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HomeMy WebLinkAboutFIA 96-02; DeJong, Arie & Silva; 1996-0041390; Future Improvement Agreement/Releaseh 1565 l-l iI 1996-0041390 26-JAM-19?6 03~12 FT! OFFICIFtL RECORDS SAN DIEGO COUNTY RECOKDEK'S OFFICE GREGORY SilITH~ ~~UN~~~~ECO~~E~ RF: 14.00 : 34.01 FL 19.00 1.00 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO City Clerk ; CITY OF CARLSBAD 1200 Carlsbad Village Dr. pi 1 Carlsbad, CA 92008 ) i;i Space above this line for Recorder's use. CITY OF CARLSBAD CONTRACT FOR FU!CURH PUBLIC IMPROVEMENTS Permit No. CB 951881 Parcel No. 205-020-08 FIA No. FIA 96002-1308 Pine Avenue THIS AGREEMEMT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as llCityH, and Arie E. DeJong, III.and Silva DeJong, hereinafter referred to as "Property Owner." RECITALS WHEREAS, Property Owner has applied to City for a Building Permit, Permit Number CB 951881 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 WREREAS , the Municipal Code of City requires certain improvements and dedications as a condition of approval of this AGREEMENTSUG-12.FRCl 1 Rev. 11/04/92 h - . . Building Permit; and 1566 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 WBBRBAS, 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; WOW, mm, ‘%T r# A4BWl5$3 Wtween the parties hereto as follows: Section x. That City agrees to record 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 January 2, 1998, 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 !I AGREERENTSUG-12.FRll 2 Rev. 11/04/92 - 1567 I 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 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 improv8ment at the time of signing this contract is five thousand seven hundred and four dollars ($5,704.00). 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 $5,704.00 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 AGREEMENTSUG-12.FRll 3 Rev. 11/04/92 - h 1568 the entire co& 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 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 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. Section 5. That at any time during the period herein AGREEMENTSUG-12.FRM 4 Rev. 11/04/92 -2569 provided, the Property Owner, Property Okner'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 execrft8'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 happ8ning 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 haI3Ul8SS 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 AGREEMENTSUG-lt.FRll 5 Rev. II/W/92 h 157() 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: Carlsbad Lands Subdivision Tracts 114 61 120 southeast half of Lot 11 /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// I// .RDCEYE”TC\ .E-1, cw 6 Dnv 11/M/07 - Section r~. The required - improvemenk to be constructed the estimated costs thereof are as follows: IMPROVEMENTS QUANTITY LJNITCOST ESTIMATEDCOSTS Engineering Lump sum 2,000 $2,000.00 Curb & Gutter 91LF 15.ooLF 1,365.OO Sidewalk 455SF 4.00SF 1.820.00 Sub-Total $5,185.00 10% Contingency 519.00 TOTAL $5,704.00 .sL ,Executed by Property Owner this /o day ofc%?d(ARt/ , 193cQ. PROPERTY OWNER Arie E. DeJoncr. III & Silva De Jonu A (Proper notarial acknowledgement must be attached) CITY OF CARLSBAD, a municipal corporation of the State of California- By: MARTIN ORENYAK\ for City Manager of execution 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: AGREEMENTSUG-12.FRM 7 Rev. 11/04/92 ,- CALtFbRNtA ALL-PURPOSE ACKNOWLEDGMENT State of California County of sa Diego On January 10, 1996 beforeme, Frances M. Kern . rv Puhllr 3 DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC” personally appeared Arie E. de Jong III 9 NAME(S) OF SIGNER(S) q 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. , 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 TITLE OR TYPE OF DOCUMENT TITLE(S) 17 PARTNER(S) 0 LIMITED 0 GENERAL 0 AlTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIl-Y(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 CALtFbFtNtA ALL-PURPOSE ACKNOWLEDGMENT 1573 No. 5907 State of California County of sa Diego On January 10, 1996 before me, Frances M. Kern Notary Public , DATE personally appeared Silva de Jong NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC” I NAME(S) OF SIGNER(S) &I personally known to me - OR - q 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. 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 TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 LIMITED q GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Ftemmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 -. lw4 CALlFdRNlA ALL-PURPOSE ACKNOWLEDGMENT State of G4ufNvu++ County 0f S&n A I 2470 On T&lUVpTR\/ . /9.!??1 before me, &ZI?mC 1988ZV , /vmAR I/ pv8~C, Date Name and Title of Off& (e.g., “Jane Doe, No& Public”) personally appeared &,4R Itm/ /> k 2 N YAK ’ I Name(s) of Signer(s) ,H personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@? whose name@) is/m subscribed to the within instrument and acknowledged to me that he/s4e/tt+ey-executed the same in hi&er/t&eir authorized capacity(ieej, and that by his/Rer/tReii signature@j on the instrument the person(s), or the entity upon behalf of which the person&j acted, executed the instrument. WITNESS my hand and official seal. A OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: cD/\)Qti Document Date: =$&t20/sAY lo fq4C Number of Pages: / Signer(s) Other Than Named Above: &! 6 Fma & . D .c /u/A Dr. Capacity(ies) Claimed by Signer(s) Signer’s Name: q Individual I7 Corporate Officer Title(s): q Partner - q Limited cl General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator A% Other: v D LlJtLdPm Top of thumb here Signer Is Representing: Cm .pjmhG cR Signer’s Name: Cl Individual 0 Corporate Officer Title(s): Cl Partner - q Limited q General 0 Attorney-in-Fact 0 Trustee Cl Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here 0 1994 National Notary Association l 8236 Remmet Ave., P.D. Box 7164. Canoga Park, CA 91309.7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627