HomeMy WebLinkAboutMS 08-06; LIN, HSHING-LUNG ADN CHENG-MEI; 2011-0211198; Future Improvement Agreement/ReleaseDOCtt 2011-0211198
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
APR 22, 2011 1:05 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 000
PAGES:8
Space above this line for Recorder's use.
CITY OF CARLSBAD
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
Project Name: Mashou Minor Subdivision
Project ID: MS 08-06
Assessors Parcel No.: 156-142-02
FIANo. 11-01
THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation,
hereinafter referred to as "City", and Hshing-Lung Lin and Cheng-Mei Lin, husband and wife, as
joint tenants, hereinafter referred to as "Property Owner."
RECITALS
WHEREAS, Property Owner has applied to City for a Permit No. PM 08-06 for the real
property hereinafter described as (see attached Exhibit "A"), 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 Mashou Minor Subdivision, MS 08-06; and
WHEREAS, Property Owner has requested that approval of said map, MS 08-06 be
MASTERS\FORMS\CONTRACTFUT-PUB-IMPVMNTS REV. 5/25/99
granted by City in advance of the time said improvements are to be made; and
WHEREAS, Property Owner, in consideration of the approval of said Parcel Map 08-06
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 Mashou Minor Subdivision, MS 08-06.
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 April 1,
2013, 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
MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 2 REV. 5/25/99
is sixty four thousand four hundred forty four dollars ($64,444). 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 $6,444 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 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.
MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 3 REV. 5/25/99
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 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 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
MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 4 REV. 5/25/99
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 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:
Section 10. The required improvements to be constructed and the estimated costs
thereof are as follows:
MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 5/25/99
IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS
Engineering
6" Curb & Gutter
Sidewalk
6" Aggregate
Base + 4"A.C. Paving
8 Inch Water Main
Remove Trees and Shrubs
8 Inch sewer main
.25 Street light
.25 Fire Hydrant
30" RCP Storm Drain
Lump Sum
100 LF
500
2000
100
100
100
SF
SF
LF
LS
LS
LS
LS
LS
Executed by Property Owner this
PROPERTY OWNER
Hshing-Lung Lin and Cheng-Mei Lin,
husband and wife as joint tenants
By:'1ALf
(sign her
U
(print name here)
(title and organization of signatory)
W iBy: L^tsU^-? Sfaju^ CW!
(print name here)
5,000
22.00 LF
8.00 SF
4.00 SF
74.24 LF
LS
96.75 LF
LS
LS
156.00 LF
Subtotal
15% Contingency
TOTAL
4-T-H . day of
$5,000.00
$2,200
$4,000
$8,000
$7,424
$2,000
$9,675
$690
$1,450
$15,600
$56,039
$8,405
$64,444
.- 201(.
CITY OF CARLSBAD a municipal
corporation of the State of California
LISAHILDABRAND
City Manager
5len K. Van Peski, P.E.
City Engineer
(title and organization of signatory)
(Proper notarial acknowledgment of execution by PROPERTY OWNER must be attached)
(Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the
Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer
signs, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorne
MASTERS\FORMS\CONTRACTFUT-PUB-IMPVMNTS REV. 5/25/99
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTjaseasgsessms^@isg!Sgi3@sg^^
State of California
County of
On ^
Date1
personally appeared
before
"Hsv\^-ct
Here Insert Name and Title*! the Officer
LJi r\GW«ve» - Mei Li\
Name(s) 01 Signers)•9
OFFICIAL SEAL
STEPHANIE DEL ROSARtO
NOTARY PUBLIC-CALIFORNIACOMM. NO. 1911774SAN DIEGO COUNTYMY COMM. EXP. NOV. 5,2014
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) ityare subscribed to the
within instrument and acknowledged to me that
h$sr)4/they executed the same in H^h^/their authorized
capacity(ies), and that by rj&t$/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
f'iace Notary Seal Above
WITNESS my hand and official seal.
Signature^;Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the documentanti could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
: ( — j>Title or Type of Document:
Document Date:
r T^x\vvv-<- W\SVvC~ \
Number of Pages:.
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer — Title(s):
D Partner — D Limited D General
C Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
RIGHT THUfjlBPRINT
OF SIGNER
Top of thumb here
Signer's Name:
D Individual
D Corporate Officer — Title(s):
D Partner — Q Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:.
C2O07 National Notary A;5soaation-9350 De Soto Ave.. PO.Box £40a'Chatsworth,CA 91313-2402 •www.NattonalNk5tary.orB Item #5907 Reorder Call Tod-Fw* 1-800-876-6827
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT 5 WILSONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2169, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, AUGUST 13, 1929.
10