HomeMy WebLinkAboutFIA 95-11; Henry, Charles H. and Sharron; 1995-0534992; Future Improvement Agreement/Release-1 c,
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RECORDING REQUESTED BY
AND UHEN RECORDED HAIL TO:
City Clerk
CITY OF CARLSBAD 1200 Carl&ad Village Dr.
Carl&ad, CA 92008
Gs”, # 1995-0534992 27-tWU-1995 01:06 Ptl
OFFICIAL RECORDS SAN DIEGO CDUHTY RECORDER’S OFFICE
28.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 210-115-15 PROJECTNO. C NAME: Henrv Residence FIA 95011 - (5501 Los Robles Dr.1 Permit No. CB952165 1 CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMERT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as IICityl*, and Charles H. Henry
and Sharron, O'Connor-Henry, hereinafter referred to as "Property
Owner.“ .
RECITALS
wEEREas, Property Owner has applied to City for a Building
Permit Number CB951165 for the real property hereinafter described, ?
now under Property Owner's ownership; and
WREREAS, 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
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
AGRESMEWT$4G-l2.PRM Rev. llm91
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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 AGREED between the parties hereto as
follows:
Section 1. That City agrees to re+zord any irrevocable offers
of dedication made by Property Owner for approval of said Building
Permit.
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 September 30, 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 which
the property herein described has frontage, have agreed with 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
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1143
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 TWO
THOUSAND EIGHT HUNDRED EIGHTEEN and OO/lOO DOLLARS ($2,818).
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
$2,818 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 following:
(a) Have the necessary engineering for said improvements
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 and payable by
said Property Owner, Property Owner's successors, heirs, assigns or
transferrees 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.
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W ’ 'Direct the City Engineer 30 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 been or may in the future be execuked 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 subsequrssnt 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 againat any owner whorse 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, 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
AGR-Cl 7.PPU A n-- . . ..e...
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A h 1145 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 compl&ion 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 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
II AGmG12.FRM 5 Fbv. 1lm91
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 202 Map No. 4064 Terramar Unit No. 6, filed in the office of the recorder of San Diego County on January 27, 1959.
Rev. llm91
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Section 10. The required improvements to be constructed and the
estimated costs thereof are as follows:
IMF'ROVEMENTS QUANTITJ? UNITCOST ESTIMATED COSTS
Curb & Gutter 70 SF $15.00 IF $1,050.00
Sidewalks 350 SF $4.00 SF 1,4-00.00
15% Contingency
TOTAL
Executed by Property Owner this
368.00
$2,818.00
day of !?ff&Ep , 19%
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PROPERTY OWNER
Charles H. Henry and Sharron O'Connor H nrv (Name of Property zwner)
By: (sign here)
Cha le ft HQQZV (prmt'name here)
Owner (title and organization of signatory)
By: (sign here)
Sharron O'Connor Henrv (print name here;
Owner (title and organization of signatory)
CITY OP CARLSBAD a municipal corporation of the State of California fi
By: tiTfN OREN!&& for City Manager
ATTEST:
ALETHA L. RAUTENKRAMZ, City Clerk
(Proper notarial acknowledgement of execution by PROPERTY OWNER must be attached)
(President or vice-president must sign for corporations. an;fsez;cr;ary oro~f~c~~nt.secret;at?& one signs, 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:
AGRlBMTWTWG-12FRM 7 Rev. llm9l
1148
State of California
personally known to me (or proved to rnb on the basis of satisfactory evidence) to be the person(s) whose name(s) ware subscribed to the within instrument and acknowledged to me that h-/they executed the same in hi-r/their authorized capacity(ies), andthatby h-&+&r/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument.