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HomeMy WebLinkAboutFIA 92-14; Johnson, Harry & Cynthia; 1992-0361003; Future Improvement Agreement/Release9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 28 27 28 m RECORDING REQudSTED BY AND ) WI t 1~~~-~361~#3 WHEN RECORDED MAIL TO 699 fb-w~-+w~~ I 1~x2 MI L CITY OF CARLSBAD i @-FiCIfit igE[gj@f 1200 Carlsbad Village Drive ) Sil-4 DIEGfj Ct#MfY RELQDER'S !'jF"ICE Carlsbad, CA 92008 1 #!ETIE Ej#fS : C&lHTy $ECfi&JEf: 4": 6 i 10,oo FEES: Z&N . tc nn tf? A%‘. “Y Space abo!!: this" ' Oine P for Recor- der's use. CITY OF CARLSBAD Permit No. CB 920195 Parwl No. 210-063-09 CONTRACT FOR FUTURE PUBLIC IMPRO?JEMEW!S THIS AGREEMENT is made by the City of Car&bad, a municipal corporation, hereinafter referred to as @*City", and Harry F. Johnson and Cynthia D. Johnson, hereinafter referred to as "Property Owner." RECITAIS WHEREAS, Property Owner has applied to City for a Building Permit Number CB 92-0195 for the real property hereinafter described, now under Property Owner's ownership: and WHEREAS, it has been found that said property is not suitable for development in its present condition, however said property would be suitable for development if certain public improvements hereinafter described are constructed and certain irrevocable offers of dedication are made to City: and -, the Municipal Code of City requires certain improvements and dedications as a condition of approval of this building permit; and =-, Property Owner has requested that approval of said building permit be granted by City in advance of the time said improvements are to be made; and 1 Rev. 11/05/91 C/A on- II , ._. -4 i , ,- - 700 WHEREAS, property Owner, in considerUiion of the approval of 'said building permit desires to enter into this agreement securing the construction of said improvements, and City has determined it to be in the public interest to agree to temporarily postpone said construction; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: ; "- ._ _- ‘(ii',, Section 1. That &&&$ee~ &a reccrd any irrevocable offers of dedication &de by Pr@@erty Owner for one foot strip of land adjacent to C%WlsbarP BoulevarCjlr Section 8 i 'That Property' Cwner, in lieu of making the hereinaftsr described improvements before approval of said building pemit is granted, agrees to install and condtruct, or cause to be installed or constructed, said imprW&nents in accordanoe wf'tfr plans and specifications approved by,the City Engineer wfain sixty (60) days after written demand so to do by City. Property Owner shall not be required to make said improvements befcirllia May 1, 1993, or within such further period of time as is granted by City, provided, however, that upon the happening of either of the forlowing occurrences said improvements may, at the sole election of City, be required to be made sooner than said date or such extendsif 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, 2 Rev. 11/05/91 m r”4 h between intersecting streets on both slues of the street upon ' which the property herein described has frontage, 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 eleven ~~~~~~~ s&v&n hundred forty-two and 65/100 DOLLARS ($11,?42.64). Property owner hereby acknowledges that said cost is & reasonable estimate of engineering and construction costs at this time and that the actual cost of same at some time in the future,,Wky exceed this estimate. Srscti.on i&e That for the faifthful performance of the promises and coWnaM!%# herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in'the amount of $11,742.65 plus any future increases of cost in #xcsss of this sum resulting fram increased engineering and construction costs, and in tha event Property Owner, Property Owner@e successors, heirs, assigns, or'trllihsferees fail to instaX and construct said improvements in the manner and within the time specified herein, Property Owner agrees %h&t City may do any or all of the follow- ing: (a) Have the necessary engineering for said improve- ments done, and install and construct said improvements by contract or otherwise. City or its contractor and contractor's employees may enter upon any portion or portions of the property reasonably necessary for said engineering and construction, and the entire cost and expense shall be charged against said property and payable by said Property Owner, Property Owner's successors, 3 Rev. 11/05/91 - . . _ - . . . . mz - m heirs, assigns ortransferrees immediately upon completion of said improvements. In the event same is not paid within thirty (30) days from completion, City may foreclose said lien as provided by law for the foreclosure of mortgages. (b) Direct the City Engineer to estimate the cost of necessary engineering, and the work required to install and construct said improvements, and foreclose said lien in said - amount. (c) i42ksde arr$ rimsay, legal or ewitable (including those specifioally @oferr%! to h&rein), for the foreclosure of a lien, and the Progezty Owner, Pruperty Owner's successors, heirs, assigns and transferrees, shall be liable for reasonable attorney*9 fm@ as a cost in, said proceedings. ~tian 4' * That it is agreed that anything herein contained to the ccmtraw notwithstanding, the promises and cove&ants made herein shall not be binding upon the holders, mortghgees, or I beneficfarPes 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 'isroperty Owner, Property Owner's successors, heirs, assigns or transferees,' and the lien hereby created shall be and is hereby subai-din#W&~ to and declared to be inferior and I subsequent in lien to 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 owner whose title to the property hereinafter described is acquired by or as a result of a foreclosure or trustees1 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, 4 Rev. 11/05/91 .’ . . II .- h, 703 . a * 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 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 ,i deposit or posting a&iie&f~o& %?he provisions of this agreement, and to execute any neces&& release to enable the record title of / I the property! &S be relsas& fro; the lien herein imposed. Section 6 c Said City shall not, nor shall any officer or employee Szhemrof, be liable or responsible for any accident, loss or damage h&pp@ing or occurring to the work or improvements specified fn this agreement prior to the completion and icceptance of the same, nor shall said City, nor any officer ok employee thereof, be liable? fur any persons or property injured by reason of said work or improvements, but all af said,li&biliti@s shall be assumed by saiCp ,Property Owner and Property Owner@s successors, heirs, assigns or trmaferees, and they shall save the City harmless from, an& indemnify the City against,. any and all claims, suits and liabilities of or to 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 5 Rev. 11/05/91 . ., . > -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II /4 n and improvements by the City, give good and adeguat 7gkarning to . the traveling public of any dangerous or defective 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, and create an equitable servitude upon said real property. Section 9. A description of the property referred to herein and upon which said lien is imposed is described as follows: LOT 42 OF TERRAMAR UNIT NO. 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2696 RECORDED SEPTEMBER 6, 1950 AS FILE NO. 101319. /// I// /// /// /// /// /// /// /// /// /// /// /// /// I// Rev. 11/05/91 . *. Section -. The required improvemer- to be constructed and . the estimated costs thereof are as follows: . . IMPROVEMENTS ESTIMATED COSTS Engineering Lump Sum $ 2,ooo.oo Curb &I Gutter 120 LF @ $15/LF $ 1,800.OO Sidewalk 300 SF @ $4/SF $ 1,200.00 3" AC Paving/6 w Aggregate Base 1200 SF @ $~.o~/sF $ 3,696.OO Median Treatment Concrete 90 SF @ $4/SF $360.00 Landscaping 330 SF @ 3.50/SF $ 1.155.00 $10,211.00 +15% ConUnqe~ $ 1.531.65 $%1,742.65 Executed-by'PrQp8rtyl 8wnc3r this -I ~~~= m day Of /nA-v PROPERTY ER CfTY OF CARLSBAD a municipal corporation of the State of California ATTEST: Cvnthia D. Johnson (print name here) City Clerk (title and organization II (Proper notarial acknowledgement 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 7 Rev. 11/05/91 STATE OF -. ss. COUNTY OF IaT- 3 . OFFICIAL SEAL P 1 BAfiBARA ANN MILES NOTARY PUBLIC - CALIFORNIA 1 PRINCIPAL OFFICE IN SAN OIEGO COUNTY Mv bmmission wires-March 29. 1994 ACKNOWLEOGMENT-GsnOral-WOlCOlt.3 Form 2SSCA--Rev. 5-92 01982 WULCOTTS. INC. lorlca class 8.2) On this 8 day of ./1/)A\/, in the year 19% 1 (or proved to me on the basis of satisfactory evidence) to be the person3 whose name?. -<subscribed to the within instrument, and acknowledged to me that Meg executed it. WITNESS my hand and official seal. Notary Public in and for said State.