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HomeMy WebLinkAboutFIA 92-27; Albert, Andrew & Victoria Lee Hopewell; 1992-0617289; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO c;+i Cfed i CITY OF CARLSBAD 1200 Carlsbad Village Dr. j' Carlsbad, CA 92008 ! OFFICIAL RECORDS SAN DIEiiO COUNTY RECORDER'S OfFICE ClNNETTE E’i;N;; ~D~N~~E~E~D~DE~ RF: : 26. 15: 00 1.00 Space above this line for Recor- )^( ,( dq's wise. ,,CF CARLSBAD Permit No. ~~ CB 92-0726 Parcel No, 206-192-30 FTA No, 92027 C m FOR FUTII&kPUBLIC IM?%CVEMENTS ,(, NT is ma&i? by Lh& City of Carl&bad, tiifnunicipal corpora~ioni hereinafter referred to as I'City", and'{k;ndrew S. Albert tind'Vi@bria Lee Hbpewel 1 Albert, hereinafter &#krred to as Ilpro@&i*~~~er,R:: 2 _* i -1 s' RECITALS WHE~,'"~~op~~ty,Ot~ner has applied to Cit$ for a Building Permit Number CB 92-0726 for the real. property hereinafter described, now under Property Uwnrtr's ownership: and WHEREAS, it has been found that said property is not suitable for development in its present eandition, 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 1 Rev. 11/05/91 2144 - II 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 inteFCr~'.:~as.b~l?e~'tu temporarily postpone said construction; NOW, THRRI&U$, 1T ES &l&B&& between the parties hereto as follows: Sectian 1.. V&at City agree& to record any irrevacable offers of dedication m&de by Property Owner for an additional five feet of street easesent along Highland Drive. j$:,.. Sect ion That Property Owner, .in lieu of r$king the '( :; hereinafter described improvements before approval' of said building permit is granted, agrees to install and con$truct, or cause to he fnstalled or constructed, s&d improvements in accordance with plans and specificationsapproved by the City Engineer within sixty (60) days after written demand so to do by City. Property Owner shall not be required to make said improvements before SepkBBtber II 1994, or within such further period of time as is granted 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 2 Rev. 11/05/91 2145 - which the property herein described has frontage, have agreed with 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 impr~~~~~~r'aistrict for the improvement of said streets. Said improvements tdwil~ b&la&de without eoi8t or expense to City. city estimates- that the cost of engineering and constructfan of safd improvement at the tfme of signing this contract is Ten Thousand Four Hundred Sixty Five and OO/lOO DOLLARS ($10,445). Property owner hereby acknowledgds khat said cost is a reasonable est'mate of engineering and con@ruction \ costs at this time and tha the actual cost of same a't: 'kome time in the 3?utkars may exca$td t Section 3. That for t I is estimate. e faithful performance of the promises and covenants herein contained, Property Uwner hereby grants to City a lien upckn the her&&ter described property in the amount of $10,465 plus any future increases of cost in excess of this sum resulting from increased engiriasrfng and construction costs, and in the event Property Owner, Property 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 3 Rev. 11/05/91 , .: 2146 - employees may enter upon any portion or portions of the property 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 ~~~~~,~~~~~~~ not paid within thirty (30) days from completion, ,City'may,-foreclose said lien as provided by law for the PoreClosure of mort:lz,fagos. (b) Direct thk cf'ty Engineer to estimate the cost of necessary engineering, and ,th& work required to install and construct said improvements, and foreclose said lien in said amount.‘ ,( ., ,y 3: _ (c) Pursue any remedy, legal or equitable $$ncluding i those speci$%M.ly referred to herein), for the for&cX&ure of a lien, an& the Property Owner, Property Owner's successors, heirs, assigns and transferrees, shall be liable for reasonable /I 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 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 4 Rev. ll/O5/91 1’ 2147 - 9 . the property hereinafter described is acquired by or as a result 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, : ~,,,‘; '( 1,. i assigns or transferees ~~~'~~~~~~t 'a cash bond or post a surety performance bond satiafactory'to the City to charge said surety with the cost of'Gaid irn~~~~~rn~~t~~ the amount of bond to be the estimated cost of engineering and improvements at the time of such deposit or posting &s ascertain& by the City Engineer, and that upon deposlit ‘of said cash or posting of said bond the City agrees to release the property, or any portion of it as ta $i.ch said deposit or posting applies, from the provisions of this k$reement, ., : and to execUt@ any necessary release to enable the recur& title of the propeEty'ta be released from the lien herein imposed. Section 6. Said City shall not, nor &all any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or accurring 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 1iabl.e for any persons or 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, 5 Rev. 11/05/91 . . I . *- - 2148 , assigns or transferees, further agrees to protect said City and 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 ~~~-..~~~~~~~on and acceptance of said work and improvements by the'C%ty, give good and adequate warning to the traveling public of any'dangerous or defective conditions of public property. The Property O&nor hereby agrees to pay for such inspection of improvements as may be required by the City Engineer of City,. :," se&ion &ti This agreement and the covenants ccntai&d herein shall be b$ndimg upon and inure to the benefit af the successors, heirs, assigns and transferees of Property Owner, sh@ilrun with I said real property, and create an equitable servituda 'upon said real property, Section2. A demxiption of the pru$mFty referred to herein and upon which said lienis impalsed is Q d scribed as follows: PARCEL 2 OF PARCEL MAP NO, 12553 FILED IN THE OFFICE OF THE SAN DIEGO ~~~~~~ AUGUST 4, 1981. /// /// /// /// /// /// /// 6 Rev. 11/05/91 L 1 . Section 10. The required improvements to be constructed and I the estimated costs thereof are as follows: IMPROVEMENTS ESTIMATED COSTS Engineering L.S. $ 2,ooo.oo Curb & Gutter 107 L.F. 1,600.OO Sidewalk 525 sq. ft. 2,100.00 Base and A.C. Paving 856 sq. ft. 2,600.OO Portion of Street Light 800.00 $ 9,100.00 +15% Contingenoy . . . 1.365.00 $10,465.00 Executed by Property Owner this \e 19q3 day of lLau*~ , . . PROPERTY OWHER CITY OF CARLSBAD a municipal corporation of the State of California , A re &L A&b-t (gdyihc' si&me b&e) - -‘ s 6 ATTEST: '.. Victoria Lee Nonewell Albert (print name here) City Clerk (title and organization of sfgnatary) (Proper notarial acknowledg&nt 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 City At"torney 7 Rev. 11/05/91 GENERAL ACKNOWLEDGMENT CAL- 23 State of California \ ss. On this the-.!?!!%ay of : August 19% before me, i ROBBIN LYNN HANES the undersigned Notary Public, personally appeared . : ' : : . 1 : ’ . : County of SAN DIEGO I -AAM- bin Lynn l-ianzg Comm. 11954100 ANDREW S. ALBERT and VICTORIA LEE HOPEWELL! s personally known to me Cl proved to me on the basis of satisfactory evidence ALBERT 3 : . : I to be the person(s) whose name(s) are subscribed to the : within instrument, and acknowledged that they executed it. : : WITNESS my hand and official seal. -I : . Notary’s Signature ’