HomeMy WebLinkAboutMS 751; Musser, Kurt & Sherryl Jo; 1998-0613921; Future Improvement Agreement/ReleaseDOC #-l998-0613921
SEP 25s 1998 I:34 PM
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
DFFICIAL RElmDS SfW DIEUJ COUNTY RECUlDER’S i.HICE GEGDRY ~MlH, CWNTY RErnDER : 0.00
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 minor subdivision; and
WHEREAS, Property Owner has requested that approval of said minor subdivision be
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 minor subdivision
desires to enter into this agreement securing the construction of said improvements, and City
.
1
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 3252 Highland Drive.
Section 2. That Property Owner, in lieu of making the hereinafter described . ,
improvements before approval of s agrees to install and construct,
or cause to b rdance with plans and
specifications appro ten demand to do
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 nine thousand one hundred twenty and OO/lOO DOLLARS ($9,120.00). 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 $9,120.00 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 an~d,:% (~ I !&ji, / (i“’ 2’: &herein, Property Owner agrees that
one, and install and
the work required to
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
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.
Property Owner’s succes
surety performance
e Property Owner,
sh bond or post a
the cost of said
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
all liability or claim because of, or arising out of, the use of any patent or patented article in the
construction of said improvement.
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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.
and inure to the ben
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PROPERTY FRONTING HIGHLAND DRIVE
IMPROVEMENTS
Highland Drive Half Street Paving Curb And Gutter,
Sidewalk, Share Of Street Light And Fire Hydrant,
Contingency And Engineering
ESTIMATED COSTS
$9,120.00
Executed by Property Owner this day of&-& ,192 JZJ,+
1 PROPERTY OWNER CtTY OF CARLSBAD a municipal ~~~a~~n of the State of California Kurt B. Musser and Sherry1 Jo j g‘:p’“~iG-l .] i : : i 1 L LIE y&y ;lii pLi: 4%
Joint Tenants,
Musser(~,~,~ :s.;‘:,
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2 bitin here~,II’I;.$i,, I;-“, ,::’ ” y@ ~.‘&jJ
~j,,,::%;%i:.,, for’
1 (title and ormr;j@tibx
I (print name her ~‘&X$ii >‘i*;#“@$pii I r:,i:~,:i.l~:l~,:;~~;::,lii:iii., _Zi _$ ,;: 3 ,,,;,.:~,i-:ii‘:i~,,~~ 3;‘ !: i i ::i:,i;&,;.:
ust sign for corporations. If certified by the secretary or 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
State of California
County of San Diego
personally appeared \ GJJd !d l-ttAp,LY , . & Mdm.. , personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to m.e.@h&e/shelthey executed the same in his/her/their
or entity upon be
&on the instrument the person(s),