HomeMy WebLinkAboutFIA 92-23; Guerin, Chris K. and Brenda B.; 1992-0530212; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO 1
Cif Od C~9r/S&4~ ; P CI Y OF CARLSBAD 1200 Carlsbad Village Dr. )
Carlsbad, CA 92008 1
Space above this line for Recor-
CB 92-0624
F&e1 No. * 207-062-02
CON$?ZKT FOR FUTURE PUBLIC II"IPRWE?@Wl?~
d _( 'I!Ens is maae by'the City of Carlsbacl~amunicipal
corporatio$;. hereinafter referred to as I'Cityl', anflchris K.
Guerin and Brenda B. Guerin, hereinafter referred to a&Property
RECZTALS
WBEREZW, Property~Owner has applied to City far a Building
Permit Number CB 92-0624 for the real property hereinafter
described, now under Prkperty Owner's ownership; and
WHEREAS, it has been _found that said property is not suitable
for development in its presentcondition, 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 Nunicipal 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
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h
Building Permit be granted by City in advance of the time said
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 int~~~~~,~~~,~~--" b to temporarily postpone said
construction: ',),
NOW, , TT :$3: between the parties hereto as
follows: (i .;-/'
Sect&p ,&. "&at City agrees tc record any irrevocable offers
of dedicliitiion &de by Property Owner for (None~Reguired).
_, * That Property Owner, in lieu of king the
hereina$%er described improvements' before approval" of said
Building ~~~~~ is granted, agrees to install end con&ruct, or
cause to be insta!L&a or constructed, said improvements in
accordance pj;fti"'@Lans and specifications approved by the City ,, Engineer within Efi&ty (60) days after written demand so to do by
City. Property Owner shall not be required to make said
improvements before August 1, 1994, or within such further period
of time as is granted byi'@it;Y,~ -provided, however, that upon the
happening of either of the following occurrences said improvements
may I 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
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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
said streets.
Said improv be':~made without cost or expense to ! City. City +&imateY '&at' &he cost of engineering and
construction of said fmps t at the time of signing this
contract fs 'Twenty &even Thou&n& Twenty Five and 'OO/lOO DOLLARS
($27,025): Property owner hereby acknowledges that 4&&d cost is
a reasoglahle estimate of engineering and constru&l&?~~costs at ; ,I
this t$met &d that the actual cost of same at 8om t&e in the :
ed this estimate. "'F Z'$l( 7 % 2 ; I( , '1 i "Sk 1, ye.., .i. the faithful performance of 4&e promises
and coven&nts~IWz&,n contained, Property Owner hereby grants to
City a lieit upon t ~'hereinafter described proper"lry in the amount
of $27,025 plus'any,f~~~~i,~~~~~~~~ of cost in excess of this sum
resulting from in&W&&X ehg&eer%ng an& construction costs, and 3 :,,
in the event Property ertk Owner's successors, 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 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
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521
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 or transferrees immediately upon completion of said
improvements. In the event same is not paid within thirty (30)
days from completion, P&lose said lien as provided by
law for the forecloture ~oP'mor$$$ges,
(b)' Dfrect th&&&y-'Engineer to esttmate the cost of
necessary engineering, and the work required to install and
construct said $mprovements, and foreclose said lien in said
amount. ', _, (. (c) --'Pursue any remedy, legal or equi.tabXe '(including ,*
those &~c'%ficz~$1ly referred to herein), ,'_ for the forecld&ure of a
lien, an8 We Woperty Owner, Property Owner's successors, heirs,
assigns and transferrees, shall be liable for reasonable
attorneyve fess a#@ a cost in said proceedings,
Section 4. That it is agreed that anything herein contained
to the contrary notwithstanding, the prczmises and covenants made
herein shall not be binding upon the holders, mortgagees, or
beneficiaries of any pur&l?asa money~mortgage or purchase money
deed of trust for value which has been or may in the future be
executed by the Property Owner, Property Owner's successors,
heirs, assigns or transferees, and the lien hereby created shall
be and is hereby subordinated to and declared to be inferior and
subsequent in lien to the lien of any such purchase money mortgage
or purchase money deed of trust. The lien hereby created shall
likewise be of no force or effect against any owner whose title to
the property hereinafter described is acquired by or as a result
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. .
of a foreclosure or trustees' sale of any such purchase money
mortgage or purchase money deed of trust.
Section 5. That at any time during the period herein
provided, the Property Owner, Property Owner's successors, heirs,
assigns or transferees may deposit a cash bond or post a surety
performance bond satisf~~~~'~1~~"'~t3he 'City to charge said surety
with the cost of ~sa$A imp$ovements; the amount of bond to be the
estimated co&of engineeri@ and improvements at the time of such
deposit or posting as ascertainesd by the City Engineer, and that
upon deposit of said cash or pobtfng 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 4x3 be,released from the lien herein fmposeg. 0
Section 6, Said City shall not, nor shall any officer or
employee tm&re&f~ be liable or responsible for any accident, loss
or damage hecppening or occurring to the work or improvements
specified in this agreement prior to the completion and acceptance
of the same, nor shall said City, nor any officer or employee
thereof, be liable for ~~~'~~~~~~~~~~ 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
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,- 523
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 '~~~~~'~'~~~~ good and adequate warning to
the traveling public of any daingerous or defective conditions of
public property. 2 The Property Owner hereby agrees to pay for such
inspection of,improvements as may be required by the City Engineer
of City.
SeCtion &., cfhis agreement and the covenants contafhed herein
shall be binding upon and inure to the benefit of the successors,
heirs, assigns and transferees of Property Owner, shall' run with
said red1 property,‘ and create an equitable servitude 'upon said
real property.
and upon which mid lien is imposed is described as follows:
LOT 1 OF CARLSBAD ~~~~~~, IN THE CITY OF CARLSBAD, COUNTY OF SAM DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 2647, FILED IM THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1950.
EXCEPTING THEREFROM THE-*&~&~~~STERLY 125 FEET THEREOF THE SOUTHEASTERLY LINE OF SAID EXCEPTED PORTION BEIN;: PARALLEL WITH AND DISTANT 125 FEET SOUTHEASTERLY AT RIGHT ANGLES FROM THE NORTHWESTERLY LINE OF SAID LOT 1.
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Section &. 'A description of the property referred to herein
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.
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.- - 524
Section Ic). The required improvements to be constructed and
the estimated costs thereof are as follows:
IMPROVEMENTS ESTIMATED COSTS
Engineering Ls $3,000.00 Curb f Gutter 289 LF 4,300.oo Sidewalk 1445 Sq. Ft. 5,800.OO Base & AC Paving 2400 Sq. Ft. 7,200.OO Street Light 3.200.00 $23,500.00 +15% Contingency : 3.525.00 ("_ 1: '_ (‘ $27,025.00
Executed by ,~~~~~~~~"~n~~ &is 19qt. 3g day of .-ASjEL
PROPERTY 0-R ' CITY OF CARLSBAD a municipal corporation of the State of
Chr;s I$ i&y v&l * Bd& g?$I$zf" (Name of Prapeyrty Owner)
By: &&j c&
(sign here)
Chris i!Z,GuSr~ (print name here)
ALETHA RAWTENKRANZ Brenda B. Guerin, City Clerk (print name here)
8 VW&l EL I;r++
(title and organizat$on of: signatory)
(Proper notarial acknowledgemen 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 City Attorney
By: Deputy Cityuttorney
7 Rev. 11/05/91
St&c ofcalifornia
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THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUAGNT DESCRIBED.
v-
Title or Type of Document: 3~ ~PrOur:Yw I& Number of Pages: , ”
Date of Document: F-3 -ye