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
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::; :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) --