HomeMy WebLinkAboutFIA 92-14; Johnson, Harry & Cynthia; 1992-0361003; Future Improvement Agreement/Release9
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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 $ECfi&JEf: 4": 6 i 10,oo FEES: Z&N . tc nn tf? A%‘. “Y
Space abo!!: this" ' Oine P for Recor- der's use. CITY OF CARLSBAD Permit No. CB 920195
Parwl No. 210-063-09
CONTRACT FOR FUTURE PUBLIC IMPRO?JEMEW!S
THIS AGREEMENT is made by the City of Car&bad, a municipal
corporation, hereinafter referred to as @*City", and Harry F.
Johnson and Cynthia D. Johnson, hereinafter referred to as
"Property Owner."
RECITAIS
WHEREAS, Property Owner has applied to City for a Building
Permit Number CB 92-0195 for the real property hereinafter
described, now under Property Owner's ownership: and
WHEREAS, it has been found that said property is not suitable
for development in its present condition, however said property
would be suitable for development if certain public improvements
hereinafter described are constructed and certain irrevocable
offers of dedication are made to City: and
-, the Municipal Code of City requires certain
improvements and dedications as a condition of approval of this
building permit; and
=-, Property Owner has requested that approval of said
building permit be granted by City in advance of the time said
improvements are to be made; and
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WHEREAS, property Owner, in considerUiion of the approval of
'said building permit desires to enter into this agreement securing
the construction of said improvements, and City has determined it
to be in the public interest to agree to temporarily postpone said
construction;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows: ; "- ._ _- ‘(ii',,
Section 1. That &&&$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
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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 $11,742.65 plus any future increases of cost in #xcsss of this
sum resulting fram increased engineering and construction costs,
and in tha event Property Owner, Property Owner@e successors,
heirs, assigns, or'trllihsferees fail to instaX and construct said
improvements in the manner and within the time specified herein,
Property Owner agrees %h&t City may do any or all of the follow-
ing:
(a) Have the necessary engineering for said improve-
ments done, and install and construct said improvements by
contract or otherwise. City or its contractor and contractor's
employees may enter upon any portion or portions of the property
reasonably necessary for said engineering and construction, and
the entire cost and expense shall be charged against said property
and payable by said Property Owner, Property Owner's successors,
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heirs, assigns ortransferrees immediately upon completion of said
improvements. In the event same is not paid within thirty (30)
days from completion, City may foreclose said lien as provided by
law for the foreclosure of mortgages.
(b) Direct the City Engineer to estimate the cost of
necessary engineering, and the work required to install and
construct said improvements, and foreclose said lien in said -
amount.
(c) i42ksde arr$ 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,
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. 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
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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.
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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.