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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 1 Rev. 11/05/91 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 2 Rev. 11/05/91 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 3 Rev. 11/05/91 521 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~$1ly referred to herein), ,'_ for the forecld&ure of a lien, an8 We Woperty Owner, Property Owner's successors, heirs, assigns and transferrees, shall be liable for reasonable attorneyve fess a#@ a cost in said proceedings, Section 4. That it is agreed that anything herein contained to the contrary notwithstanding, the prczmises and covenants made herein shall not be binding upon the holders, mortgagees, or beneficiaries of any pur&l?asa money~mortgage or purchase money deed of trust for value which has been or may in the future be executed by the Property Owner, Property Owner's successors, heirs, assigns or transferees, and the lien hereby created shall be and is hereby subordinated to and declared to be inferior and subsequent in lien to the lien of any such purchase money mortgage or purchase money deed of trust. The lien hereby created shall likewise be of no force or effect against any owner whose title to the property hereinafter described is acquired by or as a result 4 Rev. 11/05/91 . . of a foreclosure or trustees' sale of any such purchase money mortgage or purchase money deed of trust. Section 5. That at any time during the period herein provided, the Property Owner, Property Owner's successors, heirs, assigns or transferees may deposit a cash bond or post a surety performance bond satisf~~~~'~1~~"'~t3he 'City to charge said surety with the cost of ~sa$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 5 Rev. 11/05/91 ,- 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. /// /// /// /// /// /// Section &. 'A description of the property referred to herein 6 Rev. 11/05/91 . . .- - 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 coudyofsanDiego 525 ~forc mc,- c. spmca. pereooslly 4v-d : LhM,s I(. c-&iJ u,m(OCpIWdd10M~thCbasjaoflatief~svidence)lobctbe~n)whoetname(8)ir/ucPlbrcnlbedtothewithininstnuncot 8xKl ac~lcdgod Si (SM 1 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