HomeMy WebLinkAboutFIA 95-03; Mullen Family Trust; 1995-0130175; Future Improvement Agreement/Release1039 i \, DOE #I 19954130175
$ 29-I’IAR-1995 02324 PM
OFFICIAL RECORDS
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO 1 City Clerk CITY OF CARLSBAD ; 1200 Carlsbad Village Dr. ) Carlsbad, CA 92008 1
ShH DIEGO COUNTY RECORDER’S OFFICE 6REGDRY St;M; COUN;;EfECORDER RF1 lf&D
: 28.01
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Space above this‘iine for Recorder's use. CITY OF CARLSBAD Permit No. CB950167
Parcel No. 203-140-04
FIA No.95-003, 2617 Ocean Street
CONTRACT FOR FUTURE PUBLIC IMPROVEMEIPTS
THI8 AoRIc1sMEMT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as VityH, and Mullen Family
Trust, hereinafter referred to as "Property Owner."
RECITALS
WREREAS, Property Owner has applied to City for
Building Permit Number CB950167 for the real property hereinafter
described, now under Property Owr!erts 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
WHEREAS, the Municipal Code of City requires certain
improvements and dedications as a condition of approval of this
Building Permit; and
AGREEMENT&IQ1 2.FRM 1 Rev. 1 l/04/92
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- 1-40 WHEREAS, Property Owner has requested that approval of said
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, TEERZWORN, IT X8 AC3RBED between the parties hereto as
follows:
Section 2. That City agrees to record any irrevocable offers
of dedication made by Property Owner for approval of said Building
Permit.
Section 3, 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 March 20, 1997, 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
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which the property herein described has frontage, have agreed with
City to install street improvements to City specifications.
WI 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 FIVE THOUSAND THREE HUNDRED FORTY FOUR and OO/lOO
DOLLARS ($5,344.00). 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 $5,344.00 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
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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 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
I 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 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.
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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 Cwner 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.
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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 5 of Block A of Map No. 2 of the Hayes Land Company in the City of Carlsbad, County of San Diego, per Map No. 1221.
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AGREEMENTSbIG-12.FRM Rev. 11104/02
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Section 10. The required improvements to be constructed and the estimated costs thereof are as follows:
IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS Engineering Lump sum $2,000.00 2,ooo.oo Curb &.Gutter 25 SF 15.00/LF 375.00 Sidewalk 125 SF 4.00/SF 500.00 6" Aggregate Base + 4" A.C. Paving 625 SF 3.00/SF 1,875.OO Street Light 25 LF 3,150.00/500 LF 158.00 Subtotal 4,908.OO 15% Contingency 436.00 Total 5,344.oo
Executed by Property Owner this /7 19u.s' day of tW--& I .
PROPERTY OWM'ER: City of Carlsbad, a municipal corporation of the State of California Mullen Family Trust
(Proper notarial acknowledgement of exe&ion 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 ;;I
Assistant Ci&Aktorney
AGREEMENWG-12.FRM 7 Rev, 11/04/!22
A
State of California
County of San Diego
On -, 3 rvks before me -j%h. 3oclLen personally appeared 2 I Acbf=wr+ 6 ibullep\ m-d R-s. p4b IlCh, M .D.
1.. 1-e (or proved to me on the basis satisfactory evidence) to be the person(s) whose name(s) subscribed to the within instrument and acknow executed the same in and that by his/her/ instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal (SEAL) I bb,
(SignaXure)
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AGREEMENTS\AG-1 P.FRM a Rev. 1 l/04/92