HomeMy WebLinkAboutFIA 97-01; Craig Realty Group; 1997-0185220; Future Improvement Agreement/Release.
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
637 OFFICIAL RECORDS SAN DIEGO CUUNTY RECORDER’S OFFICE iiREGURY S;‘T;; COUNTY RECORDER RF:
;;; 1&o FEES: 28.
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---xi I 1997-~185~~~ &APH-1997 03305 PI
Space above this line for Recorder’s use.
CITY OF CARLSBAD
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
Permit No. CB 962360
Parcel No. 21 l-022-03,21 1-022-I 7
FIA No. FIA 97001
THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation,
hereinafter referred to as “City”, and Craig Realty Group, Carlsbad LLC, a California Limited
Liability Company, hereinafter referred to as “Property Owner.”
RECITALS
WHEREAS, Property Owner has applied to City for a Permit Number CB 962360 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
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
AGREEMENTSWG-12 FRM 1 Rev. I l/04/92
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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 record any irrevocable offers of dedication made by
Property Owner for 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
to do so by City. Property Owner shall not be required to make said improvements before
February I, 1999, 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 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 seventy five thousand and OO/lOO DOLLARS ($75,000). Property owner hereby
AGREEMENTSUGlZ.FRM 2 Rev. 11104192
3339
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 $75,000 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 Owners 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 transferees 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 transferees, 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
AGREEMENTSAG-IP.FRM 3 Rev. 11104l92
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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 Owners 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 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
AGREEMENTSbIG-lP.FRM 4 Rev. 11/C4/92
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641
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 shall be binding upon
and inure to the benefti 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 3 of Carlsbad Tract No. 92-7 Carlsbad Ranch Unit I and
I I per Map No. 13078 and Lot 2 of CT 94-09.
Section 10. The required improvements to be constructed and the estimated costs
thereof are as follows:
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AGREEMENTSUG-12.FRM Rev. 1 ~/LWSZ
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TRAFFIC SIGNAL AT THE MAIN ENTRANCE ON PASEO DEL NORTE:
IMPROVEMENTS
Design, construction and
inspection of a fully
actuated traffic signal
QUANTITY UNIT COST ESTIMATED COSTS
1 $75,000 $75,000
Executed by Property Owner this 4 day of mhw, 1941.
PROPERTY OWNER CITY OF CARLSBAD a municipal
CRAIG REALTY GROUP, CARLSBAD, LLC, corporation of the State of California
bility company
r3 2. h-44
Steven L. Craig
(print name here)
Managing Member
(title and organization of signatory)
(Proper notarial acknowledgment 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
AGREEMENTStAG-12.FRM Rev. 11 KM192
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*a
CALIFORNIA ALi-PURPOSE ACKNOWLEDGMENT 643
.
State of CL&. &--ML-J
personally appeared u b ame of Signer(s)
6 ersonally known to me - OR - 0 proved to me o asis of satisfactory evidence to be the persone
whose name(s)W subscribed to the within instrument
and acknowledged to me that heM&hey executed the
same in his/be&heir authorized capacity&+, and that by
his/h&their signaturewon the instrument the personC3r;
or the entity upon behalf of which the person(Syacted,
executed the instrument.
WITNESS my hand and official seal.
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 reaftachment of this form to another document.
Description of Attached Document
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
q Individual
0 Corporate Officer
Title(s):
Cl Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
q Guardian or Conservator
Cl Other:
Signer Is Representing:
Top of thumb here
Signer’s Name:
0 individual
0 Corporate Officer
Title(s):
0 Partner - Cl Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
1994 National Notary Association l 6236 Remmet Ave., P.O. Box 7164 * Canoga Park, CA 91309-7164 Prod. No. 5907 t-sorosr: tiall lowrse 1-ew-8nwkw
P
‘
644
State of California >
1 County of San Diego )
On March 18, 1997 before me, Ronna S. Stickrod, Notarv Public , personally
appeared Martin Orenvak , personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, 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 and official seal
(!&is area for official notary seal)
Title or Type of Document Contract for Future Public Improvements, FIA 97001,
APN211-022-03 & 211-022-17, CB962360
Date of Document March 4, 1997 No. of Pages 6
Signer(s) other than named above none