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HomeMy WebLinkAboutFIA 92-10; Ruiz, Elisa and Gerardo; 1992-0336826; Future Improvement Agreement/Releasef4 1043 MC II 1~~2-~33~~2~ RECORDING REQL,STED BY AND ) QL -JLH+-1992 08=4P AU WHEN RECORDED MAIL TO ; $FF!CI$i REC$n"Ds CITY OF CARLSBAD 1 $qi\i gqE$l #J#TY REfJRY"ER'S @FFICE 1200 Elm Avenue ANNETTE E#$S, CO#TY BEt"3f&!ER Carlsbad, CA 92008 i RF: p-, IO. 00 / x2= 2bJg -i r Space above this line for Recor- der's use. CITY OF CARLSBAD Permit No. CB 91-1597 ,Parcel No. 204-210-41 FOR l!‘YXWW PUBLZC mRU=S THIS AGRFXWWF is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as VVCitym, and Elisa and Gerardo RUiz, Hermelinda and Albert0 Cobian, hereinafter referred to as VropWty Owner." RECTTALS I Property Owner has applied to City for a Building Permit Numb@r CB 91-1597 for the real property hereinafter described, now under Property Owner's ownership: and WBEREAS, it has been found that said property is not suitable for development in its present condition, however said property would be suitable for develupmmt 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 WHl==S, 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 1 Rev. ll/O5/91 1050 F- WHEREAS, lroperty Owner, in consider,cion 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, TI-IEZEFORE, IT IS AGREED between the parties hereto as follows: Section 1. That l%qmAy Uimer, in lieu of making the hereinafter described improvements before approval of said building pernalt is granted, agrees to install and construct, or cause to be installed or constructed, said improvements in accordance with plans and specifications approved by the City Engineer within sixty (60) days after written demand so to do by City. Property Owner shall not be required to make said improvements before February 1, 1994, or within sudh further period of time as is granted by City, provided, however, that upon the happening of either of the following occurrences said improvements may, at the sole 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) 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 which the property herein described has frontage, have petitioned the City to form an improvement district for the improvement of 2 Rev. 11/05/91 e said streets. 7051 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 three thousand nine hundred ten and OO/lOO DOLLARS ($3,910) l Property owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction costs at this time and that the actual coat of same at some time in the future may exceed this estimate. " Section gr That far the faikhful perfo nce of the promises and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $3,910 pl.kus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, and in the event Property Owner, Property Owner's successor%, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time specified herein, Property Owner agrees that City may do any or all of the follow- ing: (a) Have the necessary engineering for said improve- ments done, and install and canstruct said improvements by contract or otherwise. City or its 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 3 Rev. 11/05/91 law for the fbreclosure 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 remedy, legal or equitable (including those specifically referred to herein), for the foreclosure of a lien, and the Property Owner, Property Qwner's successors, heirs, assigns and trans&rrees, shall be liable for reasonable attorney's febs as a cost in said proceedings. Section 3. That it is agreed that anything herein contained to the contrary notwithstanding, the promises and covenants made herein &hall not be binding upon the holders, mortgagees, or beneficiaries af any purchase money mortgage or purch&se money deed of trust for value which has been or may in the future be executed by the Property Owner, Property Ownerts successors, heirs, assigns or transferees, and the lien hereby created shall be and is hereby subordinated to and declared to be inferior and subsequent in lien ta the lien of any such purchase money mortgage or purchase money deed of trust. The lien hereby created shall likewise be of no force or effect against any 6wner 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 1053 ,- Q 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. SaAd cfey~ km&l mt, nor shall any officer or employee thereo0; b& liable or respoWible for any accident, loss or damage h~~~~i~ or cccqrrdng to the work or improvements specified Lnthie agreement prior to the cvmpletion and acceptance of the same, nor shall said City, nor any officer or employee thereof, be liaMe for any persuns or property injured'by reason of said Wcsc)c vr'improvements, but all of said liabilitiis shall be assumed by'sa&& Property Owner and Property Owtr&rts s&cessors, heirs, assigns' or transferees, and they shall save"‘the City -, harmless from, and indemnify the City against, any &ncl all claims, suits and 1iabflfPfes of or to any person or property injured or claiming to be fnjuhd as a result of ~$44 work cr improvements. Said Property Owner, and Property *nertS mmcessors, heirs, assigns or transfsreee, furttier agrees ta protect said City and the officers and employees '%b&reaf 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 5 Rev. 11/05/91 Jo54 inspection of 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. Section 8. A derpariptiicm bf the property referred to herein and upon which said lien is imposed is described as follows: LOT 20 QF MAWOLIA~ VII&AGE, IN: THE CITY OF CARLSBAD COUNTY OF SAN DIEGC, STATE OF CAlXFORRIA, ACCORDING TO MAP THEREOF NO. 5313, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// Rev. 11/05/91 A - .I055 Section 9. The required improvements to be constructed and the estimated costs thereof are as follows: IMPROVEMENTS ESTIMATED COSTS Underground Utilities - 68 L.F. $3,400.00 I +15% Contingency 510.00 3,910.oo Executed by Property Owner this /d day of J @n/u.&/r)/ -I 19 9a. PROPERTY OWNERS ;,~~~~~~~~~~ _( i- ), -? ii i' ;,.:r :;,;"r;: i_ ~; i, : _( Gerardo E ~lisa Ruiz,:,:;l:i:':‘I:,i'.:;-i.:':~~~~.:':':' : yi,::::, '. i-:biz~~~?"~ 'r. +iQF CARLSBAD a municipal k$&kion of the State-of IfoP .City Manager 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: VINCENT F. BIONDO, JR. Deputy City Attorney G27-7& 7 Rev. 11/05/91 . -I : /. 1 ’ ‘ c4 lo56 STATE OF CALIFORNIA ) COUNTY OF did Iodd Is' On 7&/P+ /Q 1992, before me the undersigned, a Notary Pu lit ? &4H*, Y 5 /Pi for/the State df California, personally appeared 1;7 u f*' proved to me on the basis of satisfactorv evidence to be the r&son whose name is subscribed to the within instrument, and acknowledged that he/she executed it. WITNESS my hand and official OFFICIAL SEAL NOTARY ‘IJHLIC-CALIFORNIA GEORGE GREENBERG PRINCIPAL OFFICE IN My Commission SAN DIEGO COUNTY Expires Sept. 5. 1992 STATE OF CALIFORNIA ) )ss COUNTY OF &i'~&L.) On Q%&H& /", 1992, before me the undersigned, a Notary Public &or the State df California, personally appeared /us d HP y /#&Ad,&> C88/44, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed it. WITNESS my hand and officialpeal. OFFICIAL SEAL NOTARY r’UHCIC-CAI ‘IORNIA GEORGE GREENBERG PillNCIPAi s.‘FkICF N SAN DIEGO COUNl-Y My Commission Expires Sept. 5. 1992