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Home My WebLink AboutFIA 96-05; Sonneman, Robert; 1996-0163546; Future Improvement Agreement/Releasec / J 2 trl (39 / RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO 1 City Clerk 1 CITY OF CARLSBAD 1 1200 Carlsbad Village Dr. Carlsbad, CA 92008 iqr- , ii ,. -+ :. “" Space above this line for Recorder's use. CITY OF CARLSBAD CONTRACT FOR FUTURE PUBLIC IBfPROVEMElWS Permit No. PR 6.121 Parcel No. 204-131-03 FIA No. FIA 96005-WALNUT AVE. & LPNCOLN ST. THIS A(3RREMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as IrCity", and Robert H. Sonneman, hereinafter referred to as "Property Owner." RECITALS WHEREAS, Property Owner has applied to City for a street vacation for portions of Walnut Avenue and Lincoln Street fronting the property now under Property Owner' ownership; and WHEREAS, the Carlsbad City Council, by adopting City Council Resolution No. 96-34, vacated those portions of Walnut Avenue and Lincoln Street so requested on condition that the property owner post securities guaranteeing installation of curb, gutter, sidewalk and street widening; and WHEREAS, the City council in said resolution instructed the City Clerk to not record said resolution until the terms of said resolution have been complied with; and AGREEMENTS\AG-12.FRW 1 Special , - 558 .- WHEREAS, Property Owner has reguestea that said City Council Resolution be recorded in the Office of the San Diego Recorder thereby making the aforesaid street vacation become effective and complete; and WHEREAS, Property Owner, in consideration of the recording of said City Council Resolution and in compliance with the terms of said City Council Resolution, 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, TRERIWORB, IT I8 AGREED between the parties hereto as follows: Section 1. That Property Owner, in lieu of making the hereinafter described improvements before the recording of said City Council Resolution, 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 prior to the issuance of a building permit on the subject property. 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 seventeen thousand four hundred thirty four dollars ($17,434). 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 2. 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 $17,434 plus any future increases of cost in excess of this sum AGREEMENTSVG-12.FRH 2 Special - 559- 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 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 3. 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 AGREEMENTS\AG-lZ.FRW 3 Special 560 - -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. -4 . 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 5. 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, AGREEMENTSVG-12.FRM 4 Special - 561 - 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 6. 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 z . 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 8. A description of the property referred to herein and upon which said lien is imposed is described as follows: Parcel 3 of Tract 216 of the Thum Lands Subdivision as shown on Map 1681 recorded in the Office of The San Diego County Recorder on December 9, 1915. Said parcel being the easterly 91 feet of Tract 216. /// /// /// /// AGREEMENTSUG-lt.FRM Special - . 562 - ’ I. Section 9. The required improvements to be constructed and the estimated costs thereof are as follows: IMPROVEMENTS OUANTITY UMTCOST ESTIMATEDCOSTS Engineering Lump Sum Curb & Gutter 291 LF Sidewalk 455 SF Paving 3790 SF 2,000 $1,000.00 15.ooLF $4,365.00 4.00/SF $5,828.00 $1.6O/SF $4.656.00 Sub-Total $15,849.00 10% Contingency 1.585.00 TOTAL9 ;;;zhK Executed by Property Owner this I PROPERTY OWNER CITY OF CARLSBAD, a municipal of the State of Robert H. Sonneman (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: AGREEHENTSUG-12.FRM rc4 * State of California AGREEMENTSVG-12.FRCl Special