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Home My WebLink AboutFIA 98-10; Rhead, Edward D.; 1998-0786655; Future Improvement Agreement/Release- . RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOG ‘I 1998-0786655 l-585 DEC 04s 1998 II:07 QMi OFFICIAL RECCIRDS SAN PIEGO COUNTY RECORDER'S DFFICE SEKW ;iEMTH, OTTER . I * . for Recorder’s use. FOR FUTURE PUBLIC IMP~~~hli&+i%f~ “~ r&$- “‘ ,,a’ FIA-No. :, >j( ,( i -j ,’ 4: )! _I ,,i[’ ; i,‘ b :.:+ -,$;;jj ,~&fj(/i~ : gr j $ &i&:~::;~i’*~ -I;i le and separate er CB 983154 for the 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 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 1 REV. 1 Z24l97 4$3\a ? , . . ;‘, - h . . 1586 I 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; I NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1. That City agre dication made by Prope@ Owner fo inafter described improvements be tall and construct, ore November or more of the frontage, 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 peti- tioned 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 six hundred fifty eight and OO/lOO DOLLARS ($5,658). Properly owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction costs at MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 2 REV. 12/24/97 A -1587 ~ 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 $5,658 plus any future increases of cost in excess of this sum resulting from increased engineering and constr Owner’s successors, improvements in the and install and nd contractor’s he event Same is not paid within of necessary engineering, and ?‘@“# $ lit: Ii :&‘:: ‘..iw.Lr: ‘14Lg~ i: &I*: .I‘ 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 holders, mortgagees, or beneficiaries of any purchase money mortgage or purchase money I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 3 REV. 12l24197 :* ‘. . . - h 1588 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 purchase money mo %ne during the period her e cost of said Section 6. Said City 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 successors, heirs, assigns or transferees, further agrees to protect said City and the officers and employees thereof from I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 4 REV. 12124197 4 : . .h - h 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 property. The Property Qu may be required by t@ Section 8,#; ‘ ,$ .i erous or defective conditions of public lspection of improvements as heirs all be binding upon thereof are as follows: Ill Ill Ill Ill Ill III Ill Ill MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 12l24197 lien is lnty of of the costs A - . 1590 IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS I Engineering Lump Sum 2,000 $1 ,ooo.oo Sidewalk 244 SF 4.00 SF $ 976.00 man as his corporation Edward D. R 6” Aggregate Base + 4” A.C. Paving 1,056 SF 3.00 SF $3,168.00 $5,144.00 !§ 514.00 $5,658.00 I Edward D L 1 (print name h I Owner (title By: (prir (title (Proper notarial acknowledgment of execution by PROPERTY OWNER must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one off&r signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL City Attorney I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 REV. 12!24/97 h State of California County of San Diego 1 On I l-17-98 before me,$~L~~~d’%@m - GsTMq pu6qc (Date) (Name, Title of Officer)’ personally appeared a)tim D ulwf-9 (Name[s] of Signer[s]) ~ personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person( F whose name( P 0 is re subscribed to the within instrument and acknowledged td me tha 0 hel he/they executed the same in his her/their authorized 0 capacity(i + ), and that by @her/their signature f ) on the instrument the person td ), or entity upon behalf of which the person 4 acted, executed the instrument. WITNESS my hand and official seal v----fi*n-**-Ah- JUUE ANN SHANNON ’ COMM. #I 176126 8 NOTARY PUBUC-CALlFOANlA -I nature of Notary (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above -