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.
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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
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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