HomeMy WebLinkAboutFIA 92-25; Tidwell, Stephen & Susan; 1992-0556802; Future Improvement Agreement/Release‘,
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RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO 1 ci+ IGerk CI ;I Y OF CARLSBAD ; 1200 Carlsbad Village Dr. Carlsbad, CA 92008
Lx It l~~Z=~~~~~~~ Of-SW-1992 12=38 WI
OFFKIM. RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE CiNNETTE E$N;i COUN~~E~ECORDER RF: . . : 26.0
AF: 15:oa .
IIF: 1.&l
Space above this line for Recor- &+r!s use. : '~.#J$,!Y 'OF CARLSBAD ~Pbmbt No. CB920602
Parcel No. ~205-080-52
9XA No. 92,025.
CU~C'I' FOR FUTURE PUBLIC IMPROVEMENTS
!F&%S AGRl$&HENT is made by the City of Carlsbaa,-amunicipal
corporation, hereinafter referred to as 'ICityW, and Stephen B.
Tidwell and Susan N, Tidwell, hereinafter referred to as"';"Property
Owner."
WHEREAS, Property Owner has applied tu City for a Building
Permit Number CB92&6602 fur the real ProperQ hereinafter
described, now under Property Otiner@s ownership: and
WHEREAS, it has been fotind,tirat said property is not suitable
for development in its present condition, however said property
would be suitable for development if certain public improvements
hereinafter described are constructed and certain irrevocable
offers of dedication are made to City; and
=-, the Municipal Code of City requires certain
improvements and dedications as a condition of approval of this
building permit: and
==, Property Owner has requested that approval of said
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building permit be granted by City in advance of the time said
improvements are to be made; and
WHEREAS, Property Owner, in consideration of the approval of
said building permit desires to enter into this agreement securing
the construction of said improvements, and City has determined it
to be in the public inter&t k& BQree to temporarily postpone said
construction:
NOW, 'l?HBBWMh, XT X&' A@R#EI) between the parties hereto as
follows:
* Section 1. That City agrees to record any irrevocable offers
of dedication mMe by Property Owner for (none required).
Section 2. That Property Owner, in lieu of miking the
hereinafter d&$cribed improvements before approval "of said
building permit is granted, agrees to install and construct, or
cause to be installed or constructed, said improvements in
accordance with plans and speciftcations approved by the City
Engineer within sixty (60) days after written demand so to do by
City. Property Owner sha11 not be required to make said
improvements before September 1, 1994, or within such further
period of time as is grant&I by City, provided, however, that upon
the happening of either of the following 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
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150 h
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. ,:. ,, i (. ,‘.( ; -,,
Said improvenM$ts' !&&l b&made without cost or expense to
City. City estimates that' the cost of engineering and
construction af safd ~~~~~v@~~~ at the time of signing this
contract is eighteen hundred forty and OO/lOO DOLLARS ($1,840.00).
Property owner hereby acknowledges that said cost is a reasonable
estimate of engineering and construction costs at this time and
that the ac%~~al cost of same at some time in the future'may exceed
this esi&@ate*
section g* That'for the faithful performance of thie promises
and covenants herein contained, Property Owner hereby grants to
City a lien upon the hereinafter described property 9n the amount
of $1,840.00 plus any ffuQ.ms increascfts of cost in excess of this
sum resulting from increased engineerling and construction costs,
and in the event Pr~peWZy Owner, FrCq3erty 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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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 ortransferrees immediately upon completion of said
improvements. In the event same is not paid within thirty (30)
days from completion, Cityiay~~~&Wclose said lien as provided by
law for the foreclosure sf, moztiga@es.
(b) i!3frect the CSfty,Bngineer to estimate the cost of
necessary engineering, and 't&8 work required to install and
construct said improvements, and foreclose said lien in said
amount.
(Cl Pursue any remedy, legal or equitable"i%ncluding
those spkckfically referred to herein), for the fdreclotiure of a
lien, and the Property Owner, Property Owner's sucdessorf, heirs,
assigns and transferrees, shall be liable far 'reasonable
attorney's fees as a cost in said proceedings.
Section 4. That it is agreed that anything herein contained
to the contrary notwithstanding, the promises and covenants made
herein shall not be binding upon the holders, mortgagees, or
beneficiaries of any purchaset 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&%Wy W' the City to charge said surety
with the cost of s:afcT ibpxk?vemW&s; the amount of bond to be the
estimated cost= af engineering and improvements at the time of such
deposit or posting as ascer&ain& by the City Engineer, and that
upon deposit of said cash or postfng of said bond the City agrees
to reledse the property, or any portion of it as to Vhich said
deposit or posting applies, from the provisions of this aqreement,
and to execute any necessary release to enable the recor$'title of
the property ta be released from the lien herein imposerr3.
Section 6. Said City shall not, nor shall any officer or
employee thareaf, be liable or responsible for any accident, loss
or damage happening 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 any persons #r 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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153
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 C%ty,',&@e good and adequate warning 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 maybe required by the City Engineer
of City.
Se&ion 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, shaS1" run with
said real property, and create an equitable servitude ,upon said
real property.
and
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Sectson 9. A description of the property referred to herein
upon which said lien is imposed is described as follows:
LOT 26 OF PARADISE ~~TA~~$ UNIT 2 ACCORDING TO MAP NO. 3899 FILED Il'J THE OFFICE OF THE SAN DIEGO COUNTY RECORDER MAY 29, 1958.
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Section 10. The required improvements to be constructed and
the estimated costs thereof are as follows:
IMPROVEMENTS ESTIMATED COSTS
Sidewalk 330 Sq. Ft. $1,600.00
+15% Contingency 240.00 $1,840.00 ,. : ,( ,'I ' xecuted by Property Owner this I* day of ch& I
PROPERTY 1 OWNER CITY OF CARLSBAD a municipal corporation of the State of California
Stephen %agi(%Thtell (print mrne, here)
c- ,, org&nizatiQn of ATTEST:
ALETHA RAUTI Susan M. T$&zell ,, (print name Rare) City Clerk
:,. ,, (title and organieation~ of signatory)
(Proper notarial ackno%&&&$etio~~ 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 CityAttorney
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- INDIVIDUAL ACKNOWLEDGMENT No. 5196
State of * a\- I On this the xay of -St 19x, before me,
County of Z&t3 3i 90 0 ss. FJhx b. &yr
the undersigned Notary Public, personally appeared
sus%n M. TA&,
0 personally known to me
Notory Public-California SAN DIEGO COUNTY
dproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) (Irt subscribed to the
within instrument, and acknowledged that
WITNESS my hand and official seal.
-?A&+- executed it.
otary’s Signature
ATrENTlON NOTARY: Althoqh the information request&I below is OPTIONAL, it could prevent f
THIS CERTIFICATE Title or Type of Document &%%uk
MUST BE ATTACHED Date of Document TO THE DOCUMENT Number of F-ages - 7 -
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above /v
01992 NATIONAL NOTARY ASSOCIATION. 6236 Remmet Ave l Canoga Park. CA 9130%7164