HomeMy WebLinkAboutFIA 92-11; McCann, Deborah & Kevin; 1992-0343124; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY AND ) fjt'IpfiL REpJRljS
WHEN RECORDED MAIL TO
CITY OF CARLSBAD I
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1200 Carlsbad Village Dr. ) 4': 15, &
Carlsbad, CA 92008 1 kt: I,{$
Space above this line for Recor-
CB 92-0467
F%krcel No, 167-124-03 /
II - --(~~ ~‘1 (,’ ,B. iizamRAcT FOR Fopl?jRE l?lmmc IHPRor7ElmNTs
'is made by the City of Carlsbad, a municipal
corporatilan, he%%?inafter referred to as @%ity", and lkborah S.
MC Cann& Kevin E. MC Cann, hereinafter referred to asnproperty
Owner.",: :, :'il , '.,;( ,: (_ .( RE~ALS : ,' * 0 ; 3,:' L :,; -; ,: /: '1 $1 WB%REW c 'JWoperlzy Owner has applied to City for '& Building
Permit r'~CB 92-8467 for the real pruperty hereinafter
described, now under Property Owner's ownership; and
WHEREAS, it has been found that said property is not suitable
for development in its present cundition, however said property
would be suitable for devcnl nt 3P certain public improvements
hereinafter described are constructed and certain irrevocable
offers of dedication are made to City; and
-, the Municipal Code of City requires certain
improvements and dedications as a condition of approval of this
building permit: and
-, Property Owner has requested that approval of said
building permit be granted by City in advance of the time said
improvements are to be made; and
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WHEREAS, rroperty Owner, in consideraLion of the approval of
said building permit desires to enter into this agreement securing
the construction of said improvements, and City has determined it
to be in the public interest to agree to temporarily postpone said
construction;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows: 0 ,,i-. ,: (, ,_ ', ii )' i (,(
Section 1. Tha% ~~~~'~~~~~~'t~ recpdrd any irrevocable offers
of dedication ma&e,by Property Owner for .
Section, 1; That Pr&&rtp'Cwnsr,' 'in lieu of making the
hereinafter described imprcvements before approval of said
building per&it is granted, agrees to install and construct, or
cause to bei installed or constructed, said improvements in
accordance w$tb plans and specifications approved by"'the City
Engine& within sixty (60) days after written demand &&to do by
City. Property -tier shall not be required to '&ke said
improvemen%& before June 1, 1993, or within such further period of
time as is granted by City, provided, however, that upon the
happening of either of me following occurrences said improvements
may, at the sole electi& of Cfty, be required to be made sooner
than said date or srich &tended 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
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h -
which the property herein descr ai?8 has frtintage, 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 seven thousand six hundred twenty-four and 50/100
DOLLARS ($7,624.50). Prop&&y &arerhereby acknowledges that said
cost is a reasonaWe estfmate of engineering and construction
costs at this time and that the actual cost of same at some time
in the fu&re ztq? exceed this estimate.
That for the faithful performance of the promises
and cov&aftts herein cont&in%d, Property Owner hereb"Qrants to
City a Zfen up&n the hereinafter described property in &e amount
of $7,62Q.50 plus any future increases of cost in exc&s of this
sum resuitr;'%ng from increased engineering and construct&n costs,
and in the event Property Owner, Property Owner's successors,
heirs, assjtgns, or transferees fail to instaX and construct said
improvements in *he manner and within the time specified herein,
Property Owner agrrees that City may do any or all of the follow-
ing: : ., ), ,o- ,:,:,'.
ments done, and install and construct 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
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. , . . 370
improvements. In the event same is not pdid within thirty (30)
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. )_ i ,: -'( I (, ,', $ "1.:. ;,:,::>~-; A,, ;:i, ,‘ (cl Pursue ~~~~~~~~~,; legal or equitable (including
those specifically refckrperrj to herein), for the foreclosure of a
lien, and the 'PWperty Q&a?, Phperty Owneres successors, heirs,
assigns and tranafirrees, shall be liable for reasonable
attorney's feFbr~: a8 a cost in said proceedings.
Ii0 1' ,: saat n 4 That it is agretckd that anything herein contained
to the contrary notwithstanding, the promises and coveAnts made
herein shall not be binding upon the holders, moti&gees, or
beneficl&ries of any purchase money mortgage CIS purchase money
deed of trust for value which has been or may in the 'future be
executed By the! Property Owner, Property Owner's 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 tr&*.' 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 5. 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
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/4 37i - performance bond satisfactory to the City to charge said surety
with the cost of said improvements; the amount of bond to be the
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 ne~sW&ry'~relWse tu enable the record title of
the property to be relea;set from the lien herein imposed.
Section q. Said thy s&aU not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss
or damage happening or occurring to the work or improvements
specified in tbiir agreement prior to the completion and Acceptance
of the same; nor shall said City, nor any officer cr.,employee
thereof, &e liable for any persons or property injureti:"by reason
of said'workor improvemeWs, but all of said liabilities shall be
assumed by #aid Property Owner and Property Owner*s successors,
heirs, ass$qns ar transferees, and they shall save the City
harmless from, an& indemifythe City against, any and all claims,
suits and liabifities of or ta any person or property injured or
claiming to be injured as a result of said work or improvements.
Said Property Owner, and ProPerty Owner's successors, heirs,
assigns or transferees, further 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 7. 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
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.- 372 - the traveling public of any dangerous or befective conditions of
public property. The Property Owner hereby agrees to pay for such
inspection of improvements as may be required by the City Engineer
of City.
Section 8. 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, &I'& c&&&e &n equiWb3e servitude upon said
real property, '
Section 8, A descrQpkft& of *be property referred to herein
and upon which said lien is itipcsed is described as follows:
LOT 50 OF SEACREST ESTATES UNIT NO. 2 IN TEE CITY OF CARISBAD; ACCORDING TO MAP THEREOF NO. 4280, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGG COUNTY
JVLX 28, 1959.
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Section Iv. The required improvemenL& to be constructed and
the estimated costs thereof are as follows:
IMPROVEMENTS UNIT COST UNIT ESTIMATED COSTS
Engineering Lump Sum $1,000.00 1 Undergrounding of Power Lines $50.00/LF $1,000.00 100 LF Street Lights $5,000.00 $3,150/500 LF 100 LF $ 630.00 Subtotal +15% Contingency $6,630.00 994.50 TOTAL $7,624.50
Executed by Propert@ -' _‘( i(:'o ':'k&is 2d day of dti 19 9%-. 4 I
PROPERTY OWNER' CITY OF CARLSBAD a municipal
Kevin E. Mc Cann and corporation of the State of California
Kevin E.J&&,&&@ (print nLnQs- ‘he=)
Deborah S. Xc Cann (print name hers)
for City Manager ),
3, , A: I il ii-$" i 11, ATTEST2 )..' &&.2
tory1 ‘"x
tLidct&& ALETHARAUTEHKl&,NO City Clerk
i- (title and organi%at$oti of~s'~~&tory)
(Proper notarial a~k~~~~dg~~nt 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 Acting City Attorney
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374
P STATE OF CALIF NIA 19s. E COUNTY OF F an Dieqo ) E
s f-J”- May 20, 1992 ,before me, the undersigned, a Notary Public in and for
0) E said State, personally appeared Kev’ m E. ?+X!ann
I
c . e iT personally known to me (or proved to me on the basis of satis-
0 factory evidence) to be the person(s) whose name(s) .Mare sub-
3 5 scribed to the within instrument and acknowledged to me that 2
= !3@@fi&they executed the same.
g
s WITNESS my hand and official seal.
Td
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