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HomeMy WebLinkAboutFIA 92-09; Stanton, Margaret; 1992-0311888; Future Improvement Agreement/Release, I, . A RECORDING RE&ESTED BY AND ) ‘;oC # 1992-0311888 'WHEN RECORDED MAIL TO CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 21-nAY-lP92 02=12 WI UFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE (INNETTE EUbNS, ;;M&TY RECORDER : 0.00 Space above this line for Recor- derls use. CITY OF CARLSBAD Permit No. I- p, CB 92-0359 il&&xm. No, 206-180-48 ,( '_i MS mi time xl4PRQrns "' THIS is made byi'&& City of Carlsbad, a municipal corporation, Bexeinafter referred to as llCityl', an& Margaret Stanton, hereinafter referred to as "Property Qwner.qW ,, t. ,(, _( Rl!xwrALs ; _B '3 v In 0. Property Owner has applied to City for a Building Permit fi&&er' CB W-D359 for the real property hereinafter described,‘ now under Property CWnerls ownership: and WHEREAS, it has been found that said property is not suitable for development in its present condition, however said property would be suitable for development if certain public improvements hereinafter described are cunsWucted 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 AGREEMENTS\AG-12.FRM REV. 11/05/91 1 h /4 15 ‘1 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. in lieu of making the hereinafter d&crBbgd improv%ments before approval of said Building Permit is grant&d, agrees to install and construct, or cause to be installed or cantitructed, said improvements in accordance with plans and specifications approved by the City Engineer wfkhin sixty (60) days after written demand 8ti to do by City. Property Owner shall not be required to make said I improvetients before May 1, 1994, or within such farther period of time as is granted by City, provided, however, thaZl upon the happening af either of the following occurrences said improvements may, at the sale election of City, be required to be made sooner than said date or such extended period of time which may have been granted by City: (a) Whenthe'Cfty Council fin& that the owners of 40% or more of the frontage, incYu&Q+gthe 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 the City to form an improvement district for the improvement of AGREEMENTSWG-lP.FRM REV. 11/0!5/91 2 /4 said streets. 158 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 SIXTEEN THOUSAND FIVE HUNDRED SIXTY SIX AND 42/100 DOLLARS ($16,566.42). Property owner hereby acknowledges that said cost is a reasonable estim&te of engineering and construction costs at this time and'$%&'ebe actual cast of same at some time in the future gay &ceed this estimate. Section 2. That for *he faithful performance~of the promises and covenants here&$ contained, Property Owner hereby grants to City a lienupon the hereinafter described property in the amount of $16,566,42 phs any future increases of cost in exc&s of this sum resulting'from increased engineering and construct;fon costs, and in the sVmt Property Owner, Property Owner's &ccessors, heirs, asstgns, or transferees fail to install and construct said improvements in the manner and within the time specified herein, Property Cwner'agrees that City may do any or all of the follow- ing: (a) Have the necescary engineering for said improve- ments done, and fnst&%kr, aflia conMzuct said improvements by contract or otherwise. City ar 9ts 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 improvements. In the event same is not paid within thirty (30) days from completion, City may foreclose said lien as provided by AGREEMENBAG-12.FRM REV. 11/05/91 3 law for the loreclosure of mortgages. / 159 (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 remedy, legal or equitable (including those specifically referred to herein), for the foreclosure of a lien, and the Properly tier, Property Owner's successors, heirs, assigns and transZerrees, shall. be liable for reasonable attorney's fees as a test ,%n said proceedings. Section 3, Phht it is agreed Bhat anything herein contained to the contrary notwithstanding,‘ the promises and covenants made herein &hall mst be binding'upon the holders, mo&&tgees, or beneficfar%es of any purchase money mortgage or purchase money deed of trust for value which has been or may in the"future be executed by the Prcsperty Owner, Property Owner& successors, heirs, assigns ur transferees, and the lien horeby'created shall be and is hereby subordinated to and declared to bb inferior and subsequent in lien to'tihe lien of any such purchase money mortgage or purchase money deed af trust. The lien hereby created shall likewise be of no for@e or efftict 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 AGREEMENTWiG-12.FRM REV. 1 l/05/91 4 h ’ 160 estimated COSL 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 from the lien herein imposed. Section 5. Sai.4 City'~3&8ll not, nc)r shall any officer or employee thereof, Be liable or tiesponsible for any accident, loss or damage happening or -occur&ing to the work or improvements specified In thfa agreement prior to the completion and acceptance of the eszme, nor shall said City, nor any bffic4xr or employee thereof, be 1Sable for any persons or property injured,by reason of said work,or improvements, but all of said liabilitfq shall be ‘/ assumed by said Property Owner and Property Owner's au&cessors, heirs, aeosigm or transferees, and they shall save the City harmless from, and indemnify the City against, any and all claims, suits and liabflitfes of or to any person or property injured or claiming to be injure44 as a result of said work or improvements. Said Property Owner, &nd Prclperty owller's; successors, heirs, assigns or transferees, $%rkher agrees to protect said City and _ the officers and employees thereof from all liability or claim because of, or arising out of, the use of any patent or patented article in the construction of said improvement. Section 6. It is further agreed that said Property Owner will at all times up to the completion and acceptance of said work and improvements by the City, give good and adequate warning to the traveling public of any dangerous or defective conditions of public property. The Property Owner hereby agrees to pay for such AGREEMENTSAG-lP.FRM REV. 11/05/91 5 - 14 b 161 inspection oL improvements as may be required by the City Engineer of City. Section 7. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, assigns and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. " i ,( Section 8. A des&@~$S&'of the property referred to herein and upon which ;Isla26 alien is imposed is described as follows: Parcel A af Paroe% lib. 3.6064, in the City of Carlsbad, County of Diego, State of California, filed in the Office of the Cuunty Recorder of San Diego county, April 25, 1990, as File No. go-223820 of Official Records. seoiiun 9,. The required improvements to be cansitjructed and the estima&&d costs thereof are as' follows: J&@WIEMENTS Bngfaeering Lump Sum $2,006*00 Undergrounding of Overhead Utilities (107 LF @ $5O/LF) 5,350.oo Sidewalk - (535 SF @ $4/SF) 2t140.00 Curb & (;mtt&r (107 LF @ $15/LF) 2,605.QO 3" AC Pav$ntg 1,605.OO 6" Awegate Base (856 SF a 3,O&j@F) 2,636.48 Street Light JO? LF 500 Ll? x ($3,150) 674.10 i( $14,405.58 15% Contingency $2.160.84 /// /// /// /// /// /// AGREEMENTWG-lP.FRM REV. 11/05/91 TOTAL $16,566.42 / i c l .’ l . , . - 162 Executea by Property Owner this d(.J - day of* , - - .19 . 4-a PROPERTY OWNER Maraaret Stanton CITY OF CARLSBAD a municipal corporation of the State of California By: (print name here) 0 F" (title and organ&&on of-'sig&&ory) A!I?l%ST : ,, BY:- ,., (sign here) (print name hem) ,; 8, (title and organization of signatory) '-7; r--. ^_- ~,j$ (Proper notar&$l acknowledgement of executi& by must be attached) (President or vice-president and secretary or assistant secretary must sign for corpor&tions. 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 F&34: VINCENT F. BIOBDC, JR. City Attorney (( _, " : $' - By: fd-L& . Deputy City' Attorney s.792. AGREEMENTSMG-1 P.FRM REV. 1 l/05/91 personally appeared 0 ATTORNEY-IN-FACT q TRUSTEE(S) personally known q SUBSCRIBING WITNESS subscribed to the within instrument and ac- 0 GUARDIAN/CONSERVATOR knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING: acted, executed the instrument. NAME OF PERSON(S) OR ENTITY(IES) Witness my hand and official seal. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT Number of Pages D 1991 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave. - P.O. Box 7184 * Cancga Park. CA 91304-711