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HomeMy WebLinkAboutFIA 91-21; Sharp, Earl T.; 1991-0507332; Future Improvement Agreement/Release., C. .- 927 RECORDING REQUESTED BY AND ) i3c # ~99~-~~~~33~ WHEN RECO&DEDFMAIL TO 1 Ol-QCT-1991 01=28 PM mTm" nm CARLSBAD LLL.1 VC 1200 Elm Avenue Carlsbad, w&I ra cr3nnct dY""1 1 QFFICM RECORDS ; ~f# I)!EGQ COW’ RECCRDER’ S OFFICE ! AHHETTE UMS, CQUHTY RECFRDER -VC : !O.OO FEES: 26. Ifc Space above thi&@ine for Recor- der's use. CITY OF CARLSBAD Permit No. CB 91-0884 Parice No. 215-220-53 f ..4" ", .d' t?W!I%ACT FC% FUTURE PUBLIC 1mms L '_, L' a, : THIS AGREl3B@iWP is made by the City of Carl&ad, a municipal corporation, hereinafter referred to as VICity@, and Earl T. Sharp, hereinafter referred to as trProperty Owner." , : RECITALS W&.X&S, Property Owner has applied to City for a Building Permit NuWer 91-0844 for the real property herefnafter described, now under Property Owner's ownership: and WBER&&, it has been found that saidpXoperty 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 1 Rev. g/20/90 - .- 928 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 a!8 :any irrevocable offers of dedication m&%& 'b$;' nom, required). Section :a* *at ~~~~~~~ ;mor, in 3ieti of making the d '.a,, e' hereinafter d~~~ri~~~'-'P~~~~~~~~~~ be&e approval of said Building P&mit is granted, agrees to install and'construct, or 0 cause t@' tse i&$talled or constr\zQtcd, '&aih:,'ilirp ents in accordance ,wi%!% plans and specifications app~~Pd -~~,~~~he City j. 3: )' ,i ,: f: Engineer withim sixty (60) days after written drwria;nd &!$to do by :::: ,,, City. Pm3ptWty Cwner shall not be reguirG& -t;a ,: ,,; 'i improvements b&ure July 1, 1993, or within such furth&?"period of time as is graM%& by-'City, provided, hoW~~~.~~:~~~~ upon the happening of eith@&oZ"%he following occur8%.%nCes s&d'improvements :',;.. li may, at the solo slec$Ziop.o-P~$%&y,, be jeeguire@ ta be made sooner than said date or ~~~-~~~~d~~ pe%?iod;;&t% which may have been )' ~:,;';j,,,c~sT : ,: ,, _ 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 2 Rev. g/20/90 . . e - 929 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 two thousand three hundred ninety two and OO/lOO DOLLARS ($2,392.00). (,acknowledges that said cost is a reasW%&rP and construction _ G, __ i( .3: : <( i( ,(, '1,' costs at this t&me &nd:~tWk'%%& &&W. cost o!I"&hme at some time * * T&t for the faithful perfor&&nce ofme promises 'I i,( and co&$&tits'kPe~& contakmd, prep&y fXrn&*~"herelryif~rants to *_ City a Ii&n up&8 the hereinafter described prop&ty~'in- e amount :; ;; ;:‘ of $2,392*00 pPus any future increases of oost in excd of this 'I il :L; ,(Y$>f x sum resu~kkng'&om increased engineering and co&s4$&&%$& costs, 1; %. and in ethics: event Prop&ty Owner, :' ! :!j: Property CWrW?s $&ccessors, heirs, as&kqns‘,~ oTtransferees fail to instaS;E"~ti :'k!M&Wruct said improvements i'n tfis% 'aner and within tktkme @&&fied herein, Property Owner agrees that 632'ky'rn&$ do any or &X1 of the follow- 3,, ', ing: ing 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 ortransferrees immediately upon completion of said 3 Rev. g/20/90 .- 930 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 Pursu@ ":~r equitable (including , i :'~ ., *, )(, those specificalY$ z%&fe&&&t&'h@rei$$, f&tie foreclosure of a -i lien, and the Property ~~~~~~~~~~~y OwTierss Lu&%essors, heirs, 'i *;, assigns anti tran~fer&&s; stiail." be Mable P"dr reasonable attorney's'fees as a cost in sarh proceedings. ,'i~,. ;""- That it is agreed that anythi~~,'here~~~~"~~ontained i , ,( to the o&&r&%&notwithstanding, the promises anfi cov ts made herein &hall not be binding upon the holi8ers; 'mor beneficiaries b$! any purchase money mortgage a%$ 'j&W deed of tzmst for valiio which has be&n or may-&n &h&"kuture be executed by ,the Pqoper%y Owner, Wlk#i~T "ficcessors, heirs, assigns or tr&X@ferees, and the L.S&#n herebF';created shall be and is hereby subordfn&&to And declaredts'be inferior and subsequent in lien.'@&'%hq rien~of &ny such'p%%rehase money mortgage 0 c ; b,' ,; "' or purchase money deed '~~~.~~~~~~~'~~"~~, kien 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 4 Rev. g/20/90 . . - . . . - m - 931 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 nec& le the record title of the property to :&&' en kep;Qh3in imposed. ';-$.; 0 Section 3.: S'&$.d :C#f ~'&$&j"&&, n;ajr &$al3i; a;ny officer or )) ,/ dr ti&ibl~'.~or any' aocident, loss or damage ~hpp,errrirrg or occurrling to the work or 'improvements ‘, ;(, ,:;': specifi -i&tG$C ag’ra3ement prior to *he co~ple~ion~ancl',,~ceptance of the s&M, &r shall said City, '$a '3 nor any 0fFAcer &Wemployee :, i, ,; thereof;'be'li$&le for any perscns or property injured;," reason of said 66% '&~'~mprrrvements, but all of said . assumed 'by sa3.4 Property Owner and Property Owfter@s &cessors, heirs, ass%gns or3 transferees, and they ~~~~~~~~~~~~ the City harmless from, and ~fH3&&&fy the City aga&&, any'atid all claims, .( suits and liabilftiea'of ,or~to,bny per&n or prcperty injured or claiming to be inj&&$ as a'r@suH! sf shf$ Wrk or improvements. (((, Said Property Owner, an@ '( &$I&$ ;otj;;er, 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 5 Rev. g/20/90 , . . - . - . - ’ . A 932 y 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 t said real property, real property. I:,-' ..( ((,( Sectiog rty Owner, shall run with servitude upon said : “ tihrred to herein 4* Lot'324 of $#A Costa Valley Unit No. 4 a&zokdin$& Map No,' 57&1'$!kXed in the office of the Sarx,~DfegoCQunty Recorder, &$ptember 24, 1966, i I_ /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// //I Rev. g/20/90 . - . \ /-* ’ I - . . e 933 - Section 10. The required improvements to be constructed and , I' the estimated costs thereof are as follows: -t IXPROVEMENTS ESTIMATED COSTS Sidewalk 520 Square Feet 15% Contingency 2,080 312 $2,392 .: i7 ~_ Exe ,I le-. 7 uted by Property Owner this 9 day of -9 PROPERTY OWNER ,s:i ,i, "i >~ : :&' ii a, * ::_: Y 'J ~j ::,: : ;_ ; d i ;t; ,)_ CITY OF CARLSBAD a -*(i 1' 1,; ,J i ,,',~F,. ;:.2;: c, ',, i;;f. ,: ,( "",.:&@.cipal corporation of 2' ,-~Wk@,State of California for City Manager )_ ,:, i e( " . ,I( F;- 0 2,&j* (1, :_ : ') i(-:. 0 0 irli ,",' (title &# ~&rq&+ization of sign~atory) : i' f ,,!I% '*-$F: *;: ,_&3. *3 ,. By: :,;::;, r:;~ : pi CT;, ‘8' ( ,: *-?G ii $4) ,( *': . 'i -, : - " : *-"& " ', I ,:,, (,( 0 ""('6 >$jf ,~ (print ~~~~) " 'd': 0 ATTEST: .':;::;,, $; : ,' ,,.' .I (title and organ&&ion of signatory) Cit, Clerk (Proper notarial a@knowledgement of execd f&n by,'PROPERTY ONWER E must be attached) (President or vice-tires&e& &i'seirettiry aZ?a#&istant secretary must sign for corpsmtti&m&, 'I,f onPy-,uQe officer signs, the corporation must attach a z?esolution'c@:itzbffed by the secretary or assistant secretary under cdrporatie seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney . By: 7 Deputy City Attzrney Rev. g/20/90 GENERAL ACKNOWLEDGMENT A. 934 . NO. 201 the undersigned Notary Public, personally appeared 0 personally known to me )Q proved to me on the basis of satisfactory evidence to be the personJ&whose name(z$ subscribed to the within instrument, and acknowledged that executed it. nro 122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills, CA 91364