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Home My WebLink AboutMS 532; Harkins, William & Mary; 83-314065; Future Improvement Agreement/ReleaseRECORD 1 I\,IG REQUESTED By &ND >- .I bjy.f$ RECORDED, HAIL TO: >z -, 467 > City of CarTsbad 1200 Elm Avenue Carl sbad, CA gzoo8 i > r -- iit-.c‘UfiLlEIl I;“1 OFFiCfdt, HfGl!llcZ; OF SAN C;EGD Cu?i!tiTY,cA. 1%3 SEP -2 All 8: IO vwr-2 !...1.t”L.f I COUN f Y F;tl9liifEi+ Space above this line for Recor Documentary r tax: $No fee Signature of firm name ant de,termining tax- City of Carlsbad Parcel No. Zos-~m-ib, CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and M(LLl&m C. j-/Ai%iu$a hereinafter referred to as "Property Owner" RECITALS: WHEREAS, Property Owner has applied to City for a * Minor Subdi+isionv532 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 pub1 ic improvements hereinafter described are constructed and certain irrevocable offers of dedication are made to City; and WHEREAS, the Municipal Code of City and Section 20.28.060 attached hereto and incorporated by reference herein require certain _ imprcvements and dedications as a condition of a Minor Subdivision No.532 ; and WHEREAS, Property Owner has requested s Minor Subdivision be granted by City in advance of the time said i made; and * WHEREAS, Property Owner, in consideration of the approval of 01 I -- , .--.-w __- . . ___--.---- -.-- -.,-l_-..-. ..-- . ..__ -_ - .--- - _ _ -- - ^--- -... - _..__..__-. .---. -_.c . ..- .-__.-_ _-r._-... - _..--- -i , said Minor Subdivision -.M553Ld s /j s to en!!! I I e i e . - ) 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 . construct ion; 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 Minor Subdivision No. 533' Sect ion,.Z. That’ Property Owner, in lieu of making the herein- after described improvements before approval of said Minor Subdivision is granted, agrees to instal’l and construct, or cause to be installed . or constructed, said improvements in accordance with plans and specifi- cations approved by the City Engineer within 60 days after written demand so to do by City. Property Owner shall not be requi red to make said improvements -before 7-$‘H or w.ithin such further peri’od 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 inter- secting streets on both sides of the street upon which the property herein described has frontage, have agreed with City to install street improve- ments 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. Ci.ty estimates that. the cost of engineering and construction of said improvements at the time of signing this contract is w 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 faithFu1 performance of the promises : : . . (2) ._ ._.... .-..v. ( - ..-,-e---- . .._ ---.,- -1 -- -__L--.__I__ _.__ _____ "" _--.--.. --.- .--. _-- .-- --"-.---_ _ -.. ,_ . > , .I.. 469 - .’ and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of 9 plus any future increases of cost in excess ofth.is sucTl resulting from increased engineering and construction costs, and in the event Property Owner, his successors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time speci- fied herein, he agrees that City may do any or al? of the following: (a) Have .the necessary engineering for said improvements done, and install and construct said improvements by contract or other- I tvi se. City or its contractor and h’is 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, his successors, heirs, assi.gns, or transferees immediately upon completion of said improvements. in the event same is not paid within 30 days from . compl.et ion, 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 sai.d improve- -. ‘. ‘! ments, and foreclose said -lien in said amount. ij +: (c) Pursue any remedy, legal or equitable (including those B h f specifically referred to herein), for the foreclosure of a lien, and the : Property Owner, his successors, heirs, assigns, and transferees, shall be liable for reasonable attorney’s fees as a cost in said proceedings. Sect ion 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 orpurchasemoney deed of trust for value which-. has been or may in the future be executed by the Property Owner, his 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 here- inafter described is acquired by or as a result of a foreclosure or (3) --.~--Y -- ,- .-- _.--_ LI--cII.-cI--~- --e-L--., --.---w.- ,~ _- ____I____ __. II__----...____ _- \ . -.. i . _ :’ *-,t~u< tees’ sale of any z .h purchase money mortgag-Dr purchase money deed of trust. Sect ion 5. That at any time. during the period herein provided, the Property Owner, his successors, heirs, assigns, or transferees may deposit a cash bond or post a surety performance bond sat isfactory 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 t-he 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 pro- perty to be released from the lien herein imposed, Sect ion 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 1 iable for any persons or property injured by reason of said work or improvements, but al? of said liabilities shall be assumed by said Property Owner, and his successors, heirs, assigns, and transferees, and they shall save the City harmless from, and indemnify the City against, any and all claims, suits and li.abilities of or to any person or property injured or claim- ing to be injured as a result of said work or improvements. Said Pro- perty Owner, and his successors, heirs, assigns, and transferees, further agrees to protect said City and the officers and employees thereof from a?? liability or claim because of, or arisi,ng out of, the use of any patent or patented article in the construction of said improvements. Section 7. It is further agreed that said Property Owner will at all times up to the completion and acceptance of said work and im- provements by the City, give good and adequate warning to the traveting 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. Sect ion 8. This agreement and the covenants contained herein shall be bindinq upon and inure to the benefit of the successors, heirs, (4) ., ? ‘E ._ . . ..-. --- .- ’ *-- -.-. . ..~.,~.w--..w~-.m-- -----_---,---_--~--_ --.- ._ ..-____ __,._ I _,_.__.___________ _ _-.__.-__ --._-. .- __ . i -Y . I** * . ‘* 411 - # / ’ assigns, and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. Sect ion 9. A description of the property referred to herein and upon which said .lien is imposed is described as’foilows: (5) ...m _,_,......., -_ . -_c_- _.- .----- -- ..----.. - _-__-__.__.__ -_1--- I_--.-- _..._-_.--_ - _-.__ - -_-_--.. _. - ri. 472 ._ ‘I c t - Section 10, T':- required impro-Jements t45e constructed and _ . * . the estimated costs thereof are as follows: ‘1 . Improvements *. Estimated Costs $ .~$--~(7d70 ftf&O ot7~sdb -’ ~~Odt-OQ Dated: 'qq-yq)' . . : ‘. STATE OF CALIFORNIA') ) ss- COUNTY OF SAN DIEGO ) . TOTAL COST $ e CITY OF CARLSBAD, a Municipal Corpdration of the' State of California BY FRfVK D. ALESHNZ, City &nager ,: , On &&5-r- 9 /F3 t before me the undersi&ed, a Notar;y Public in and for z?aid State, personally'appedred Frank-D, Aleshire, known to me to be the City Manager of the City of Carlsbad, a Hunicigal Corporation of the State of California, known to me to be the .pe?son who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California; executed the same, . WITNESS my hand and official seal. APPROVED AS TO FORM$ Vincent F - Biondo, Jr. City Attorney (Notarial acknowledgement of execution of owners must be attach&) , -G- the undersigned Notary Public, personally appeared ~1111111111111111111lllllllllHllnllllllnnnullu~llnulllllllllluntlllll~lllll~nlllll~nlll~nnHl~nulll~n~ul ~~ OFFICIAL SEAL ELYSE RICHTER NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAi’J DIEGO COUNTY w \\ 1 \pcvIz c;. H* kivls. mw4\ L. l+-yvdG :nz ?4 personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. WITlESS my handand g!ficial seal. &W Notary’&ignature GENERALACKNOWLEDGMENT FORM 7110052 hAll”NAL NOtAWl ASSOCIAIION l 23012 Ventura Blvd. l Woodland H1lls.CA91364