HomeMy WebLinkAboutFIA 93-04; Sherman, Craig W. Trustee; 1995-0268409; Future Improvement Agreement/Release. ,
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A IZ # 1995-0268409 27-JUH-1995 01~28 Pll
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OFF ICML RECORDS i 397 SW DIEGO couHTY REIWRDER’S ~FFIE
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RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO City Clerk ; CITY OF CARLSBAD 1200 Carlsbad Village Dr. + Carlsbad, CA 92008 1
Space above this line for Recorder's use. CITY OF CARLSBAD Permit No. Ms 93-03
Parcel No. 207-063-11
FIA No. 930004
COMTRACT FOR FUTURR PUBLIC IYPROVRMRNTS,
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as "Cityn, and Craig W.
Sherman, Trustee of the Harriet F. Hanlin Trust Dated February 16,
1989 hereinafter referred to as nProperty Owner."
RBCXTAL8
WHEREAS, Property Owner has applied to City for a Minor
Subdivision 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
wEEREz48, the Municipal Code of City requires certain
improvements and dedications as a condition of approval of
AGREEMEWTSUG-12.FRM 1 Rev. 11/C&/92
A
MS 93-03; and
--, Property Owner has requested that approval of said
Minor Subdivision be granted by City in advance of the time said
improvements are to be made; and
WEERBAS, Property Owner, in consideration of the approval of
said Minor Subdivision 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:
ROW, THISRBFOIU, IT 18 AORBED between the parties hereto as
follows:
Section I. That City agrees to record any irrevocable offers
of dedication made by Property Owner for Skyline Road.
-2. That Property Owner, in lieu of making the
hereinafter described improvements before approval of said Minor
Subdivision 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 reguired to make said improvements before 12
months from approval of parcel map, 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
mayI 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
AGREEHENTSUG-12.FRM 2 Rev. ll/G4/92
h h 399 ’
City to instail 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 estiaatm that the cost of engineering and
construction of said improvement at the time of signing this
contract is Nine Thousand Seven Hundred Ninety and OO/lOO DOLLARS
($9,790.00) l 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 $9,790.00 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
reasonably necessary for said engineering and construction, and
the entire cost and expense shall be charged against said property
AGREEMENTSUG-12.FRH 3 Rev. 11/C&/92
I - h 4 0 0
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 mortgages.
(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.
(c) Pursue any remedy, legal or equitable (including
those specifically referred to herein), for the foreclosure of a
lien, and the Property Owner, Property OwnerCs successors, heirs,
assigns and transferrees, shall be liable for reasonable
attorney's fees as a cost in said proceedings.
I 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
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,
AGREEMENTSUG-12.FRM 4 Rev. ll/G4/92
401
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, fromtheprovisions 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.
-4. 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,
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
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
AGREEMENTSUG-12.FRM 5 Rev. ll/G4/92
- h 402
the traveling public of any dangerous or aefective 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 13 of Carlsbad Highlands Map 2647 Recorded April 18, 1950.
Section 1Q. The required improvements to be constructed and
the estimated costs thereof are as follows:
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AGREEMENTSUG-12.FRI Rev. ll/G4/92
. . .
F h 403
IMPROVEMENTS ESTIMATEDCOSTS
Street improvements along Skyline Drive which include but not limited to: Concrete curb, gutter, sidewalk, paving, driveway apron, streetlight $9,790.00
Executed by Property Owner this fd ,. ?# day of A'
19 95.
PROPERTY OWNER CITY OF CARLSBAD a municipal corporation of the State of Craig W. Sherman, Trustee of California the Harriet F. Wanlin Trust Dated February 16, 1989, as Owner
_ 9&i!@ Cfiig W. Sherman; Trustee
(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:
I AGREEMENTSUG-12.FRM Rev. ll/G4/92
.- 404
State of California
County of San Diego .
On MAY 03, 1995 before me, HEATHER DEVEREUX I personally appeared **CRAIG W. SHERMAN, TRUSTEE OF THE HARRIET F.
TRUST DATED FEBRUARY 16, 1989 ******t**************** , * c z---\ 'Ed proved to me on the basis of satisfactory evidence) to be the person- whose name+) isfare subscribed to the within instrument and acknowledged to me that . he+he+hq executed the same in his- authorized capacity-&Lee-j, and that by his- signature-@-) on the instrument the person&-), or entity upon behalf of which the person@-) acted, executed the instrument.
WITNESS my hand arid official seal
AGREEHENTSUG-lZ.FRM 8 Rev. 11/04/92
C+lFORNlA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of L1l=Oi2ti I A
County of SFfti Dr E/X
On Jc)hlfZ 13,!445
DATE ’
before me, Ti-mm 5. sTlcIc(LoB:dm~w RJi3w,
NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC”
personally appeared nl\A e-i-t ti QMY&k ,
NAME(S) OF SIGNER(S)
m personally known to me - OR - 0 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 ac-
knowledged 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 instrument.
WITNESS my hand and official seal.
.
c5kmL - / SlGNATkhE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER P l3QeL d~7-Olo3’1~
6% Fun%% &3uc I/W.
TITLE OR TYPE OF DOCUMENT
TITLE(S)
0 PARTNER(S) q LIMITED
0 GENERAL 7
0 AlTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
~&&ED 6‘/ ma 9 a==
(9 4s
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIlY(IES)
&3-V tIF fR&!33fW SIGNER(S) OTHER THAN NAMED ABOVE
61993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184