HomeMy WebLinkAboutFIA 91-03; Escano, Ray & Nikki; 1991-0035804; Future Improvement Agreement/Releasei’ .
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*RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO
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CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 1
54~ DIEiJl CINHTY RECDF:DER’S OFFICE fj$lETTE EUAHS , CDUHTY RECDRDER
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Space above this line for Recor- der's use. CITY OF CARLSBAD Permit No. CB 90-1552
Parcel No. 210-115-21
anaT POR xRJmR3 POBLIC IzmzcvEbl~s
THIS EIQRE- is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "CityoV, and Ray Escano and
Nikki Escano, hereinafter referred to as I'Property Owner."
RECITALS
WJ#lW, Property Owner has applied to City for a Building
Permit No. 90-1552 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
WHEREAS, Property Owner, in consideration of the approval of
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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 any irrevocable offers
of dedication made by Property Owner for 1 foot of additional
right of way along Carlsluld Boulevard.
Section 2. That Property Owner, in lieu of making the
hereinafter described improvements before approval of said
building permit is granted, agrees to install and construct, or
cause to be installed or constructed, said improvements in
accordant@ with plans and specifications approved by the City
Engineer within sixty (60) days after written demand so to do by
City. Property Owner shall not be required to make said
improvements before January 1, 1993, or within such further period
of time as is granted by City, provided, however, that upon the
happening of either of the following occurrences said improvements
may f at the sole election of City, be required to be made sooner
than said date or such extended period of tine which may have been
granted by City:
(a) When the City Council finds that the owners of 40%
or more of the frontage, including the frontage of Property Owner,
between intersecting 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
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P- 174 which the property herein described has frontage, have petitioned
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 ten thousand eight hundred ten and OO/lOO DOLLARS
($10,810.00). 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,
Sectian 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 $10,810.00 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, or transferees fail to install and construct said
improvements in the manner and within the time specified herein,
Property Owner agrees that City may do any or all of the follow-
ing:
(a) Have the necerasary engineering for said improve-
ments done, and install and construct said improvements by
contract or otherwise. City or its contractor and contractor's
employees may enter upon any portion or portions of the property
reasonably necessary for said engineering and construction, and
the entire cost and expense shall be charged against said property
and payable by said Property Owner, Property Owner's successors,
heirs, assigns or transferrees immediately upon completion of said
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*improvements. In the event same is not paid within thirty (30)
days from completion, City may foreclose said lien as provided by
law for the foreclosure of mortgages.
(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.
(cl Pursue dmy remedy, legal or equitable (including
those specifically referred to herein), for the foreclosure of a
lien, and the Pruperty Owner, Property Owner's successors, heirs,
assigns and transferrees, shall be liable for reasonable
attorney&s fees as a cost in said proceedings.
Secrtion 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
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 purchase money deed of trust.
Section 5. That at any time during the period herein
provided, the Property Owner, Property Owner's successors, heirs,
assigns or transferees may deposit a cash bond or post a surety
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with the cost of said improvements; the amount of bond to be the
estimated cost of engineering and improvements at the time of such
deposit or posting as ascertained by the City Engineer, and that
upon deposit of said cash or posting of said bond the City agrees
to release the property, or any portion of it as to which said
deposit or posting applies, from the provisions of this agreement,
and to execute any necess$%y release to enable the record title of
the property to be released 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 fromc 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.
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
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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 City.
Section 8. This agreement and the covenants contained herein
shall be binding upon and inure to the benefit of the successors,
heirs, assigns and transferees of Property Owner, shall run with
said real property, and create an equitable servitude upon said
real property.
Section 9. A description of the property referred to herein
and upon which said lien is imposed is described as follows:
Lot 121, Terramar Unit No. 4, Map No. 3312 filed in the office uf the San Diego County Recorder October 14, 1955.
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,- - . . * I268 Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
IMPROVEMENTS ESTIMATED COSTS
Engineering L.S. Curb and gutter 69 L.F. Sidewalk 345 Sq. Ft. Undergrounding of Overhead Utilities 69 L.F.
+15% Contingency
500.00 900.00 1,100.00
6.900.00 9,400.oo 1.410.00 10,810.OO
Executed this 2&g@ day of &ZW-&- I 1950.
DEVELOPER CITY OF CARLSBAD a municipal corporation of the State of California
By:
for City Manager Rav R cane (prin: name here)
ATTEST: title and organi tion of signatory)
B
Nikki Escano (print name here)
City Clerk
(title and organisation of signatory)
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corpo- ration must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
Deputy City Attorney
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STATE OF CAL1
before me, the undersigned, a Notary Public in and for said County and State, Raw ESW 9 /I,l/Wl