The URL can be used to link to this page

Home My WebLink AboutMS 814; Brandow, Bradley & Gayle; 1992-0801938; Future Improvement Agreement/Releasel : : . P c w- /G h 686 RECORDING REQUESTED BY AND ) WREN RECORDED MAIL TO C,*+- Clef 4 ; CITY OF CARLSBAD 1200 Carlsbad Village Dr. ; Carlsbad, CA 92008 1 ‘SC it ~992-oeo~93e 1%-m-1992 11=2&i AH 9FFICfFl REf?!m Say DIEGO Rwm RECOKDEK’S OFFIcE P#!$JJE E!,@& f!#J" REEO!$ER $f: 10.00 FEES: 26. i t$: 15.90 !F: 1.00 Space above this line for Recor- OF CARLSBAD .3&*lit No., P&rcel No. 256-142-15 COBtTRAb FOR FUTURE PUBLIC IMPRGVEHENTS MS 814 NT is made by the City of Carlsbad, a:'municipal corporsrt~ion~ hereinafter referred to as IICityft, and Bradley S. Brandow and Gayle E. Brandow, Husband and Wife as Join& Tenants, hereinafter rlferred to as "Property Qwner." RECITALS =-, ~"Propisrty Owner has applied to City for a Minor Subdivision Number 814 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 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 814; and WHEREAS, Property Owner has requested that approval of said 1 Rev. 11/05/91 l,# ‘., .. .j - . 687 Minor Subdivision 814 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 814 desires to enter into this agreement securing the construction of said improvements, and City has determined it to be in th&&ub%i&interest to agree to temporarily postpone said con@tru&i@ny NOW, I XT Ib ~&G&D between the parties hereto as follows: Section'l. That City agrees to record any irrevocable offers of dedication -made by Property Owner for Wilson Street. Seat~ion 2 * That Property Owner, in lieu of m&king the hereinafter described improvements before approval of &id Minor Subdivfsion 814 is granted, agrees to install and con&ruct, or cause to be installed or constructed, said improvements in accordance with plans and specifkcations 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 improvements before Noveaber 131 1993, or within such further period of time as is grbn&d 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 I 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 2 Rev. ll/O5/91 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. hi )( " (' Said improvsmtitis'sm'i&Xl-J$ti "made without cost or expense to City. City ee;stiwa+ess' *hat the cost of engineering and construction of said improvement at the time of signing this contract is twenty thousand and OO/lOO DOLLAF& ($20,000). Property owner hereby acknowledges that said cost is a'reasonable estimate of engineering and construction costs at thid time and that tbcz actual cost of same at some time in the future may exceed this esti@M$e, Sectlon 3. That for the faithful performance of I&e promises and covenants herein contained, Property Owner hereby grants to City a lien upon the hereinafter described property in the amount of $20,000 plus any future inersases of cost in excess of this sum resulting from increased engineering and construction costs, and in the event Property Owns9~, Prtiperty 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 follow- ing: (a) Have the necessary engineering for said improve- ments done, and install and construct said improvements by contract or otherwise. City or its contractor and contractorls employees may enter upon any portion or portions of the property 3 Rev. 11/05/91 . */ I ,: . . II 689 - 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 ortransferrees immediately upon completion of said improvements. In the event same is not paid within thirty (30) days from completion, City ~~~~~~~~~lc~~ said lien as provided by law for the foreclcsure OP.martgdges. (b) bfrect thie,&ty I&@neer to estimate the cost of necessary engfnasring, and the work required to install and construct said bmprovements, and foreclose said lien in said amount. (e) 'Pursue any remedy, legal or equitable [including those specificdlly referred to herein), for the forecl&ure of a ,' lien, and the Property Owner, Property Owner's successors, heirs, assigns and transferrees, 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 purch&se monep 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 4 Rev. 11/05/91 690 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 satisf&HX&$*~~t&: "t;"he City to charge said surety with the cost of~sa$-r?l ~mprovemex~ts; the amount of bond to be the estimated co& af engineering and improvements at the time of such deposit or posting as ascertzrine& by the City Engineer, and that upon deposit of @aid cash or posting of said bond the City agrees to release the property, or any portion of it as to which said depositor posting applies, from the provisions of this agreement, and to execute any necessary release to enable the record'title of the property to be released from the lien herein imposed. SeCtion 6. Sai& City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified in thfs agreement prior tu the completion and acceptance of the same, nor shall said City, nor any officer or employee thereof, be liable for tiny persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by said Property Owner and Property Owner's successors, heirs, assigns or transferees, and they shall save the City harmless from, and indemnify the City against, any and all claims, suits and liabilities of or to any person or property injured or claiming to be injured as a result of said work or improvements. Said Property Owner, and Property Owner's successors, heirs, assigns or transferees, further agrees to protect said City and 5 Rev. 11/05/91 ,- 699. - the officers and employees thereof from all liability or claim because of, or arising out of, the use of any patent or patented article in the construction of said improvement. Section 7. It is further agreed that said Property Owner will at all times up to the completion and acceptance of said work and improvements by the CjiGyi"g$W good and adequate warning to the traveling public bf any dangerous or d&fective conditions of public property, The Prop&?&y Owner hereby agrees to pay for such inspection of improvements as may be required by the City Engineer of City. Se&ion 8i. 'F!his agreement and the covenants conkaified herein shall be binding upon and inure to the benefit of the successors, heirs, assigns'and transferees of Property Owner, shafl run with said real ptq&ty, and create an equitable servitude'upon said real praperty. Section 9 ‘ A descY-iption of the property referred to herein and upon tihfah said lien is imposed is described as follows: THAT PORTTON OF IbT 4 OF WXLSUNIA TRACT, IN TWE CITY OF CARLSBAD, COUNTY OF SAN, DTEGO, STATE OF CALIFORNIA, ACCORDING TO &iAP TBEREOF NO, 2169, FILED fN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 13, 1929 AS DESCRIBED IN ~~~~R~C~RR~~ JULY 31, 1990 AS FILE NO. go-414047 OF OFFIC'IAL RECORDS. /// /// /// /// /// /// /// /// 6 Rev. 11/05/91 -.” . . i . I , .- 692 - Section 10. The required improvements to be constructed and 'the estimated costs thereof are as follows: IMPROVEMENTS ESTIMATED COSTS Frontage Improvement (Curb, Gutter, Sidewalk & Paving) Inspection 83.79 LF @ 180/lf $15,082.20 Materials Testing (7% of Construction) 1,055.75 Project Administration Lump Sum 500.00 (5% of Construction) 754.11 Subtotal +15% Contingency 17,392.06 2,608.81 TOTAL COST $20, 0.00 Executed by Property Uwner this 9” 19 day of * 1994 . PROPERTY OWHESR CITY OF CARLSBAD a municipal corporation of the State of California By: Bradlev S B andow (print ,fiame k&e) ATTEST: tory 1 Gavle E. Brando (print name her:) ALETBA RAUTENKRAWZ City Clerk / Co-Owner (title and organization'of &Jqnatory) (Proper notarial acknowledgement bf execution by PROPERTY OWNER must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: , /- Deputy City Att&ney 7 Rev. 11/05/91 . State of n California , Countyrbf San Diego SS. OFFICIAL SEAL NOTARY PUBLIC CIIFOR~~ SAN DIEGO COUNTY On this the 4 day of September x32?, before me, Susan L. Ames the undersigned Notary Public, personally appeared Bradley S. Brandow and Gay$e i. Brandow 3% personally known to me ‘5 0 proved to me on the basis of satisfactory evidence : to be the person(s) whose name(s) are subscribed to ttie : within instrument, and acknowledged that GENERAL ACKNOWLEDGMENT FOAM MBC-MISC-504 (2183)