HomeMy WebLinkAboutMS 812; Martinet, Edward & Rosanne; 1996-0538537; Future Improvement Agreement/Release. -
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XC # 1996-0538537 24-OCT-1996 08048 API
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384 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY Sf;T;!l COUN;;E;ECDROER RF:
;r 15:oo : 28.0
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
Space above this line for Recorder’s use.
CITY OF CARLSBAD
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
Permit No. MS 812
Parcel No. 207-022-I 8 (4111 Park Dr.)
FIA No. 96011
THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation,
hereinafter referred to as “City”, and Edward D. Martinet and Rosanne M. Martinet, hereinafter
referred to as “Property Owner.”
RECITALS
WHEREAS, Property Owner has applied to City for a Minor Subdivision MS 812 of 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 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
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AGREEMENTS\AG-12.FRM 1 Rev. 11/04/92
WHEREAS, ?roperty 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 improve-
ments, 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 Minor Subdivision.
Section 2. That Property Owner, in lieu of making the hereinafter described
improvements before approval of said Minor Subdivision 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
so to do by City. Property Owner shall not be required to make said’improvernents before
January 1, 1997, 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
AGREEMENTS\AG-12.FRM 2 Rev. 11/04/92
. - 3-86 / , contract is THRt=ti THOUSAND NINE HUNDRED SIX1 Y FIVE and OO/lOO DOLLARS I
($3,965.00). 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 $3,965.00 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 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.
Section 4. That it is agreed that anything herein contained to the contrary
AGREEMENTS\AG-12.FRM 3 Rev. 11/04/92
. a 3E17 e _ .
notwithstanding, tllc 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 improve-
ments 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,
II AGREEMENTS\AG-12.FRM 4 Rev. 11/04/92
/4 3P
assigns or transft,ces, 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:
PARCEL 3 OF PARCEL MAP NO. 10776, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON DECEMBER 9, 1980, AS FILE NO. 80-413850 OF
OFFICIAL RECORDS AND AS ADJUSTED PER CERTIFICATE OF
COMPLIANCE RECORDED MAY 3, 1990 AS FILE NO. go-241949 OF
OFFICIAL RECORDS.
Section IO. The required improvements to be constructed and the estimated costs
thereof are as follows:
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AGREEMENTS\AG-12.FRH Rev. 11/04/92
. .
IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS
Engineering
Curb & Gutter
Sidewalk
6” Aggregate
Base + 4” A.C.
Paving
Lump Sum 2,000 $2,000.00
15LF 15.00 LF $225.00
75 SF 4.00 SF $300.00
360 SF 3.00 SF $1,080.00
Subtotal $3,605.00
10% Contingency $360.00
TOTAL $3,965.00
Executed by Property Owner this j7 day ofJUIy ,197b -.
PROPERTY OWNER
Edward D. Martinet
CITY OF CARLSBAD a municipal corporation of
Edward D. Martinet
(print name here)
Owner
Rosanne M. Martinet
(print name here)
Owner
(title and organization of signatory)
(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 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 Attorney
AGREEMENTS\AG-12.FRM Rev. 11/04/92
CALIFORNIA ALL-PURPtSE ACKNOWLEDGMENT
State of
County of
On LA r7
personally appeared
before me,
Name(s) of Signer(s)
0 personally known to me - OR - $& roved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)&are subscribed to the within instrument
and acknowledged to me thatj&/stMthey executed the
same in H&/b&their authorized capacity(ies), and that by
J&/&$/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand
6.3dT;aw
13yLhk
Signature of Notary Public I
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: A& Gr- G+ R &bk %kh-Wd
Document Date: 7117 /q@ “’ Number of Pages: ’ v
Signer(s) Other Than Named Above: ubti’/J On ad%u &
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
0 Individual
I7 Corporate Officer
Title(s):
q Partner - q Limited Cl General
0 Attorney-in-Fact
Cl Trustee
0 Guardian or Conservator
$ Other: /%ShDC
Signer Is Representing:
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Cl Individual
0 Corporate Officer
Title(s):
q Partner - Cl Limited q General
0 Attorney-in-Fact
0 Trustee
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&j Other: fi~-ti ~4 Y
Signer Is Representing:
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0 1994 National Notary Association l 8236 Remmet Ave.. P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827
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CAMORNIA ALL-P”RP;;SE ACKNOWLEDGMENT 3 9 1
State of
On 0 (%rflzA 9. /%L before me, R-4 c,flcrg -&&!? w
Date Name and Title of Officer (e.g.. “Jane Doe. N&v Public”)
I
/!mF#kj v A-$! m,AiQr//1/ /. personally appeared
&me(a) of S&w(s) I
F personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@j
whose name@+ is/w subscribed to the within instrument
and acknowledged to me that he/slMhqexecuted the
same in his/h&tt?&authorized capacity(i&$, and that by
his/fteclthei@gnature@J on the instrument the person(s),
or the entity upon behalf of which the personm acted,
executed the instrument.
my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: 70 $FF
Signer(s) Other Than Named Above: I!?B f@$u3 B &f,&QYl @Q- + t!?Q<&f 4r $7 f&H? ,7m
Capacity(ies) Claimed by Signer(s)
Signer’s Name: cl [J/?tw&g
0 Individual
0 Corporate Officer
Title(s):
Cl Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
Signer Is Representing:
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Signer’s Name:
Cl Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
q Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
El Other:
Signer Is Representing:
Top of thumb here
@ 1994 National Notary Association l 6.236 Remmet Ave., P.O. Box 7164 * Canoga Park, CA 91309-7164 Prod. NO. 5907 Reorder: Call Toll-Free 1-600-676-6827