HomeMy WebLinkAboutFIA 93-03; Fernandez, Victoria; 1993-0265799; Future Improvement Agreement/Release-
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008
428 LdC #I 1993-0265799 29-APR-1993 03~21 Pll
OFFICIBL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE 4NNETTE E;;N;; COUN;;E;ECORDER RF: 15: 00
t 26. DO AF: IlFf: 1.00
Space above this line for Recorder's use.
co-m, ~03~~ '%?@Br;rC'IIWROVEXENTS ,,_ 0 i _,J' Lo
!rHf'i$ is made by the City of Carlsb&, a municipal S( : corporatiW-x, k@tieinafter refeimzd to a5 llCity*l, and>. Victoria ,( Fernand& ~&$&&after referred to as ""Property Owner,"'. -, RJsb&TALs :: -’ ,, ;‘. Bi (. (“-, -in ‘h’m Owner has applied to Ctty fck a Minor
Subdivision No* '857 for‘the real property hereinafter described,
now under Prop&&y:Gwn:e~r~s ownership; and
WHEREAS, it has been found that said property is not suitable
for development in its present condition, however said property , ,' would be suitable for‘~evelopmen~ if certain public improvements ). hereinafter described are' Ccn&%lcted and certain irrevocable
offers of dedication are made to City: and
==, the Municipal Code of City requires certain
improvements and dedications as a condition of approval of this
minor subdivsion; and
=-, Property Owner has requested that approval of said
minor subdivsion be granted by City in advance of the time said
~ improvements are to be made; and
1 Rev. 11/05/91
’ ‘* . .
WHEREAS, Property Owner, in consideration of the approval of
said minor subdivsion desires to enter into this agreement
securing the construction of said improvements, and City has
determined it to be in the public interest to agree to temporarily
postpone said construction:
NOW, TJJEmFOm, -JTJ:$& -; ,i ! Ii rj--_ i( _ ,, between the parties hereto as
follows: ', ,: :‘ * ', OX' :( ,'
Section al '&at City'&$ree@to record ainz_ &revocable offers
of dedication made ,by P~bp&?~y C?wtrer for five feet (5') of
additional' '$tree?it;i:~.e%sement. " .: 2~;'. "That Property Owner, in lieu of making the
hereinafter de&$ribed ~improvements before approval olS @id minor
subdivs%on"is granted, agrees to install and construct;':"or cause
to be install&I or constructed, said improvements 5n abcordance
with plans and specifhcations approved by the City Engineer within
sixty (60) &ys aLter written demand so to do by City. Property
Owner shall'nat-be -required to make said improvements before
January 1, 11)93, or W$thin Wch -further period of time as is
granted by City, provided, however, that upon the happening of _ _ either of the following ~~~~~~~~~~8. safrtl fmprovements 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. 11/05/91
h
. II ‘430
(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 ~~~~~i qj&thout cost or expense to
City. City ) 1 :&.&p. the cost of engineering and 0 construction & 'said i~~~~~rn~~t at the tfmle: of signing this
contract is BOY THRUM T~~~~~~ STX HDNC)RED TWENTY-TWO and
OO/lOO DO~~S'(,9;~3.;622.00). Ptioperty owner hereby acknowledges
that sa$& cost' 9s a reasonable estimate of engineering and
construction costs at this time'and that the actual cost of same
: '( at sometime' i~n'the future may exceed this estimate.
seat;&R 3';~ i Th-mt for the faithful performance of the promises
and covenants Mreih '&$ntained, Property Owner hereby grants to
City a li& upon&he hereinafter described property in the amount
of $23,622,00 plussany future increases of cost in excess of this
sum resulting from in&e&led engineering and construction costs,
and in the evene tiap'eety Owner; Property Owner's successors,
.' ,i ,( heirs, assigns, or tran@J?er&# f&riI, to install and construct said
improvements in the manner and within the time specified herein,
Property Owner agrees that City may do any or all of the follow-
ing:
(a) Have the necessary engineering for said improve-
ments done, and install and construct said improvements by
contract or otherwise. City or its contractor and contractor's
employees may enter upon any portion or portions of the property
reasonably necessary for said engineering and construction, and
3 Rev. 11/05/91
-31
the entire cost and expense shall be charged against said property
and payable by said Property Owner, Property Owner's successors,
heirs, assigns ortransferrees immediately upon completion of said
improvements. In the event same is not paid within thirty (30)
days from completion, City may foreclose said lien as provided by
i 11 ‘. law for the foreclosure-.c$'~'~'
necessary en#i*eeriig,
. .'
&tib the work requi%e@ to install and
construct safd improvements, ,a& fareclose said lien in said
amount. :
'(c)' ~$&sue any remedy, legal or equitable" (including
those spe&ific&Jly referred to herein), for the foriclcsure of a " , lien, and the Woperty Owner, Property Owner% sUccessa&, heirs,
assigns 'ijlnd transferrees, shall be liable for rtiiasonable :
attorney'& f$eeht as accost in said proceedings,
* That it is agreed that anything herein contained
0 to the contrary notWL%hstanding, the promises and covenants made
herein shall not be :bin&ing upon the holders, mortgagees, or
beneficiaries of any purchase money mortgage or purchase money
deed of trust for value0&iafi'~b&s b&n 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
4 Rev. 11/05/91
.-32
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
" :: :,' a",: ,: ,( ,&. ,- with the cost of said i~&@'~~"" E$$i the a mount of bond to be the
-,.;.~ estimated cost of;~~~~~~~~r~~~d:irnproveacnto at the time of such
deposit or po&&ng as'asc&&ined by the ieity Eng$neer, and that
upon deposit o$! said cash-or posting of said bond the City agrees
to release the property, or an% portion of itt as to which said
deposit'61 post&J applies, from the provisions of this'agreement,
and to Qxecute‘&ny necessary release to enable the recoti&'title of
i ,, the property'~to be released from the lien herein imposed.
se$yp&Jn $; Said City shall not, nor shall any of'ficer or
employee thereof, be'I&%ble or responsible for any accident, loss
or damage happening or occurring to the work or improvements
specified in 'this agx%ement prior to the completion and acceptance
of the same, nor shaX1' said Cdty, nor any officer or employee
thereof, be liable far ang'persons or property injured by reason
of said work or improvem&n&, but'U3 of said liabilities shall be
assumed by said Property Owner and Property Owner's successors,
heirs, assigns or transferees, and they shall save the City
harmless from, and indemnify the City against, any and all claims,
suits and liabilities of or to any person or property injured or
claiming to be injured as a result of said work or improvements.
Said Property Owner, and Property Owner's successors, heirs,
assigns or transferees, further agrees to protect said City and
the officers and employees thereof from all liability or claim
5 Rev. 11/05/91
because of, or arising out of, the use of any patent or patented
article in the construction of said improvement.
Section 7. It is further agreed that said Property Owner
will at all times up to the completion and acceptance of said work
and improvements by the City, give good and adequate warning to
j i, j :,'; ,.~,:*z& ))( ,,Z~ the traveling public af ,&slngr: ~~~~~~~~ or defective conditions of
public property, ‘g$&& :$,&&$$#&u. : er hereby acjrees to pay for such
inspection of '~~~~ove~erl~s:'~~~~,IElg)i be required by the City Engineer
of City. ,, ,,, '( Sect&m 8*.:1&& a greem&nt &nd the covenants contained herein
shall bebinding-upon and inure to the benefit of the Wccessors,
heirs, assigns sllnd transferees of Property Owner, shall run with
said r&l. 'prop&rty, and create an equitable servitude upon said
real pro&Q*y* I: ‘.
r$ption of the property referred ~to herein
and upon which ‘o&M lien is imposed is described as follows:
LOT 7 IfJ I%&!& C OF BELLA VISTA, IN THE CITY OF CARLSBAD, C&BJTY'OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING 3cc> MAP TlEftREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929. )i _,_il ,, ,, ', /// :, ).( 'i -0 ,: (( '.',. .- ,_ :
///
6 Rev. 11/05/91
434 -
-
- .* . r Section IO. The required improvemenLs to be constructed and
' the estimated costs thereof are as follows:
IMPROVEMENTS QUANTITY UNIT PRICE ESTIMATED COSTS
Curb & Gutter 205 LF 15.00/LF 3,075 Sidewalk 1,025 SF 4.00/SF 4,100 A.C. Paving 1,435 SF 1.20/SF 1,722 Treated Base 1,640 SF 0.85/SF 1,394 Curb Inlet 1 EA 3150.00 3,150 13,441 15% Contingency ,~ '6 2,016 TOTAL ,, i "( (',
Executed by 194~.
PROPERTY OWZ@R!
i e day
15,457
o&Dt&* I
(' CITY OF CARLSBAD, a municipal corporation of the State of California
as her WI&: am! &&q&te, ,p,roperty. ATTEST:
(title and org&&izailt& of signatory)
By: (sign hem)
(print name here)
', S(
aab&k;,~
ALETBA It. RAUTENKPANZ, City CLork
")'
.',
must be attached) xecution by PROPERTY OWNER
(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: I
' Deputy City Att&ney
7 Rev. 11/05/91
STATE OF CALIFORNIA COUNTY OF SAN DIEGO
iNN; FEZ:’ S;;:E~“~~~~;:~% APPEARED k Or'127, t5-n 7_ L)(PROVED TO ME ON THE BASIk OF SATISFACTORY EVIDENCE) TO BE THE PERSONC9-) WHOSE NAME@) IS/H SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT H-E/SHE,'PWEY EXECUTED THE SAME IN Pn-s/HER/m AUTHORIZED CAPACITY(+EfS-1, AND THAT BY I?Jd/HER/m SIGNATURE&S-J ON THE INSTRUMENT THE PERSON- OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(SJ- ACTED, EXECUTED THE INSTRUMENT.
WITNESS WHERE OF I HAVE SET MY HAND THIS DAY OF~~&~vwbr- 6
SIGNATURE: '$ L&w NAME: PRINCIPAL PLACE OF BUSINESS: MY COMMISSION EXPIRES: