HomeMy WebLinkAboutFIA 92-09; Stanton, Margaret; 1992-0311888; Future Improvement Agreement/Release, I,
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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
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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. 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
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/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
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AGREEMENTWG-lP.FRM REV. 11/05/91
TOTAL $16,566.42
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Executea by Property Owner this d(.J - day of* , - - .19 . 4-a PROPERTY OWNER
Maraaret Stanton
CITY OF CARLSBAD a municipal corporation of the State of California
By:
(print name here) 0 F"
(title and organ&&on of-'sig&&ory) A!I?l%ST :
,,
BY:- ,., (sign here)
(print name hem)
,; 8,
(title and organization of signatory) '-7; r--. ^_- ~,j$ (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