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Home My WebLink AboutCB 993689; Gonzales, Joseph & Joe; 2000-0351366; Future Improvement Agreement/Release. RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC Yi 2000-0351366 5882 JUI- 039 20QO 2:32 t=W oFF1c1AL REm SAN DIEM COUNTY RECORIWS OFFICE fxGoRY gmH~ alu$yELxRDER . . . 111111111111111 2ooo-0351366 ‘,‘, j )( 7,s a);$)! S@ace above this line for Recorder’s use. I : ,,) : )‘, i , : ,, (+i+& CARLt&& (, ‘, ,I,, ti$~$+CT FOR FUTURE PUBLIC IMPl?OVEMENTS “ ,( * ,, :, ‘Zi’ : i, Permit No. &B993&& ’ >‘ *: Parcel No. FIA No. ~I ‘, [ ‘_ ~!: i :: THIS &@EEM‘gNT is made by the City of ?@1&ad, ‘2 municipal corporation, hereinafter referred to a$ “Cit)i”,~‘&nd Joseph: S. Gonzales &d Jd+ III. Gonzales, hereinafter referred to as “P’rope& Owner.” )’ _a,: ,,, (,: ., ‘, : ,‘, RECITALS (( ‘, ‘,‘ : :*;a (E WHEREAS, Property Owr& fi&&piied’tb City for a Per& Number CB993689 for the /’ real property hereinafter de&ribed as 4015 Park Drive, I&W 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. 5/25/99 5883 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‘ record l@ny >irrevocable offers of dedication made by Property Owner for building permit. (, ,(,> “ :“ (,‘E’ Section 2. That Property ‘Owner, in:’ lie&of> making ‘the,? hereinafter described S(>, improvements before z&@$~al of said building permit is ,,: grant&,~agrees ‘t@nstall and construct, 5, +,a ~(‘I “, ,,) or cause to be”@istalle@Kdr constructed, said improvements in, accordance with plans and 1 : I: $8, j ,, %, ,: ., ‘: ‘;*:,.:, specifications approveb‘by the City Engineer within sixty (60) days after +&ten demand to do so by City. Praperty d$&er shall not be required to make said improvemen&$before May 2002, ;,:, ,I ‘:T :, or within such further period of time as is g&ted by City;a’p&vided, however, that upon the (,I:,’ happening of either of @&following occurrences~ said improvements r&y, tit&$ sole election of j3‘j ,@)i.( ,i:,i : _~ >I ‘; _, :, (, Ij~ City, be required:tc: be madesooner than said date or such extended’$$&‘~of time which may :, :, I :,, : ‘:a~, ,~ ‘_ g,( ‘, have been granted by Ciw (, ‘I’, 3 ,‘ :: _,i(,b (, ‘I >>( Lr,/js:e (a) Whenthe~ City, Council’ finds th&‘the owners of 4d%‘or more of the frontage, .(.i %(~ ‘_( / I& :, (iv: including the frontage of Property”Owner, bel$&en. intersecting streets on both sides of the b’ ;,: ,c!,;,-;(, 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 Seven Thousand Four Hundred and Eighty Seven and OO/lOO DOLLARS ($7,487). Property owner hereby acknowledges that said cost is a reasonable estimate of engineering and I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 2 REV. 5/25/99 5884 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 to City a lien upon the hereinafter described property in the amount of $7,487.00 plus any future:increases,of cost in excess of this sum resulting ,,‘ i’s: _& ES from increased engineering and cor$&uction c&%ts:,an$?n the:@ent Property Owner, Property ’ ., ‘ );,;!gli,j :,( , Owner’s successors,, heirs, as~srgns,: 1 : L’/ j j: I or transferees fail to iti&& and construct said (: ,:3 improvements in the manner and within the time specified hef$&+r, Property Owner agrees that City may do any’or all of-the following: ,,::, ‘: _’ ‘: ,;. j (/ ‘(a) cove the necessa,-~~~~~~~rins:ior said improvemen~~“;d.one, and install and :, ‘1 construct saidimprovements by contract or otherwise. ij i I::_, ,:i ,,; ‘3, City or its c@ntractor?tind contractor’s @~ I!( ,. ‘2: :::j O( :: ‘ ‘>(j, employees rriby enter upon any portion or portions of t~ei:pr’eiperty-reasona~~ necessary for ,, ,g/ said engineering and construction, and the entire cost “and ,expen& shall, be charged against , l‘~li,: i ,: said property and payable by said Property, Owner, Propertg Owner’s:“‘successors, heirs, ‘4 assigns or transferees~immed~ately upon completion of said improvements. In the event same ,( ., .,’ is not paid within thirty (30) daysl~fro~“co~~bjetioh’, City ‘may foreclose said lien as provided by g- : (,, ” _(, ( law for the foreclosure of mortgages. ‘5, ‘ii , ,_’ Ii :i >,/’ LI, ,L ‘( (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 I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 3 REV. 5125199 I- 5885 h 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 mortgage or f&@base money deed of trust. The lien hereby ,’ (,, ,’ ,) created shall likewise be of no force’or effect against any owner whose title to the property (j, ,,‘_’ hereinafter described .is’$quired by or a3 a’resuit of a’~fcrect&ure &trustees sale of any such purchase money mo&gage orpurchase money deed of trust. , ‘,, :, : ,,: Section 5, That at:‘&ny time during the period herein provided, th& Property Owner, :> i:ijIL /((, :% Property Owner’s s$cce&ors, heirs, assigns or transferees may deposit& c&h bond or post a E G! surety performance b&d satisfactory to the City to charge said ~surety, with ‘the cost of said improvements;‘the am&&t of bond to be the ‘estimated c&of engineering ahd improvements 3’ 32 i ,C,‘, . ’ ’ r: 1 :,&‘ at the time of such-deposit or.“pbsting as‘ ascertained,“by the City:‘l!$‘@$e~~ and that upon :: “, t_i deposit of said cash or p&ting of .%aid bond the City agrees to re$$&%~‘the property, or any ,’ portion of it as to which saib depoisit or posting applies, fro$he proviskjns 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. :,‘_ I(, 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. 5/25/99 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 said work and improvements by the City, give good and /:: adequate warning to the traveling publ’ic of ‘any dangerous’ or defective conditions of public 3 l,:_: ‘_‘_ ,i:,, property. The Property Owner hereby &grees’to p&y-fur ‘such inspection of improvements as may be required by~~the’C&yEngfneer of City. 0 :,, : Section &“‘This apement and the covenants contained’ herein sh& be binding upon ‘ :: and inure to the behedt“of the successors, heirs, assigns and transferees of Property Owner, : $11 shall run with said real property, and create an equitable servitude upon said reaf property. :: ‘I’:::_ & Section 9. A description of the property referred toiherein and upon which said lien is ,( imposed is described as follows:“‘The Southwesterly ~1‘5~.00 feet of the’ Southeasterly 140.00 __(T : feet of Lot 8 in Block%’ of BELLAVISTA, according to Map thereof No. :215?, filed in the office of the County Recorder of said’&an Diego County, March 7, 1629, EXCEPTING THEREFROM :,y, (i the Southwesterly 78.00 feet,thereof.’ “I “,’ (:, ’ ii;:; :! gilt, ::‘I/ Section 10. The requ~~~~‘~impiav~~~~t~ to! de constructed and the estimated costs .,( (_( L&i: ,($ thereof are as follows: Iii Iii Iii Ii/ Ill Ill Ill MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 5/25/99 - - 5887 I IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS Engineering Lump Sum 2,000 $2,000.00 Curb & Gutter 42 LF 15.00 LF 630.00 Sidewalk 210 SF 4.00 SF $840.00 6” Aggregate 846, ~43,;,:: ,’ ,i $2520.00 Base + 4” A.C. Paving _:I “‘ ‘,‘I_, : : ,3;6(3,SF $5990.00 3’2 i,: is_iZ’:’ Subtotal;,,. ,I( i’ ~25$#Co~ntingepcy $1498.00 ,$,$‘, -I 3 )( ,,:‘ ;:@,[I/:;( ‘I iTOTAL )‘, ‘,: (6’ ~- ’ 6 ‘([p [ :,::.; ,( ,~ $7,487.00 Executed by@rope&Owner this ij*, ,i~‘I> “ ,day of /I?@y, 2000 PROPERTY O,J,,,,& “‘3“‘1r”’ Joseph S. Gonzales & Jo&,,. CITY OF ‘i“CARLSBAD, a municipal Gonzales corporation of the State ofCalifornia I : : : 3:: ,:,:..:*;FS;P;Y,,jjO,,jD R. pj&J&j$ ” City Manager TfiL b, G&l/)tq ICS, ,,, >( “‘ (print name here) ‘*“:/, ; ,’ : (, )(( : I’( );. r’ i/ ::: _~_ I>(’ I: y : ’ ’ ,,I, (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: I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 REV. 5125199 - 5888 State of California County of San Diego On flA Y I), ~000 before me, k\tGd k. Lb rJDB2.)‘personally appeared / %KEPb 5.~0~253~~5 4! aE P. @42&&~ ‘personally known to me (or proved to me on the basis of satisfactory evidence)‘to ‘be’the per&on(s) whose ,name(s) islare subscribed to the ‘2, within instrument and acknowledged to me that he/sh&hey exe&ted the same in his/her/their authorized capacity(ies), and that by his/her/their signature($) on tho:instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument, WITNESS my hand’kd official seal ‘(( : (Sh&)., ), 8: hI_& (Signature) 3) ij Llj$ : ,‘ ,,, : _’ ; 1 ,’ :::, (I:(:’ 3: 0 3 )iij :“ ~_ I), 1 s i : :) I ;l,j “ “ : ” ‘, I( _>L:::,(/:,: ‘, ‘_ I’S (( (, (~,( : (g/g ,q :, C( (i ,L, / (>( ((@I,/( (~, ” ‘, (L_ : s : 6,: (I ,((( L:/:iI::~‘s)I‘ : ~~:(( I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 7 REV. 5/25/99 May 5,200O To Whom It May Concern: This agreement is being signed under protest due to the following issues: l Section 6 and 7 of this agreement include language that is inappropriate to this situation and circumstances as acknowledged by the City Attorney’s office. l A request was made to the City Attorney’s office to amend the document, but said document has not been received as of this date and no timeline has been given. This agreement is also being signed under duress in order to receive a construction permit that was requested over two months ago. Y 29 #&Y 5QlA- Gw &I Joeo. Gonzales Date ALi-PURPOSE ACKNOWLEDGEMENT State of California County of 5H M QirEl”rO -v-----1- > ss. On A/y II, moo (DA*) before me, Jwtw kq PAOFR~ , (VOTARY) personally appeared ZX 3. GO KZAL ES #IO ~%PA 9.. lFQjh&JLE s SIGNER(S) 0 personally known to me - OR - le( proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ‘NOTARY‘S SIGKATURE 4 OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITYCLAIMEDBYSICNER(PRINCIPAL) DESCRIPTIONOFATTACHEDDOCUMENT III INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) Lk PARTNER(S) cl ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR cl OTHER: TITLE OR TYPE OF DOCUMENT I NUMBER OF PAGES MAY /I, wmo DATE OF/DOCUMENT OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S) OR ENTITYCIES) OF SIGNER APAW VALLEY-SIERRA, 800-362-3369