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
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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
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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
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.- 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&%¬withstanding, 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
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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
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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 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_
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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