HomeMy WebLinkAboutFIA 92-07; Martin, Matthew Lawton; 1992-0282521; Future Improvement Agreement/Release162 If-i7AY-lPP2
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO 1
i CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008
Space above this line for Recor-
CB 91-1705
Parcel No, 204-085-08
: ..'(i, ,( ; FORFUTTH&PUBLIC IMPR.CVEMEN!FS
's 3s made by the City of Carlsbad, &municipal
fter referred to as 'ICity", and Matt&w Lawton ;:, Hall, "$&%eph 'Jack Martin, Marietta June Martin, h&einafter ,f ,( r-ferre&T%;ri"~:& ,! $&&~&~ty 'Owner. 11
)( “ : REtxl%Ls
(( ‘,, WHERE&S~~~@&perty Owner has applied to City for a Building
Permit Numb&? CB ,9X-2705 for the real property hereinafter
described, now under Property Cwnerls uwnership; and
WHEREAS, it has-been foundtbat said property is not suitable
for development in its present cdndition, however said property
would be suitable for development if certain public improvements
hereinafter described are constructed and certain irrevocable
offers of dedication are made to City: and
-, the Municipal Code of City requires certain
improvements and dedications as a condition of approval of this
building permit; and
1 Rev. 11/05/91
. ’ -, Property Owner has requested that approval of said
' building permit be granted by City in advance of the time said
improvements are to be made; and
WHEREAS, Property Owner, in consideration of the approval of
said building permit desires to enter into this agreement securing
the construction of said improvements, and City has determined it
to be in the public interest to ree to temporarily postpone said ,_ ')
construction: _‘ _
NOW, IT 9s D between the parties hereto as
follows: i *
,Q)" * %!bzlt Ptoper%i* Owner, %n lieu of making the
hereinaf~~~,"~~aa;c~~bed improvements before apprmal of said
buildig ~&&&&%?is granted; agrees to install and Can&r-u&, or
cause ,q'd& gnstalled or constructed, said improv$ments in
accord&&&%-w& plans and specifications' approved by 'the City
Engine~~'oli~~~~is‘sf~~, (60) days after written demand aa'to do by
City. 3l@3qpey Owner shall not be regufred to make said
improvemeM%$ April 15, 1994, or within such further pe iod
:< r of time as is gr&te@'by City, provided, however, that upon the
happening of either of the following occurrences said improvements
may, at the sole eleciibian of City, be required to be made sooner
than said date or such extendea'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.
(b) When owners of more than 50% of the frontage,
between intersecting streets on both sides of the street upon
2 Rev. 11/05/91
A64
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 thirteen thousand twe, hundred twenty-five and OO/lOO 0
DOLLARS ($13,225.00).'
O$‘)'(
&cp@r"ty owner hereby acknowledges that
said cost is a,re&soz%%blle eati te of engineering and construction
costs at th,$:r f%awa&d that ti& actual cost of same at some time
in the eWeed this 'rsitbmte.
#' .&%at for the faithful perform&nce oi the promises ,_ :, :: Av:r t ;; ._ and cov@zW&sherein contained, Property Owner hereby 'grants to ,(
City a 'l$&up&ti the hereinafter described property in k&e amount
of $13~&&,U@'~lus any future increases of cost in exc&~ of this
sum resljli;2crig;:'~~,~~~~r~ased engineering and construotgon costs,
and in 'W&P -&ent Property Owner, Property Owner's sticcessors,
heirs, as@ sq ,ar.transferees fail to install and construct said
improvements in the m&%ner and within the time specified herein,
Property Owner agrees that City may do any or all of the follow-
ing: 0 : ';, (a) Have the necess& engineering for said improve-
ments done, and install and construct said improvements by
contract or otherwise. City or its contractor and contractorls
employees may enter upon any portion or portions of the property
reasonably necessary for said engineering and construction, and
the entire cost and expense shall be charged against said property
and payable by said Property Owner, Property Owner's successors,
heirs, assigns ortransferrees immediately upon completion of said
improvements. In the event same is not paid within thirty (30)
3 Rev. 11/05/91
e e 165
days from completion, City may foreclose said lien as provided by
law for the foreclosure of mortgages.
(b) Direct the City Engineer to estimate the cost of
necessary engineering, and the work required to install and
construct said improvements, and foreclose said lien in said
amount.
(c) Pursue any yI legal or equitable (including (i,.', :) F those specifically re&&& '&o,'&rein) , for the foreclosure of a
lien, and the PW&&ty OW&r, Property Owner's successors, heirs,
assigns and tratiferrees, &haJl be liable for reasonable
attorney'rsij~'&&%~'a@ a'cost in said proceedings,
; c That it is agreed that anything herein contained .( ,( ; )( ; to the"cc-bhWa2?y notwithstanding, the promises and coVenants made
herein ", 2&X 'not be binding upon the holders, mort&gees, or : 0 benef&&?1ei 'af any purchase money mortgage or purc@$se money
deed oft $&&tit bar WG.ue which has been or may in the future be
executed 'by '8i;fre Property Owner, Property Owner's successors,
heirs, as%& uT transferees, and the lien hereby created shall
be and is hereby~subo&$fnated to and declared to be inferior and
subsequent in lien ts'the lien of any such purchase money mortgage
or purchase money d&&of trWt. 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 4. 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
with the cost of said improvements; the amount of bond to be the
4 Rev. 11/05/91
. ’
. .
166 /h
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 to be released fromthe lien herein imposed. ,'-:'il _
Section 5. s,a&a '~.~~~&&& nott nor shall any officer or
employee thereof, be Ifal%% or responsible for any accident, loss
or damage ~~~~i~ cr &X?u&ing to the work or improvements
specified'33 l&J, z&eement prior to the completion and acceptance
of the ' e;'z%o* shall said City, nor any officeF or employee
"' ,: ,i )_ ; thereof;"-% M%&le for any persons or property injured by reason
of saia ‘&&&‘~ &k’ improvements, but all of said liabilities shall be ,( : :,::t assume&%@ r&d Property Owner and Property Owner's &ccessors,
heirs, -~~~~~~~~ or transferees, and they shall save the City
harmless f%&t;~and indemnify the City against, any and all claims,
suits and~%i&&&lit~es of or to any person or property injured or
claiming to be injured BS a result of said work or improvements.
Said Property CWner, and Property Owner's successors, heirs,
assigns or transfer&&; gurther 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 6. 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
public property. The Property Owner hereby agrees to pay for such
inspection of improvements as may be required by the City Engineer
5 Rev. 11/05/91
,- A
of City. 16’1
. Section 7. 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 an equitable servitude upon said
real property.
and
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Section 8. Section 8. A description of the property referred to herein A description of the property referred to herein ,, )(. ,, )(.
upon which said $&en & '&&&sd is described as follows: upon which said $&en & '&&&sd is described as follows:
LOT 30, 3$'ARK'%2 IN BLCCR 32 OF TRE TUWB OF CARLSBAD, IN THE CITY OF CARLSfWL;D COUNTY OF SAN DIEGO, STATE OF CALIFORKi& ACCORDIWG TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COURT!4 BECURDER OF SAN DIEGO COUNTY, MAY 2, 18488.
LOT 30, 3$'ARK'%2 IN BLCCR 32 OF TRE TUWB OF CARLSBAD, IN THE CITY OF CARLSfWL;D COUNTY OF SAN DIEGO, STATE OF CALIFORKi& ACCORDIWG TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COURT!4 BECURDER OF SAN DIEGO COUNTY, MAY 2, 18488.
Rev. 11/05/91
. . .- - 168
Section 1. The required improvements to be constructed and
' the estimated costs thereof are as follows:
IMPROVEMENTS ESTIMATED COSTS
Undergrounding of Overhead Utilities 190 L.F. @ $50.00 L.F$9,500.00 Engineering Lump Sum 2,ooo.oo
11,500.00
+15% Contingency 1,725.OO TOTAL $13,225.00
Executed by Proper&$@"" l:,i- _ ;,:'p, ii _ ~~~ei 2
-I 19 YJ. -ay of ,A&'L
PROPERTY OWNER '.) ClZIY QF CARLSBAD a municfpal corporation of the State of California
L 1 ATTEST: .3
Marietta June Mart&&. ,~~~ (print name here)
(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.)
APPROVED AS TO FORM: RONALD R. BALL
Deputy City Attorney VJc(,9~
7 Rev. 11/05/91
Individual AcKnowledgment 169 -
STATE OF CALIFORNIA
COUNTY OF r- /3/ 66’ 0
On A flfi I c 2 - _d
ss.
/! c before me, the undersigned, a Notary Public in and for said
County and State, personally appeared
3yd OLtC &i/o
mfwxQ=iJ xmw7d J+--,
WI /t&q 4 &- /TA SC/M- /7zJ?+v~ 4J
known to me to be the perso
arxnowledged that ~17122zt:h::~~~~~~
subscribed to the within instrument and
SPA-2 2178 Notary Public in and for said County and State I