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HomeMy WebLinkAboutFIA 92-03; Awad, George & Aida; 1992-0187195; Future Improvement Agreement/ReleaseRECORDING REQL~STED BY AND ) WHEN RECORDED MAIL TO 1 CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 1 fJFFiCi& REC$$S i 50~ DIEGO [OUfiTy f;ECQRQER'S f#FiCE ##;ETTE Ey$, C@$TY ;;E^L$$E~ ii; : ! ?f ‘Y, 00 FEES : 26. c AF: is, 30 Space abov#:this 'at%, for Recor- der's use. CITY OF CARLSBAD Permit No. CB 91-1302 210-115-11 ,(,,l ,.'O ~: "P,, ,.-;,;t:e i;T :' 3?!cmtiI: tztJFRom t s madeby'the City of Carlsbad, 'a municipal er referred to as tlCity'kI and Gecgge G. Awad inafter referred to as ~~Prop~r~~~'Owner.~~ REWTALS ', ')( : op'erty Owner has applied to City'for&'"Building ~,'I.$, (' Permit ' _I i :: :: ,; ,$ :, '$6<'zaB $‘$S3’302 for the real pr-perky h&einafter ‘,.3 : : describeb,"iI~~~~~~r Property mer's ownership; and ,,; _ '%een found that said property is not suitable -, ;-( for developme&& ii'n .it% 'p&&&& condit$on, however said property would be suitable e&k d@ke~o@knt if certain public improvements : -, ,'_, '-,, hereinafter described _ ~~~~~d~ 'and certain irrevocable offers of dedication are made to City; and -, the Municipal Code of City requires certain improvements and dedications as a condition of approval of this building permit: and -, 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 1 Rev. 11/05/91 rh - 743 said building rermit 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, !CHEREF'ORE, IT IS AGREED between the parties hereto as follows: Section 1. That City agreesto record any irrevocable offers of dedication m i* strip of land. Section in lieu of making the '( *' i, ,' hereinafter 'd cr'fbbd $*rov@ r&s before approval of said building p&&it-"fi' granted; agrees to install and onstruct, or ‘. _( : cause : to::~W& ,&&*alled or constructed, safd imrovements in ti,,: is I:: -. : accord&$&':&&& E'pl&n&, and> 'a~ec$f~c~~io~s approve $$the City )( ;;;;~i ;;&& I ), "i EngineePV$~~~~isixty (60) days after written dema d $0 to do by I Owner shall not be required to ,@kke said ii&mE&~ril 1, 1994, or within such further period ~i&&&nted by City, provided, hotrever, that upon the :,, happening~~~'~4S,~~~r',Qf,~tie following occurrences said improvements may, at thei &&ie-~~&~&~i~~of City, be ZeQuired to be made sooner than said date'&': &$&&&$$period of time which may have been granted by City: "l,,:i, (a) When the ds 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 which the property herein described has frontage, have petitioned 2 Rev. 11/05/91 . - - 744 the City to furm 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 seventy-seven and 25/100 DOLLARS ($5,077.25). Property owner hereby acknowledges that said cost is a reasonable est && construction costs at this time and ,~&$$&e' &&@a% "bo& of same & SOme time in the future may ,4$&&j r the &$tMul performance of the promises _: ‘. and cov&$&~&j'c&&in contained', Property Owner hereby grants to "'the"'i"iereili~~~~~'des~ribed property in khe amount :- :'( i' jr ,, of 95,o"p's';'% s any future increases of cost in exce&s of this )i(.~,( :, ;; ,s ;, 4J&ngi$ltom :' incr&ased engineering and construct&on costs, Owner, Propkrty Owner's successors, heirs, &&@ke,'~ok tran&!?erees fail to install and construct said 0 improveme~~~'~~:~~~';ma~ner and within the time specified herein, ing: &%$t City may da any or all of the follow- .( (3‘ : : ,- . :, : ,: "( ,_:._ ,( i: ;' ‘, &py &&$k ,~‘~;:!;:;r:~i.'~i &ng for said improve- -,..r 3;.,~:;.;:& ~' ~';;', ,,) "ii;'.,^"~~~;~'...~~' ‘ ments done, and instali ‘i l.,z %,*# u-g _ ;( 'I ,i, ': ii an&- '%Wtruct said improvements by contract or otherwise. City or its contractor and contractorIs 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 improvements. In the event same is not paid within thirty (30) 3 Rev. 11/05/91 - - 745 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 or equitable (including those specificallyz~ Pvr the foreclosure of a lien, and the ', y CwW$W, Property Ownsr~s successors, heirs, ' assigns iA an8 ~'X%~W&~reer'~ shad be liable far reasonable ,,",y‘, -,: attorney'd~r:'~~e2rr'~p'a'cOst i'n saiBl'proceedings, :$~-~"&Rat it is agre& that anything herelin contained ..:;&;:. : ,, '( to the ~~~~~:,Aot~~thstd~~fngl the promises and covenants made o :J ~~~~~~~~~t be binding upon the holders, mvrt&ees, or 0 (-(/~I_ A '( benefi&@&&ss%f any pUrCha6e money mortgage or purckh~se money i ') ._. ),-ii : ,‘ deed o~~~~~~~~~~. 'I r'%&M,~e Which has been'or may Sn the"%uture be ,. executedFby"'%!he Propeti%y Owner, Praperty Otsnerfs successors, : (, heirs, $' ',+* ".*$%a&ferees, and the lien hemby created shall be and is h~~bp -ltrb' &ated to and &&A.ared to be inferior and Z,>" subsequent in H&~&o~~th&'li~'e'~ ,oTany such purchase money mortgage or purchase money' ~~~~~~-~~~‘~t~~t'~ i( " _ i %&,j,ien hereby created shall '( _,_ j : ,:;'",i, I:- likewise be of no : '$.&i .,kf s,gg,: i( <.E. (. force or ef&%!!t'ag'a&~,t any owner whose title to the property hereinafter described is acquired by or as a result of a foreclosure or trustees' sale of any such purchase money mortgage or purchase money deed of trust. Section 5. That at any time during the period herein provided, the Property Owner, Property Owner's successors, heirs, assigns or transferees may deposit a cash bond or post a surety performance bond satisfactory to the City to charge said surety 4 Rev. 11/05/91 . . . - - 746 with the cost of said improvements; the amount of bond to be the 'estimated cost of engineering and improvements at the time of such deposit or posting as ascertained by the City Engineer, and that upon deposit of said cash or posting of said bond the City agrees to release the property, or any portion of it as to which said deposit or posting applies, from the provisions of this agreement, and to execute any necessary relqaseto enable the record title of the property to be .ti ,X&&n herein imposed. Section @i,:"' I&$ Ci&$sbaU. nor shall any officer or )( ~,' r, s, -( Z‘" employee the&&, be'liati1e~'o-i r&@onsible for any accident, loss ,. -2.,_ or darnage;""~~~err~~:.pr o@cizr??ing +ZU the work or improvements " specifi&W &@greement prior to the completion and acceptance said CPty, nor any officer or employee le for any persons or property injured by reason ,-_,,: of said ., i: ,. , ko~:lmprovements, but all of said li&bfliti&~ shall be ,i, >, (_ assumed:';j$+'."@&~4&$ m %ty:'Owner and Property Owner's s&cessors, heirs, ~~~~~~~~,-~~ tr&n@ferees,' and they shall save the City 'I harmless jfi* ~$&@&‘dnde#nify the City against, any and all claims, suits and l$.&bilid&&&!! or to any person or property injured or i -:. * ; ‘, claiming to be~'~n$ur&T&& .$?r~&.~lt of said work or improvements. Said Property Ownk';*"‘~~n$~' P&q&+&y Q$&@r*s successors, ;( heirs, )( ii- ?: $1, ‘( ,p‘!;;:g;: A.( & il_ e.rg;<+ _i '( i( assigns or transferees, fur+J3@F ees to protect said City and the officers and employees thereof from all liability or claim because of, or arising out of, the use of any patent or patented article in the construction of said improvement. Section 7. It is further agreed that said Property Owner will at all times up to the completion and acceptance of said work and improvements by the City, give good and adequate warning to the traveling public of any dangerous or defective conditions of 5 Rev. 11/05/91 * . . s . A ? 747 public property. The Property Owner hereby agrees to pay for such 'inspection of improvements as may be required by the City Engineer of City. Section 8. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, assigns and transferees of Property Owner, shall run with said real property, and create, ~+n, aquitable servitude upon said &'i' )' ,.>g;, .",,:,,-.:,:, ,~.?.,,~f real property. i j_ ;; ,;.i:: ,,q=,/, : _ i*'i; ii_ 8‘;: ;;: _(,:jl'd -I- <. "0 '.,/" q::-.: (i 'i i( ,.A (,( : :i _I ,: (_ '( 1 'i i, ! ., 1~: ./Ai(Ti "2~; ;, a-, ))o( :( (, Section 9;':: :$A -+:;-: #&&&o~ & the ,pr&ey' referred to herein _ )i and upon which &&'lien 'hilrrrpa&d is described as follows: o j '#fT &"4'IH TBE CITY OF CARLSBAD, DIEGO STATE OF CALIFORNIA, ACCORDING TO MAPTBERE~F HO. 3312, RECORDED 14 OCTOBER 1955 AS FILE /// /// /// /// //i /// /// /// /// /// /// /// /// /// /// /// /// NO, 2349344 o( ,, ;,; ,"'~,I i 3 :".: i ,_',, J ,: :: I 2.‘,& - :.;:. i 'j l; : -' I-f'.':i"'"' ‘. :"~-j .x,,vi:, 21 --:' .::.,: $[ "- ::Q ,::f;j,:, ,s .: : : il ,: % 32.2. *% ,: ';;:p& a:;;, .:: -y.i' ': 7 8; : :: ~%,J " :( ),( 6 ~$8 $g :i ~; F% /y$gg 'j ,( ix,::, ((? @l.,,',;.;" : (,( ,~i:=;,' ,: ; ;$a$t'$ ,i;-,,;'._: :.(8'. .S( JI , ,ll"jii'i::',E,.::"' I i( I_ 3 ::&~;;:.i,~, ,(,( .:i:f~, : --,v " ; : ; ,: f ,, ; '- (""i‘: : :, 0 'j:;t;:, ',' -, ijl,, :;: '*"" ('. _( ; (I I: i . . '( i(:(( "',,,. i 0 ::; :s, ‘( ,, ,' ;: '- :: :, ,: ': ,,',,i )' )(: : ,,I, (,'i) ,L; i _ " ,< _ :. " : 1, ,,_):( _(_ ; '(' : 1L (( '( $6, ,; ; : _ i(, '0 :,-;~ (- :. ,i ,'.'.'~ t ;; 1' : ,',-,-:i,::" I,_: li".~‘ ^_ I" i ;',";a' y~;j pni 3, (, .::- h i ,r :.I;;"' .( ,( ,, : i ;: ,: i ,J ," i ' ; ,i ), ,.: i ,: : : ': ,_ : ', 1,s~ i 'l:i (k' )Ti( --: : ( z*:, f ::,J '(8' )_* =. ,( & (_, ') i .,l:P:~;"i,:la;^t:T:t%~~,, ,"j~ -;" _ i-8 .%-;?B.,..,.&>::.,, :, i- ' ,: i i - 6 ;-~"i:,~'tT"~L,...,~ I ,,I @* ; '::; ' ..b ""'~~~~q~g(* li i, 6 Rev. 11/05/91 . k - ‘. ’ Section 10. w The required improvements to be nstructed and . I* ** . the estimated costs thereof are as follows: IMPROVEMENTS ESTIMATED COSTS 4 ‘* Engineering Lump Sum Curb 61 Gutter 69 LF @ $15/LF Sidewalk 345 SF @ $4/SF +15% Contingency $2,000.00 1,035.oo 1.380.00 $4,415.00 662.25 $5,077.25 Executed by Prop -I 1992 . l(‘Tli( 'i :,( ,,,_( (, '.,_ Jl( ::: . ';, ):_ ;I, 1, PROPERTY OWNER',~ : i': j ) of' i "; : : ) " , ,( i ,( CfT%f 'OF CARLSBAD a ', _ munfclpal corporation of r-hfi =+I&* of California (Name of,~'$@op+@&$: mer) : (title and or ;si ‘, (Proper nota nt or %$&&ion by PROPERTY OWNER must be attached) .:&k%;. ,-" ( ,, .) -.*..r,':.~i.$.‘, ,' 9:':; <.'I ; . / - (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.) II APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By: Deputy City Attorney 7 Rev. 11/05/91 . STATE OF CALIFORNIA COUNTY OF SAU nTF.ml I ss. 749 On itlARtH‘9, 1992 before me, DELORES J. DILLY personally GE G. AWAD AND AIDA K. AGAD + + f ++++++++++++++++++ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/ace subscribed to the within instrument and acknowledged to me that helshelmexecuted the same in his/her/their authcfized capacity@@, and that by his/her/their signature(s) on thexrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, / . -c Signature , P “Qee t FOR NOTARY SEAL OR STAMP OFFICIAL SEAL DELORES J. DILLY NOTARY PUBLIC . CALIFORNIA PRINCIPAL OFFICE IN V SAN DIEGO COUNTY MY hmhion EXD. July 23. I WC a5sA (l-91) --