HomeMy WebLinkAboutFIA 92-26; Edmondson, Nancy; 1992-0556749; Future Improvement Agreement/Release+. -
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RECORDING REQUESTED BY AND ) WI-IEN RECORDED MAIL TO OFFICML RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE
CITY OF CARLSBAD j 1200 Carlsbad Village Dr. Carlsbad, CA 92008 ;
ANNETTE E)(f$ COUNTY RECORDER
;;; 15: 00 FEES: 25.0
flF: 1.00
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i Space above this line for Recor- < ~&7x's use.
', '@F%X OF CZRLSBAD
(‘ +&mit Ho. CB 920711 Parcel No. 2077130-62 FfA No. 92-026
CON!i!kWCT FOR FUTURE PUBLIC IMPRWEMENTS
TEis NT is made by the City of Carlsbad, k'hunicipal
corporation; thereinafter referred to as llCityll, &d Nancy
Edmondson, hereinafter referred to as "Property Owner:+
RECITALS
WHEREAS, Property CWner has applied to City for a Building
Permit Nutier CB 920711 for the real property hereinafter
described, now under Property Owner's ownership: and
WHEREAS, it has been found 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
WHEREAS, the Municipal Code of City requires certain
improvements and dedications as a condition of approval of this
building permit: and
WHEREAS, 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
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,:':. _ ;( N*w, THEREm&/:-+ffg between the parties hereto as
follows:
Section &, That City &gre-es ea record any irrevocable offers
of dedication made by Property Owner for (none 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 construct, or
cause da 3;)s installed or constructed, said improvements in I accordance with plans and specificatians approved by the City
Engineer wit;hin &i&y (&II) days after written demand so to do by
City. Property Owner shall not be required to make said
improvements before September f, 2994, or within such further
period of time as is granted by City, provided, however, that upon
the happening of either cf 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
City to install street improvements to City specifications.
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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
said streets. ((ii ,( Said improvementsskS2tif2" ':ti&e without cost or expense to
City. City estim&es that ,the cost of engineering and
construction 'of said impr&ement at the time of signing this
contract is Seven Thousand Nine Hundred Thirty Five and OO/lOO
DOLLARS ($7,935.00). Property owner hereby acknowledges that said
cost is a reasonable estimate of engineering and construction
costs at this ekme and that the actual cost of same atsome time
in the future may exceed this estimate.
s@ction 3.' That for the faithful performance of t&promises
and covenants herein contained, Property Owner hereby grants to
City a lien'upon the hereinafter described property in the amount
of $7,935.00 plus any future increases of cost in excess of this
sum resulting from increased engineering and construction costs,
and in the event Property Owner, Property Owner's successors,
heirs, assigns, or transMre&s fail to install and construct said
improvements in the manner and within the time specified herein,
Property Owner agrees that City may do any or all of the follow-
ing:
(a) Have the necessary engineering for said improve-
ments done, and install and construct said improvements by
contract or otherwise. City or its contractor and contractor's
employees may enter upon any portion or portions of the property
reasonably necessary for said engineering and construction, and
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h
the entire cost and expense shall be charged against said property
and payable by said Property Owner, Property Owner's successors,
heirs, assigns ortransferrees immediately upon completion of said
improvements. In the event same is not paid within thirty (30)
days from completion, City may foreclose said lien as provided by
law for the foreclosurs:Qi$! ,( '( :
(b) Dir&c#Z the City' gngineer to estimate the cost of
necessary engfneering, atid the work required to install and
construct sa%d improvements, and foreclose said lien in said
amount.
(c) " Purs ue any remedy, legal or equitable (including
those specifically referred to herein), for the ftireclbsure of a
lien, and the Property Owner, Property Owner's successurs, heirs,
assigns and transferrees, shall be liable for 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 purchase money mortgage or purchase money
deed of trust for value which ha@ 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
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2198
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 ~~~~~v~~~t~~ the amount of bond to be the
estimated cost of engineering an& improvements at the time of such
deposit or post9ng as ascertained by the City Engineer, and that
upon deposit of said cash or po&ing of‘said bond the City agrees
to release. the property, or any portion OP it as to which said
deposit or posting applies, from the provisions of this agreement,
and to execute erny necessary release to enable the record title of
the property to be released from the lien herein imposah.
Se&ion '&- Said City shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss
or damage happenfng or occurring to the work or improvements
specified in this agreement prior to the completion and acceptance
of the same; nur shall said City, nor any officer or employee
thereof, be liable far any persons or property injured by reason
of said work or improvements, but aJll 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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. 7. ., *
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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'any'd$&arous or defective conditions of
public property. The &op&ty Owner hereby agrees to pay for such
inspection of improvements as may be required by the City Engineer
of City.
Section 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, shall run with
said real property, and create an equitable servitude 'Upon said
real property,
Section 9. A description of the property referred to herein
and upon whPc+b~akd lien is imposed is described as follows:
PARCEL B OF MAP NO. 666 FILED IN THE OFFICE OF THE SAN DIEGO CWNTY RECORDER NOVEMBER 16, 1971.
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Section 10. 22%) i The required improvemenLs to be constructed and
the estimated costs thereof are as follows:
IMPROVEMENTS ESTIMATED COSTS
Engineering L.S. $2,000.00 Curb and Gutter 75 LF 1,100.00 Sidewalk 375 Sq. Ft. 1,500.00 Base and AC Paving 600 Sq. Ft. 1,800.OO Portion of Street Light 500.00 $6,900.00 +15% Contingency 1.035.00 $7,935.00 .I i__ _
Executed by Pro&rt$"&wne&his 19Q. Ig :'~ day of A&+L#
PROPERTY OWNER CITY OF, CARLSBAD a municipal corporation of the State of California Nancv Edm&&son Je Pr#ipqzrty Owner)
Nancy Etim nd ati (print ti& &re)
for City Manag&
:
ATTEST: (title and organiza&3n~of signatory)
a:,
By: x',o
(sign here)
(print name here)
A* ALETHA RAUTENKl&HZ City Clerk -
w Z'1-:( (title and organizati&,of signatory) ,: c (Proper notarial acknowledgement 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: c/ Deputy City frttorney
7 Rev. 11/05/91
~JA&rE$F&ALIFORNIA an 3 I &, d- 1
On @ 93, before me, l mq
, Notary Public, .
personally appeared
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 within instrument and acknowledged
to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of I- OFFlClAl SEAL
which the person(s) acted, executed the instrument. LEIGH B. CARLSON I NOTARY PUBLlCCALlFDRNlA PRlNCIPAl (IFFICF IN
WITNESS rnr handznd official N
,
Signature
SF.9474.8 (Rev A 11BO) (CA)
_ .._- .I. SAN DiEGO COUNTY My Cummtwon Exolres Sept 27 1994