HomeMy WebLinkAboutMS 98-01; Jensen, Jon; 1999-0247275; Future Improvement Agreement/Release. 4 .
Recorded at the request Of
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Chicago Title
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
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SAli DIEGG Lf.XlWTY WXHIER’S DWCE GEXIW 3. WTH~ CUATY f?EKRDER FEES: %C; ~ $$
:,I’ ” ‘, 19994217278 :: (,Il~l@ j __((ii_:,(((( +:)(, ‘( ,, “, ((acid:’ /.,s: (> (~(~ :* L +g; Ls i( Space above this line for Recorder’s use. i (, (L’ (
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~~C~#‘&@tk$T FOR FUTURE PUBLIC IMPkbV~MENTS
Project No. MS 9841
kircel No. s
FIA No. FIA99tj62
, THIS AGREEMENT is made by the City of ~Carlsbad, a municipal corporation, ~%
hereinafter referred to”as “City”, ,and Jon A. Jensen.,” hereinafter referred ‘to as “Property
,,‘E> Owner.” ,a : ‘,
“ RECITALS 2 3 “ ‘, a’,‘ ,,:; :( ;I, : ,(
WHEREAS, Property~Owner ~has”appke;d ~toCity”for a Project Number MS 98-01 for the _I,: ‘/: real property hereinafter descr%&, ‘now under Propert$Ownet%ownership; and
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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 No. 98-01 and
WHEREAS, Property Owner has requested that approval of said MS 98-01 be granted
by City in advance of the time said improvements are to be made; and
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WHEREAS, Property Owner, in consideration of the approval of said MS 98-01 desires
to enter into 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 construction;
NOW, THEREFORE, IT IS AGREED between the parties hereto as follows:
Section 1. That Property Owner, in lieu: of, making the hereinafter described ,a):‘ ~,
improvements before approval ‘of said mfhoi subdi$&ion”‘is granted, agrees to install and )‘(
construct, or cause to, ,be installed or~c&&icted,~ .&& lm’provements ‘in accordance with plans
’
and specifications approved by’the City Engineer within sixty (60) days after written demand to
do so by City. “Prop& Owner shall not be required to make’:$aid improvements before
January I, 2002 or withi’n 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 grantedby City: s:, : (‘I ,, ;
,:,
(a) When the’City Council finds”that’the owners c#40%‘or~more of the frontage, ,g:
including the front&# of“Propet$ Owner, between inters&@/g streets’ on both sides of the 6 ”
street upon which the prope’ity here[n’descri~~~‘~~~“‘frontage, have agreed with City to install :i, I :‘;&gq,:( street improvements to City sp~ecifioations. (-Ii! ”
(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 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 thirty three thousand three hundred fifty and OO/lOO DOLLARS ($33,350). 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.
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Section 2. 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 $33,350 plus any future increases of cost in excess of this sum resulting from
increased engineering and construction costs, and in the event Property Owner, Property
Owner’s successors, heirs, assigns; oi”trar%$erees fail to install and construct said
improvements in the manner an&, v&in the time’spe&ed tie&n, Property Owner agrees that
City may do any or all of the following: :, “,
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(a) ‘fiave‘tha necessary engineering for said in$ruvernent& done, and install and : 1 construct said improvements by contract or otherwise. City or its‘$ontractor and contractor’s I, ,( “ i,,( ‘: 0:
employees may enter upon any portion or portions of the property; reasonably necessary for )‘, j
said engineer&g and construction, and the entire cost and expense%hall be charged against
said property and’ pay$ble by said Property Owner, Property O&e& successors, heirs, :i’
assigns or transfereesknmediately upon completion of said’improvements. In the event same
is not paid within thirty“(3b),‘days from completion, City may for&lo&‘&M lien as provided by ci (( __,_ ::( law for the foreclosure of~mortgages. “
(, ,‘> ,:
(b) Direct the C’ity >Engineei to: estimate the cost of necessary engineering, and
i the work required to install antf reconstruct said ‘Improvements: and foreclose said lien in said
amount.
(c) Pursue any remedy, legal or equitable (including those specifically referred to
herein), for the foreclosure of a lien, and the Property Owner, Property Owner’s successors,
heirs, assigns and transferees, shall be liable for reasonable attorney’s fees as a cost in said
proceedings.
Section 3. That it is agreed that anything herein contained to the contrary
notwithstanding, the promises and covenants made herein shall not be binding upon the
holders, mortgagees, or beneficiaries of any purchase money mortgage or purchase money
deed of trust for value which has been or may in the future be executed by the Property Owner,
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Property Owner’s successors, heirs, assigns or transferees, and the lien hereby created shall
be and is hereby subordinated to and declared to be inferior and subsequent in lien to the lien
of any such purchase money mortgage or purchase money deed of trust. The lien hereby
created shall likewise be of no force or effect against any owner whose title to the property
hereinafter described is acquired by or asa result of a ,foreclosure or trustees’ sale of any such 3
purchase money mortgage or purchase money deed of trust:” 3 IS, Section 4. Thattti.at any time .during’the~period herein p&vided, the Property Owner, ,,
Property Owner’s suoc$&ors, ‘heirs, assigns or transferees may depositi$&ash bond or post a :, ‘,,
surety performance‘ b&d satisfactory to the City to charge said’kurety with the cost of said i 1:): i : j,; ; $(,I, : ;‘(,:i : ,_j,: :_
improvements; the amount of bond to be the’~estimated cost of engineering’;and improvements
at the time of such “deposit or posting as ascertained by the City Engins@~’ and that upon ,:; ,;
deposit of said,cash or posting of said bond the City agree$‘,to, release the13property, or any ,’ 3 : 1
portion of it as :to which said depo#t or poeting applies; from the pr&&&llS of this agreement,
and to execute any’hecessary releake to enable the record title of the prop&y to be released ,( :
from the lien herein ihpost@. ‘::(““I’ ((’
: )(, ,, ([ /! 3: : ((( _( I _(i I i :+,& : Section 5. Said &ty shajl’ $1’ ‘~b~‘~‘~&A’:‘5fi~ officer or 'emp[&yyee thereof, be liable or
/i :,
responsible for any accident, kzes’~ .oi diir&gg ‘happening’ or occurring to the work or (, (‘:;,;g,:; /((I: ::(,(:: :
improvements specified in this agreement prior to the completion and acceptance of the same,
nor shall said City, nor any officer or employee thereof, be liable for any persons or property
injured by reason of said work or improvements, but all of said liabilities shall be assumed by
said Property Owner and Property Owner’s successors, heirs, assigns or transferees, and they
shall save the City harmless from, and indemnify the City against, any and all claims, suits and
liabilities of or to any person or property injured or claiming to be injured as a result of said
work or improvements. Said Property Owner, and Property Owner’s successors, heirs, assigns
or transferees, further agrees to protect said City and the officers and employees thereof from
all liability or claim because of, or arising out of, the use of any patent or patented article in the
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construction of said improvement.
Section 6. It is further agreed that said Property Owner will at all times up to the
completion and acceptance of said work and improvements by the City, give good and
adequate warning to the traveling public of any dangerous or defective conditions of public
property. The Property Owner hereby ~gW~~~~l,‘lriaiy::forsuch inspection of improvements as ‘,,’ :’ i ,,‘ ,,:
may be required by the City Ef#Ji~,~@~~~f~Ci~~e’ ““‘~
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Section 7. This agree~~~t:‘and’fhe’,cov~~~nts contained”herein shall be binding upon ,I : i:$:,[ ! and inure to the benefit of,the’successors, heirs, assigns and‘t&nsfere+~ of Property Owner, L;’ ‘_‘L
shall run with said”real property, and create an equitable servitude upon saidt$+al property. 1_(, ,a,:,: ,_ :I: :
Section‘8. ’ A”de&ription of the property’refeired to herein and upon’ which said lien is ,j,: ,I, ,‘,i :i :
imposed is described as follows: ,’ :
Section 9. ‘The required improvements to be ~constructed ‘and the iestimated costs 4:
thereof are as followrx ” ’ i’ ” * ,I> 3,
MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 12l24l97
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IMPROVEMENTS QUANTITY UNIT COST ESTIMATED
COSTS
Engineering Lump Sum 2,000 $2,000.00
Curb & Gutter 200 LF 15.00 LF $3,000.00
Sidewalk 900 SF 4.00 SF $3,600.00
6” Aggregate 6,800, ,SF ” I~:;~;; ~$Xl SF $20,400.00
Base + 4” A.C. Paving Subtotal,, :i;;,: $29,000.00
: ,*, (’ 15% Contingency $4,350.00 ,‘ :)(I $33,350.00 TOTI+ 1
.,,
Executed by Pr@&-ty Owner this +J WJ ;:,I
,,
“, )1, ‘,:lj, )(
(title and organization of$ifinatory)
By:
(sign here) , (( ‘i ‘-, ,,: ‘j ‘! I‘): :a :( ‘, ,‘
(print name here) ,‘ I,:$ : I,‘_ ;_: ,‘I, , ii ,, ‘, J , ,‘, :,:_: ! ~8 ((0 ‘_ ,)(,. _,‘( ((, /’
(title and organization of signatory) “” ’ ““
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,
(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.)
(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
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT W&3
State of hk
Name and Title of Officer (e.g., “Jane Doe, Notary Pubh?)
personally appeared Name(s) of Saner(s) I -
ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(g)
whose name(N is/v subscribed to the within instrument
and acknowledged to me that he/s@/tb@y executed the
same in his/t$&/tt$4r authorized capacity(b), and that by
his/l+&/tMir signature@) on the instrument the person@),
or the entity upon behalf of which the person@) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
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Description of Attached Document
Title or Type of Document: Cm+mot -Cd/ CutUw Bu bl; C. ‘Lpro~m em
Document Date:
Signer(s) Other Than Named Above:
Number of Pages: ? r ;/I /?/JdI’fl3
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Signer’s Name:
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Title(s):
q Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
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0 Individual
q Corporate Officer
Title(s):
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0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
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0 1995 NatIonal Notary Association - 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-676-6627