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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: