HomeMy WebLinkAboutFIA 92-29; Bell, John & Donna; 1992-0660428; Future Improvement Agreement/Release6
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168 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO
; CITY OF CARLSBAD 1200 Carlsbad Village Dr. ; Carlsbad, CA 92008 I- 1
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OfFICiki RECORDS SAN DIEGO CDUNTY RECORDER’S OFFICE R$NETTE E~~N~~ ~Q~N~~E~EC~~ER : x01:
A[: 15: 00
Space above this line for Recor- der's use. CITY OF CARLSBAD Persit f&2*, CB 92-0570 Parcel No. \ 210-064-08 FIA No.92029
CONPRACT FOR Ft3TmB PUBLIC XMPROVlZMENTS
THIS AGREI3MEFfT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as '#Cityf@, and F. John Bell
Jr. and Donna -W. Bell, hereinafter referred to as "Property
Owner.@ f. 4 1
.,,? (. REcITALS *' ,' ‘;. : ,A *,
WHEREAS, Property Owner has applied to City for a Building
Permit Number CB 92-0570 for the real property hereinafter
described, now under Property Owner's ownership: and
WHEREAS, it has beon found that said property is not suitable
for development in its present condition, however said property
would be suitable for developme t 3 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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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 interest to agree to temporarily postpone said
construction:
NOW, THEREFORE, IT IS AGwcZ;ED between the parties hereto as
follows:
Section 1. That City agrees to 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 to be installed or constructed, said improvements in
accordance with plans and specifications approved 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 October 1, 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
which the property herein described has frontage, have agreed with
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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 improvements shall be made without cost or expense to
City. City estimates that the cost of engineering and
construction of said improvement at the time of signing this
contract is Sixty-Nine Hundred and OO/lOO DOLLARS ($6,900.00).
Property owner hereby acknowledges that said cost is a reasonable
estimate of engineering and construction costs at this time and
that the actual cost of same at some time in the future may exceed
this estimate.
Section 3.. That for the faithful performance of the promises
and covenants herein contained, Property Owner hereby grants to
City a lien upon the hereinafter described property in the amount
of $6,900.00 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 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
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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, City may foreclose said lien as provided by
law for the foreclosure of acortg&ges.
(b) Direct the City Engineer to estimate the cost of
necessary engineering, and the work required to install and
construct said improvements, and foreclose said lien in said
amount.
(cl Pursue any remedy, legal or equitable (including
those specifically referred to herein), for the foreclosure of a
lien, and the Property Owner, Property Owner's successors, 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 has . een
executed by the Property Owner, ,"
or may in the future be
roperty 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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22 heirs, assigns or transferees, and they shall save the City
23 harmless from, and indemnify the City against, any and all claims,
24 suits and liabilities of or to any person or property injured or
25 claiming to be injured as a result of said work or improvements.
26 Said Property Owner, and Property Owner's successors, heirs,
27 assigns or transferees, further agrees to protect said City and
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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 satisfactory to the City to charge said surety
with the cost of said improvements; the amount of bond to be the
estimated cost of engineering and improvements at the time of such
deposit or posting as ascertained by the City Engineer, and that
upon deposit of said cash or posting 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 to be released from the lien herein imposed.
Section 6. Said City shall not, nor shall any officer or
employee thereof, 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 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,
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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 City, give 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 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 which said lien is imposed is described as follows:
Lot 78 of Map No. 2758 filed in the office of the San Diego County Recorder March 5, 1951.
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the estimate& costs thereof are as follc..;: * 174
IMPROVEMENTS ESTIMATED COSTS
Engineering LS. $2,000.00 Curb and Gutter 62 LF 900.00 Sidewalk 310 Sq. Ft. 1,200.00 Base and A.C. Paving 496 Sq. Ft. 1,500.00 Portion of Street Light L.X. 400.00 6,OOO.OO +15% Contingency 900.00 6,900.OO
Executed by Property Owner this 194* . zq day of
PROPERTY OWNER
~.30~h~ yi-wdGl-- lAJ , p&1\
CTTY OF CARLSBAD a municipal corporation of the State of California
F. John Bell, Jr (print name here;
ATTEST:
tory)
Donna W. Bell (print name here) City Clerk
(title and organizatibn of signatory)
(Proper notarial acknowledgement of execution by PROPERTY OWNER must be attached)
(President or vice-president-srnd'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
7 Rev. 11/05/91
State &
>
.,
County 0&n I%&
N&k. TITLE OF OFFICER - E.G., ‘JANE Ode: NOTARY PUBLIC’ ’
?Jihn -&cd If. and ~~ti4-4
NAME(S) OF SIGNER(S)
,
r!f personally known to me - OR - q 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
which the person(s) acted, executed the
CAPACITY CLAIMED BY SIGNER
@diiiiJAL
q JC~RPORATE
OFFICER(S) TITLE(S) 17 PARTNER(S) q LIMITED
c] GENERAL q ATTORNEY-IN-FACT
0 TRUSTEE(S)
c] GUARDIAN/CONSERVATOR
q OTHER:
ALL-PURPOSE ACKNOWLEDGM
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIT’QIES)
Date of Document
ATTENTION NOTARY: Although the information requested be&& 0 ON
v THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED TO THE DOCUMENT Number of Pages 7
DESCRIBED AT RIGHT: Signer(s) Other than Named Above)\),
01992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91304-7164