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Home My WebLink AboutCB 99-42; Kuzmack, Stephen & Teal, Eileen; 1999-0329527; Future Improvement Agreement/Release. RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 MAY 14s 1333 1o:ocl AMi OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY J. SKI-l-L CWTY RECORDER FEES: 25.00 / l~l~l~l~~~l~~l~~~llllllllllllll 1899-0320527 ‘( Spaae above this line for Recorder’s use. ‘/ i? :i : ,,/, ;c;‘;,~ :&iTY OF CARLSBAD ‘( ,( ,t,(‘- @ 1’ ‘.‘@$&~#& FOR F”T”RE p”BL,C ,Mp&‘J~E,,,,##$” (, ’ L ,_: (~ ii ,, : i,: 2 permit NQ. C& g$& / 0 Parcel No. &8-8$5$&j :, FIA No. -lg& g$oi$ ‘:.E : (2 ,’ ::g _: :, ‘3 1 3:: i 19 THIS &%!$EkjlENT 6s made by the City of Car&ad, % municipal corporation, ‘ r hereinafter referred to’#“City”, and Stephen J. Kuzmack,a single man and,Eileen M. Teal, a single woman, as jointten&& hereinafter referred to as “Property‘Owner:” -3 L ‘,‘_I )’ ,,~ “_ ,_ l,j_ (( i,’ RECITALS (:> “I ; : : ; j, )a(, I l,l_i$ q 1s. I., : : a,’ ” WHEREAS, Prop&& Owner thes ‘applid+o City’for a Permit Number CB 99-42 for the 3 ‘,)‘( b ,( ,o , real property hereinafter described, now ‘undbr P&petty C#&&‘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 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 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 1 REV. 1 Z24/97 a+G2a 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 any irrevocable offers of dedication made by Property Owner for CB 99-42. Section 2. That Property Uwher- in Ifeu of making the hereinafter described “j :’ improvements before approval of sai?I building permit i5j$anted, agrees to install and construct, _’ ‘, or cause to be instaffed or construr$iid:, :,‘~~w’,irri~~~~e~ents, $‘accordance with plans and :q II, ,>f( I i specifications appr&ed’ by ‘@e?$ty Engineer within sixty (6O)‘d& after iwritten demand to do , ‘f,‘ (_O ‘1: _ ilL[ so by City. Property Owner shall not be required to make said’imfjrovements before May 1, ‘, ‘,, i ,:( “ :( LL (( 2001, or within ‘sud#~;further period of time, as is granted by City, provided; ‘however, that upon 3; : the happening’ of’ either of the following occurrences said improvtiments inky, at the sole ‘, ;,‘$i_: i election of City ‘b$‘requir;ed to be made sooner than said dti&@‘or such extended period of time ,,, $( : i r ,‘, which may havet been’gr@,fed by@&: ~ i i$lj( s, “(::( :; L,( :,(j:(” > ,),‘~ i, ,: “‘:‘ii,, Lb ( ,)$i L( ,,3’;r ), : (a):; @&#&$,~,City Ci>uncil finds that’& owners of &~$&r ‘i&-e of the frontage, “ ,,.I : E (:(I including the frcmt&& &“o$&~,Owner, between inte&&ng street$ on both sides of the 3” ‘1 1 street upon which the pr@petiy herein described has frontage, ha&&greed with City to install : : street improvements to City spQcifi&ions. ,’ (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 five thousand nine hundred seventy six and OO/lOO DOLLARS ($5,976). 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. I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 2 REV. 12/24/97 3019 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 $5,976 plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, and in the event Property Owner, Property Owner’s successors, heirs, assigns,: ,~~~~~~~~~~~~~~~~ fail to install and construct said I ~,,<(:($ * (, :: +)_,fp:g: I, ‘( ., ((‘, .;~.e’I ,: $i’$’ L_I #@ improvements in the manner;$#! ~~$&IIr? ‘the time’ spe&ied hd@n, Property Owner agrees that s ‘i ,, iI,’ pi! (> City may do any or all,[pf.the,~~ll~\Ni~~:>~ : &:g, a : “3’ ‘:, : I. ‘!‘i’$>/l: : ‘J>’ Ci[ i [ i ; : js )a : ‘,I I,( (a) i @&@a@~:I~~&ssary engineering for said i$$f&em&&@one, and install and ,:c(( _:J:::$+ :,: ., :p:p construct said improvem##t+ by contract or otherwise. :,_i: City or j&@&&&&r and contractor’s O,( “‘jj , 1 1 employees may% emer upon any portion or portions of the property,reaSdn&bly necessary for .jL!( :I said engineer&@ a&f construction, and the entire cost and expense shait~J$$@harged against ..1 ‘? :I ,: If L(*L said property ‘and”‘pa@ble by said Property Owner, ‘P&&e& Owner$ s&cessors, heirs, _:,: / ! : il ,iCi[l$’ !I; ~(( :?:, ’ assigns or transfer&& /Mmedi&y’upon completion of;‘&M iimprovemen&$ %i, the event same ,* : .$..:j.:i : i_ is not paid within j&y (36) days from completion, City may for&$&‘$~i#~‘iien as provided by ,: law for the foreclos&&bo$ ~&$&&#,, cL~: ,: j +!_I :’ ,,( (, a_,,; (b) Direct ‘@# i.City &$iheer to estimate“ the:cbst ofi’nbcessary engineering, and “ (/(‘(/ ,(i (,jli_j It:,: : the work required to install and%&!Struct said ~frnprovem#& 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 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 I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 3 REV. 12/24/97 3020 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 against any owner whose title to the property hereinafter described is acquired by or as a result of a foreclosure or trustees’ sale of any such purchase money mortgage or pur~~~~~~~~~~~~~~~~~~~ trust. ~: ~:jbi,j( 1;; ( 8 ,,;,,-.1 Section 5. 1 I 1 i:$,;: That at $yF time! cfuring the period”herern provided, the Property Owner, ‘):: (I ,, (I‘ $.iZljl i L Property Owner’s succ&sow, heirs, ass&% or transferees m&y d@$#& a cash bond or post a e; :,g 1 surety performance bdnb’satisfactory to the City to charge’ said surety @‘with the cost of said : 2’ (( improvements; the am&&of bond to be the estimated cost of engfneering’and improvements ,:j ‘, ! ,A :‘~ i ,I: ‘, “-; ,* jj_ : _,d‘ _:,I, ,; ,_~j isql at the time of &ch deposit or ,,posting as’ WcerMjned ‘by the City Engfr&$r, and that upon 4’ i_ s,, ,.J* 1: L ‘0 ‘> ii.,.,;, deposit of said%ash “$r? ~posting of said bond!‘& City’ agrees to’rel~~~~l:lthd’-property, or any ‘3 ;,, :j _’ 3 (,I g j &. Ii ‘3’;; portion of it as: to which said deposit or posting appliesi%om the :pro&ibns &this agreement, : )J ‘1 ‘, i and to execute&y &$ssary &liaqe to eriabk the rq$$d title of th~j!&$&$ to be released :, 3’ from the lien herein ,imp&ed. ” A),~ .I ‘: it,‘. : ;(~($‘:( :: 1:;); 3 3, )), ,“, (~ ,:*y;: ,:j I‘ “: Section 6. Sd(d @$ty shallnot, nor stiall any offi##-or 2%-nptoyee’thereof, be liable or 1 3 ‘I,: IIi:j)i:i::i‘ :‘i: 1 !i:!tl,i 3 ‘:‘L responsible for any a&$dent, los!$, or~‘?k!rmtige’3 happ~ening or’:$ccurring to the work or ,“ i; ‘3 ,‘ : ‘. improvements specified in this ag&?ment @ior to the o&$&ion 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 all liability or claim because of, or arising out of, the use of any patent or patented article in the construction of said improvement. I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 4 REV. 12/24/97 3021 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 dangerous or defective conditions of public property. The Property Owner hereby agrees to pay for such inspection of improvements as may be required by the City Engineer of$@@:i:‘j: i : 1,: _’ :,i ,I,, ,ii(:sl,(( : _ll,;d. ,‘i$ _. L! Section 8. This agr@@-&$ ,~~~~th~~~~~nah~~~~n~~~n~~ ,herein shall be binding upon ,O’ + ,, j’)c ‘I+(;,. yij;::*, : :,, i ~‘l L 1 yi:$i $’ ;,i : and inure to the bet-@% of j&e ~~~~~ti~~~,~.he-,~~,.i,~~~~9 and tran&ees of Property Owner, ~_( I /I I :,( L ‘4, 3: 00 shall run with sai&@& )“#$@@~ &d create an equitable sen&&$ ‘$)on i&d real property. i ‘~ ; !> / ;::,:,,:,; ( Section Q;“l A de&$ption of the property referred to herei$&d upcWvhich said lien is i’, ‘, ‘,I :~L imposed is described a~$&ows: Lot 8 in &ock,‘L” ,of Palisades, in the Cit$&Carlsbad, County ,,’ of San Diego, St&e of$$alifornia, according to the map thereof#lo. 1747,~%led in the office of ,,i, “ii ,l the County Recordar .o$$an Dfego ,County, February 5, 1-923. “ ‘~ +:,* ,.I : _: i.3:zi::$: i,ss * ,: ~!I’:) ,“ s:il:.Il( : Section s’f’& ,?&/& requiijia”i~prbvemen6 to @d ~~&tiucted:‘@@ 1 @i:ei&timated costs ,’ (’ ,_ ” ((( i lL_L>> (( *:$f,,,*,/ J%‘, I thereof are as foil&@ ! i’, ,iji ’ ‘iIw;((I, : : I ;E ‘[__I : ;‘$ij ,’ $,: j-: : ‘, )~( ::,(:_i ,:i, : , i(” ! i g 1” 3‘ $1 & :.i&~l : ill ,, I‘ ,,,: ‘) : ,( f‘ _: 1 ,‘ i ;:::;:;y, ~>i I“, i !‘Q :y:j, : .) i $ i‘+(,ili :, i .tii~J.l’i‘t : : :f’l!:s (> ,:{:I, -# I ;:I Ill _: 3.2 ,,I ,li$i:~ii:li.(i;q ‘~:si;;s;,,e:., ;:,~_ ; :;l;iij::,:i;,:‘lll xC~ c c ~‘~ ,‘y::‘, :&;“: ‘S;. j ‘-’ _~(L,~ ),’ ,,’ L; ,+ 1,- iI (% ‘, _, 1 (/,~ ,!,i $: : (~(~ ,~ a::j : j ! ill II (LLs; :.: (’ , I/ 3 :I : ,ji:;,t:j I :‘,, ,:~ ,:_ [ / / I~@ ,: : >’ >/l>,L:i;;(,~E,I _y L ( ,I :~( : * ‘> Ill Ill Ill Ill ill I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 12/24/97 . , . 3022 IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS Engineering Lump Sum 2,350 $2,350.00 Curb & Gutter 50 LF 14.00 LF $ 700.00 Sidewalk 190 SF 3.70 SF $ 703.00 6” Aggregate 300 SF 4.60 SF $1,200.00 Base + 4” A.C. Paving “ 12” P.CC. Driveway Apron 120. SF’,,‘ 1)‘ 3 4.6@# $ 480.00 (City GS-12) ‘,, ,_:. .Subtotal 1” + $5,433.00 i, (( !: (,: _) “ 8: )( (, , 1’1” j ‘(’ ‘It?% tContingenc$::.l _,_,: jr $ 543.00 3,‘ +,,,:,p ’ j (, /, /(> (I’,! 1, TOTAL $5,976.00 :- 13:) ‘ ,;:_::I( ‘, ,’ “,.‘,‘,;:‘+ :o :‘ jll,‘ ~ :I:( t, :( Executed ,Jj$, ~&j&$i@wner this I:_,( :( z+ ,f :i.@sL (: :;/~g$y of&J ,,(” , 1 gLl”* ,) ClTy OF Cbl’RLSBAD‘ a municipal corporation of the Stat&‘o$‘~‘C&lifornia : Eileen M. Teal (print name here) Owner (title and organization of signatory) (Proper notarial acknowledgment of execution by PROPERTY OWNER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney - By: I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 REV. 12124197 l 3023 State of California County of San Diego > On L(42r7a94 before me, sn:&?f 5: ~~, fltiw l&I;& (Date) ‘(Name, Tifle of Officer) personally appeared %$QO 5. K~~mor& + ,!%a-, rr,.%id I (Name[s] of Signer[s]) (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 signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. acted, executed the instrument. WITNESS my hand and official seal WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages City of Carlsbad Engineering Department Document Signature and Recordatlon Transmittal To: City Clerk Date: Via: 1. Principal Civil 2. City Engineer 3. Engineering S REQUEST TO APPROVE DOCUMENTS AND PROCESS FOR RECORDATION PROJECT ID NO.(S) F/h ‘8-o 4 PROJECT NAME /f’hwU &j;AL INSTRUCTIONS: 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 - Driveways q Future Improvement Agreement (*) 0 Agrm’t for Undergrounding (*) 0 Encroachment Agreement q Other 0 Hold Harmless Agrm’t - Geological Failure 0 Hold Harmless Agrm’t - Panhandle Lots 0 Agrm’t to Pay Drainage Fees (*) 0 Deed Restriction (*) cc File Planchecker (Transmittal only) \Docs\MisformsDocumenl Signature L Remrdabn Transmittal Rav 02/l 3i¶6