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HomeMy WebLinkAboutFIA 92-21; Thacker, Neville I.; 1992-0463493; Future Improvement Agreement/Release. - , ‘ 1 l kl 0 / 4 \ “CIC 8 1992-0463493 6&35+-~~~--19~2 02=13 pm RECORDING REQUESTED BY AND ) OFFfCIfk RECORDS WHEN RECORDED MAIL TO C;ty Clef k ; SAN DIEGO COUHTY RECilRDER’S OFFICE : : CITY OF CARLSBAD 1 RFBHNETTE EY;ti;; &~~~~~E~E~~R~ER is: 00 20.0 1200 Carlsbad Village Dr. ) Carlsbad, CA 92008 1 1.00 Space above this line for Recor- $&ztr; use. CB 92-0302 207-054-03 FXA NO. 92?021 COl@&S&CT FOR FUTURE WBLIC IMPRCVEMENTS is made by the City of Carlsbad, amunicipal corporation, hereinafter referred to as IlCity", and Seville I. Thacker, hereinafter referred to as "Property Owner." RECITALS WBER&&$; Sirgperty Owner has applied to City for a building permit No. CB 91-0302 for the real property hereinafter described, now under Pr r&p-Cwner's ownership; and WHEREAS, i-2: has been four& 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 1 Rev. 11/05/91 . . *. , I I - ? 641 improvements are to be made; and WHEREAS, Property Owner, in consideration 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; a .( ,"' NOW, THERE D between the parties hereto as follows: _ Sectida~ t; x"~'&~~ @g-e* '&&&j'& &cord any irpev0cable offers of dedication made by Property (I)wner for (NUNE REQUIRED). Section 2, That Property Owner, in lieu of making the hereinafter described improvements before approval of said building permit is granted, agrees to install and con&uct, or cause ta ‘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 July 3, 1994, ar w&thin such further period of time as is granted by City, pravfded, however, that upon the happening of either of the folluw$ng dcGurrences said improvements may, at the sole election of City, be reguired to be made sooner than said date or such extended period of time which may have been granted by City: (a) When the City Council finds that the owners of 40% or more of the frontage, including the frontage of Property Owner, between intersecting streets on both sides of the street upon which the property herein described has frontage, have agreed with City to install street improvements to-City specifications. 2 Rev. 11/05/91 . . ‘. . ,- 642 (b) When owners of more than 50% of the frontage, between intersecting streets on both sides of the street upon which the property herein described has frontage, have petitioned the City to form an improvement district for the improvement of said streets. (( (0 Said improvements ~~~~~~~~~~~,,~~d~ without cost or expense to City. City estia&fb~ that 'the cost of engineering and construction of said improvement at the t2me of signing this contract is Wven tho nd nine :$Wndred seventy'five and OO/lOO DOLLARS ($7,975.W). 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 tiay exceed this estimate. . . That for the faithful performance afthe promises and covenants herein contained, Property Owner hereby grants to City a lit&n upon the hereinafter described property in the amount of $7,975.00 plus any future increases of cost in excess of this sum resulting from incre$aed enginemring and construction costs, and in the event 'Pruperty Wner, Property Owner's successors, heirs, assigns, or trans2Wr&es Ea%l tu 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 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 3 Rev. 11/05/91 . . / . . P r? 643 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 law for the foreclosure of _,' '., (b) " '" -' D&Wt~~thk' dity'~%ngineer to estimate the cost of necessary engineering, and the work required to install and construct 's&X' improv e&s ) ~$3 foreclose said lien in said amount. / : (c) pursue any remedy, legal or equitable (including those specifically referred to herein), for the foreclosure of a lien, a&l the Property Owner, Property Owner's success&s, heirs, assigns; and :transferrees, shall be liable for reasonable attorney's Fees as a cost in said proceedings. Se&ion 4. That it is agreed that anything herein contained to the contrary notwithstanding, the promises and covenants made herein shall not be bindtng upon the holders, mortgagees, or beneficiaries of any purclrase money mortgage or purchase money deed of trust for value which has been or may in the future be executed by the Property Owner, Property Owner's successors, heirs, assigns or transferees, and the lien hereby created shall be and is hereby subordinated to and declared to be inferior and subsequent in lien to the lien of any such purchase money mortgage or purchase money deed of trust. The lien hereby created shall likewise be of no force or effect against any owner whose title to the property hereinafter described is acquired by or as a result of a foreclosure or trustees' sale of any such purchase money 4 Rev. 11/05/91 h h 644 mortgage or purchase money deed of trust. Section 5. That at any time during the period herein provided, the Property Owner, Property Owner's successors, heirs, assigns or transferees may deposit a cash bond or post a surety performance bond satisfactory to the City to charge said surety with the cost of said ~~~r~~~~~t~~ the amount of bond to be the estimated cost of &~$%~eeri~g andimprovements at the time of such deposit or posting as ascmtained by the City Engineer, and that upon depo&t @f said cash 0% pustfng of said bond the City agrees to release the property, or any portion of it as to which said depositor 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 fmposed. sectian . ..$t Said City shall not, nor shall any officer or employee thereM, be Mable or respons9ble for any accident, loss or damage halprpsnslng or occurring to the work or improvements specified in this agreement prior to the comp$etion and acceptance of the same, nor shall htriid CPty, nor any officer or employee thereof, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by said Property Owner and Property Owner's successors, heirs, assigns or transferees, and they shall save the City harmless from, and 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 5 Rev. 11/05/91 . ‘*. \ . 645 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 the traveling public of any,&artgerous or defective conditions of public property. tie prolpsrty uwn er hereby agrees to pay for such inspection of jimprovements'as may be required by the City Engineer of City. Sectlfon a. 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 propertyt Section 0.' A description of the property referredto herein and upon which said lien is imposed is described as follows: LOT 50, CARX@B&D ESTATES, ACCORDING TQ N!XP NO. 3019 RECORDED Ik‘J THE OFFICE OF THE SAM DIFGO COUNTY RECORDER AUGUST 7, 1953. /// / 0 /// _ /// /// /// /// /I/ /// /// /// 6 Rev. II/OS/91 h ? 646 Section 10. The required improvements to be constructed and the estimated costs thereof are as follows: IMPROVEMENTS ESTIMATED COSTS Engineering Lump Sum $2,000.00 Curb & Gutter 141 LF @ $15.00/LF 2,115.OO Sidewalk 705 SF @ 4.00/SF 2,820.oo 6,935.OO +15% Contingency 1.040.00 TOTAL 7,975.oo Executed by Pmeerty Owner this 19$q/. Lf d&Y ~,f$z2fg-/ CITY OF CARLSBAD a municipal corporation of the State of California Nevill? X.,J&&qker (print nama here) for City Manager Owner ATTEST: (title and organisation of signatory) By: (sign here! (print name here) City Clerk (title and organiza0ion uf signatory) (Proper notarial acknowledgementof 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 By: 7 Rev. 11/05/91 &ATE OF CALIFORNIA -? COUNTY OF . *arm I ,on July 17, 1992 before me, R.M. Johnson , , Notary Public, personally appeared **Neville I. Thacker** personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the ent and acknowledged to me that he/she/they same in his/her/their authorized capacity(ies) /her/their signature(s) on the instrument the p entity upon behalf of R.M. JOHNSON which the person(s) acte NOTARY PUBLGCALIFORNIA PRINCIPAL CFFICE IN . SF-9474-8 (Rev. A- 11190) (CA)