HomeMy WebLinkAboutFIA 92-24; McNulty, Jerry and Shiella; 1992-0511889; Future Improvement Agreement/ReleaseC
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO
C‘Y Cfer& CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008
1657 !T #I 1~~~-~~1188~ 13--ALE-1992 02:34 PH
WICIAL RECORDS VtN I)IEGEI CDUHTY RECORDER’S OFFICE L Cr!MTTE E;;tG; C~~~~~E~C~R~ER
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Space above this line for Recor- ,&x%3 use. (- : j(/ ,C'(_ ,, :$X&j% o%? CARLSBAD ?&&&.t No, CB 92-0580
Parcel No. ...2o7-085-03 FIA: No, .,92-0824
C!CRTR&'CT FOR FW%RE PUBLIC IMPROVEMENTS
fs made by the City of Carlsbad, 6 municipal
corporzlt~otij &&reinafter referred to as WtCitylf, and Je&$y McNulty
and Sh'&&la IWNulty, hereinafter referred to as tRPropez&y 0wner.l'
: RECITALS ,' -, . . ,: WHERE&S '@koperty~ Owner has applied to City for a Building
Permit Number CB 92-0580 for the real property hereinafter
described, now under Property Owner's ownership; and .,. * '1 ;
WHEREAS, it has been found&t said property is not suitable
for development in '%t% 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
=-I Property Owner has requested that approval of said
Building Permit be granted by City in advance of the time said
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improvements are to be made; and
WHERBAS, 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; .?,,.": ,:i (, ,o '- r() '.. i/(., c,,,: :.' NOW, !CHEREFoRlE, Zf?f &A P between the parties hereto as
follows:
Sectiou. That City agrees ta record any irrevocable offers
of dedication made by Property Owner for (None Required).
Section 2. That Property Owner, in lieu of making the
hereinafeer described improvements before approval of said
Building PWmit is granted, agrees to install and construct, or
cause to be 'installed or constructed, said improvements in
accordances witih planWand specifications approvbd by "the City
Engineer within sixty (60) days after written demand so to do by
City. Property Cwner shall not be required to make said
improvements before August 1, 1994, or within such further period
of time as is granted by City, provided, however, that upon the
happening of either of the Po3&W&rig occurrences said improvements
may, 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
City to install street improvements to City specifications.
2 Rev. ll/O5/91
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(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 I
said streets.
'G"' f&~@j$‘$,;;:.;r: : Said improvements.;‘isb~~~~~":bU"";~~'Mithout cost or expense to
City. City estima&s~ that the cost of engineering and
construction 'Of said i~~~~~~~nt at the time of signing this
contract is Twelve Thousand S&enty Five and OO/lOO DOLLARS
($12,075). Property owner hereby acknowledges that said cost is
a reasonable aWimate of engineering and construction costs at
this time and that the actual cost of same at some time in the
future l&y,&c@ed this estimate. .(
* That for the faithful performanoe af th&'.promises
and covenants herein'cantained, Property Owner hereby grants to
City a lien upon tbe hereinafter described property in the amount
of $12,075 plus any future increases of cast in excess of this sum
resulting from increased engineering and construction costs, and
in the event Propert? Owner, Property Owner's successors, heirs,
assigns, or transferees f&i tr;r' 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
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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&,' &yes. '_,
(b) Direof".he City Bnginecsr to estimate the cost of
necessary eng&WEring, an& tbs: work required to install and
construct said improVements, sxn~ foreclose said lien in said
amount.
I (cl ;@rsue any remedy, legal or equitable (including
' those speaFfically referred to herein), for the forecIk,wre of a
lien, and the Woperty Owner, Property Owner's successors, heirs,
assigns and transferrees, shall be liable for reasonable
attorney'& f&%8 as a &at in said proceedings.
Sectfon $. That it is agreed that anything herein contained
to the contrary notwkhstanding, the promises and covenants made
herein shall not be binding upon the holders, mortgagees, or
beneficiaries of anp purchase money mortgage or purchase money
deed of trust for value ‘Whfoh B&Sbeen 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
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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 intp&& ,' the amount of bond to be the
estimated cost of lEtngineeritig and improvements at the time of such
deposit or post&g as ascerttained by the City Engineer, and that
upon deposit of said cash UE posting of said bond the City agrees
to release the property, or any portion of it as to which said
depositor postfng applies, from the provisions of this agreement,
and to execute hny necessary release to enable the record title of
the property tC, be released from the lien herein imposed.
Section 6. Said City shall not, nor shall any 'officer or
employee &&rceof~ be l'&bfe or responsible for any accfdont, loss
or damage happening or occurring to the work or improvements
specified ia this agreement prior to the completion and acceptance
of the same, nor shall sai& City, nor any officer or employee
thereof, be liable for any persons or property injured by reason
of said work or improvemtint&, &Wh ali 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
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. 1662
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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 a~~,~~~~~~o~~ or defective conditions of
public property. Theh?opatzty o"wner hereby agrees to pay for such
inspection of &mprovements as may bo required by the City Engineer
of City.
Section 8. This agreement and the covenants contained herein
shall be bindfng upon and inure to the benefit of the successors,
heirs, as@igns,and transferees of Property Owner7, shall run with
said real property, and create an equitable servitude upon said
real property. .-, %,i:-.; _ ()' ,, ., 0 ;-*'A d&&~ption of the property referred 'to herein
and upon which said lien is imposed is desctibed as follows:
LOT 63 OF CARLS D HIGHL,ANDS UNIT NO. 2, IN TfStE CITY OF CARLSBAD, C&HVTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2825, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 5, 1951.
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h 1663 -, Section iv. The required improvemenLti to be constructed and
*the estimated costs thereof are as follows:
IMPROVEMENTS ESTIMATED COSTS
Engineering LS $2,000.00 Curb and Gutter 130 LF 2,ooo.oo Sidewalk 650 Sq. Ft 2,600.OO Base and AC Paving 1040 Sq Ft. 3,100.00 Portion of Street Light 800.00 $10,500.00 1.575.00 0 ,) ), Oi( : _,') ‘(( $12,075.00 (, -,.y ,) Executed by P~?@p&rt$ GWne% Uris ~~~~ 19 qz. day of*-,
~ PROPERTY OW&% CITY OF CARLSBAD a municipal corporation of the State of California
Shiella McNultv (print name here)
ALETHA RAUTENKRANZ City Clerk
(title and organiza
(Proper notarial acknowledg&&&%~'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
CAT. NO. NN00627
TO 1944 CA (7-82)
(Individual) f664
I STATE OF CALIFORNIA
1 COUNTY OF s%t!fIJ -2> MzgQ ss.
On
said,.%ate, personally appeare
a tary Public in and for
, personally known to me or r
pro&d to me on the basis of satisfactory evidence to be
the person 5. whose nam6 crc
within instrument and acknowledged that
cuted the same.
(This area for official notarial seal)