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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. h 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill ., 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 $9,120.00 Executed by Property Owner this day of&-& ,192 JZJ,+ 1 PROPERTY OWNER CtTY OF CARLSBAD a municipal ~~~a~~n of the State of California Kurt B. Musser and Sherry1 Jo j g‘:p’“~iG-l .] i : : i 1 L LIE y&y ;lii pLi: 4% Joint Tenants, Musser(~,~,~ :s.;‘:, :: ‘ ,: ~+),: ,R . ::j::ilsl !,@.~.. ;sE/~ ‘,‘, I3 ! I :o (( i ;“$~~.,~.; I 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),