrett ’ I;:,;; ( , ” :(t ,’ $:! ,,I _:I~* :::: ;j+ (print name here) : 1,s /( ,a,:’ 3‘ ,>i (1 ““‘xI (’ )___ “: ,:a ,,,;,_, ;,, , : 3‘) ,, : i ;+ :g c i,,‘,*:i,;:j ‘,‘__’ ,,a]_ 2: Prooertv Owner ,,:,,,: “ (title and organization of signatory) (Proper notarial acknowledgment of execution by PROPERTY OWNER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By:&.R.L, ++sst&& City Attorney 10.6 -49 l I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 REV. 12/24/W , State of California County of San Diego 6109 On 9 -lq -49 before me, f UL-IE Wd 5 fb%--mJ- fhmi@y y?o@LiC (Date) (Name, Title of Officer) personally appeared -f&2A/ecu> 5-r--(- -t w&M- (Name[s] of Signer[s]) 5. 5TawE= ~ personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the perso @ s hose nam 0 s) is/are subscribed to the within instrument and acknowledged to me that he/she@ executed the same in his/her/’ e? a uthorized capacity signatur s on the instrument the person(s), or entity upon behalf of which the perso@$ acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document b Date of Document y?--(?%?ybF &?- Signer(s) other than named above