HomeMy WebLinkAboutFIA 91-18; Voice Of Prophecy Trustee; 1991-0537498; Future Improvement Agreement/Release, A -z _ ' RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO
) 312 2C # 19914537498 17-OCT-1991 09316 AM
1 CITY OF CARLSBAD OFFICML RECORDS
1200 Elm Avenue ; SIIN DIEGO COUNTY RECORDER’S OFFICE
Carlsbad, CA 92008 1 HETTE Ey;; &DDH;EECDRDER RF: . : 26. DO : .
Space abox% this -1 l &e for Recor- derls use. CITY OF CARLSBAD Permit No. MS 859
FgEtzef No. 206-150-06-00
TBISAGREEWWC is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "City", and Voice of
Prophecy a California Corporation, as Trustee of the Van De Velde
Revocable Living Trust dated June 5, 1991, hereinafter referred to
as l'Prape*y C3Wner.I'
RECITALS
wHEREAS, Property Owner has applied to City for a Minor
Subdivision 859 for the real property hereinafter described, now
under Property Owner'@ um4Brship; 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
WBEREAS, the Municipal Code of City (and MS 859 attached
hereto and incorporated by reference herein) requires certain
improvements and dedications as a condition of approval of this MS
859; and
-, Property Owner has requested said approval of MS
1 Rev. g/20/90
F- 313-1.
4 859 be granted by City in advance of the time said improvements
are to be made; and
WHEXEAS, Property Owner, in consideration of the approval of
said MS 859 desires to enter into this agreement securing the
construction of said improvements, and City has determined it to
II be in the public interest to agree to temporarily postpone said
construction;
NOW, THRRRFORE, IT TS ASEREED between the parties hereto as
follows:
Section b, That City&gr&ea to record any irtievocable offers
of dedication made by Property Owner for MS 859.
Section* That Property Owner, in lieu of making the
hereinafter described improvements before approval of s&id MS 859
is granted, agrees to install and construct, or cauhBe to be
installed or constructed, said improvements in accord&nce 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
October 1, 1991, or within such further period of time as is
granted by City, provided, however, that upan the happening of
either of the following occurrences said improvements may, at the
sole election of City, be required to be made sooner than said
date or such extended period of time 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.
2 Rev. g/20/90
0)) 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 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 eight thousand nine hundred five and 60/100 DOLLARS
($8,905.60). ~',Pkoperty owner1Kereby acknowledges that said cost is
a reasonable estimate of engineering and construct&on 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 Uls'promises
and covenants herein contained, Property Owner hereby grants to
City a lien upon the hereinafter described property inthe amount
of $8,905.60 plus any fkure increases of cost in exce$s of this
sum resulting fro& increased engineering and construction costs,
and in the event Property Owner, Property Ownerls successors,
heirs, assigns, or tran $ ferees 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 necessary 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
3 Rev. g/20/90 '
/LI tw5
and payable ~-)y said Property Owner, Property Owner's successors,
heirs, assigns ortransferrees immediately upon completion of said
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.
(4) Furstie any remedy, legal or eguitdble (including
those specifically referred to herein), for the foreclosure of a
lien, and the Property Owner, Property Owner's successors, heirs,
assigns an6 transferrees, 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
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
4 Rev. g/20/90
? 31A
, provided, the Property Owner, Property Owner's successors, heirs,
assigns or transferees may deposit a cash bond or post a surety
performance bond satisfactory to the City to charge said surety
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 necessary release to enable the record title of
the property ta 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 accledent, loss
or damage happening or occurring to the work or improvements
specified in this agreementpriorto 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 indemify 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
5 Rev. g/20/90
- .N?
, s 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 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 af Property Owner, shall run with
said real pr&perty, and create an eguitable 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 Luflows:
LOT 4 IN BLOCK "B" OF BELLAVISTA, IN THE COUNTY QF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MARCH 7, 1929.
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Rev. g/20/90
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II Section-.. 3J-t The required improveme. , to be constructed and 1
. \ r I the estimated costs thereof are as follows:
IMPROVEMENTS ESTIMATED COSTS
3" Asphalt 800 SF @ 1.73 1,384.OO
6" Curb and Gutter, Type G 145 LF @ 15.00 2,175.OO PCC Driveway 330 SF @ 3.50 1,155.oo
PCC Sidewalk 560 SF @ 4.00 2,240.OO
6" Cement Treated Base 800 SF @ 0.80 640.00 Trees 3 Each @ 50.00 150.00 $7,744.00 + 15% Contingency 1.161.60 8,905.60
Executed by Property Owner this a~40 day of& I 19%.
PROPERTY OWBB!B CITY OF CARLSBAD a municipal corporation of the State of California
. .
c
.
Voice of l?0@ecy - C&
for City Manager
ATTEST:
tory)
city clerk
Secretary, Voice uf,Pzophecy - CA
(title and organizaticn of signatory)
(Proper notarial acknowledgement of execution by PROPERTY OWNER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the
corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
11 APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City Attorney
c
Deputy CitgAttorney
7 Rev. g/20/90
I)LL,DUPDfiSE ACYN#QWLED6MENT .11-m
State of Calif omia
1
319 CAPACITY CLAIMED BY SIGNER
County of vent3JEl 0 INDIVIDUAL(S)
‘On October 2, 1991 before me,
q CORPORATE tie p,-awj
Eunice I. Thorrpson, Notary Public ,
DATE NAME, TITLE OFOFFICER - E.G., “JANE DOE, NOTARY PUBLIC
OFF'CEW -$p-
q PARTNER(S)
personally appeared RonaldA.Lindsey andGuyG. Stewart 1 0 ATTORNEY-IN-FACT
NAME(S) OF SIGNER(S)
Ifp personally known to me - OR - Cl proved to me on the basis of satisfactory evidence 0 TRUSTEE(S)
to be the person(s) whose name(s) is/are 0 SUBSCRIBING WITNESS
subscribed to the within instrument and ac- 0 GUARDIAN/CONSERVATOR
knowledged to me that he/she/they executed 0 OTHER:
_- the same in his/her/their authorized
capacity(ies), and that by his/her/their
. signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING:
acted, executed the instrument. NAME OF PERSON(S) OR ENTITY(IES)
Witness my hand and official seal. Voiice of Prophecy - CA
k" * 2e A--/
SIGNATURE OF NOTARY
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document Contract ForFuture Public ~?3XenEn~s MUST BE All-ACHED Number of Pages 7 TO THE DOCUMENT Date of Document October 2r lggl ----------------- DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
Q 1991 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave. - P.O. BOX 7134 - Canoga Park, CA 91304-71