The URL can be used to link to this page

Home My WebLink AboutMS 98-09; Young, Marjorie; 1999-0273790; Future Improvement Agreement/Releaselloc # 19994273790 WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 sfw DIEGO CDUNTY i?l3lJmR’S 0m.x GEGW J. SM?H~ IXIIITY REtXfQER FEES: mm lyuulllluuolluullvyl111 1999-0273790 ,_ (_:sf~ (: / il; ; ,i / 5 ’ :iij,li,fgI, ?:_!Ll_EL:g( .giiti ~ 3, jW,/ It _j “ ,a,: ‘3 ::,!j :,: ,,~“ ,::,:((( .:‘~ :;(( ‘;> ~, 4 ‘ rE(/ ~I: Space above this line for Recorder’s use. t “ Project No. ,,Parcel No. FIA No. :(vlS g8& @$3z%i+24 ?q,$ooi ‘> ‘, I >, “, i,l(, i ,, 2 ‘I( THIS ~%%&EfhkNT is ma& by the City of Cqrtsbad, 61 municipal corporation, I~_ “ ‘1s hereinafter referred ‘to as “City”r 3&@ Marjorie ,M. Young hereinafter referred’ to as “Property ,I~ Owner.” ,, ,,’ RECITALS : “, ?,l I ‘31‘ WHEREAS, Property Owner has applied @‘City for a Project Number MS 98-09 for the ‘) ((,, ,~ real property hereinafter described;, nowunder P&petty Otit$&% ownership; and *‘: $1 : s (( : ,‘ : WHEREAS, it has been found that said property is not suitable for development in its present condition, however said property would be suitable for development if certain public improvements hereinafter described are constructed; and WHEREAS, the Municipal Code of City requires certain improvements as a condition of approval of this Minor Subdivision No. 98-09 and WHEREAS, Property Owner has requested that approval of said MS 98-09 be granted by City in advance of the time said improvements are to be made; and WHEREAS, Property Owner, in consideration of the approval of said MS 98-09 desires to enter into this agreement securing the construction of said improvements, and City has L”*CTCDC,CnDh”C,Pn~,T~*~~ Cl IT 0, ID Ih”O\,h”hlTE 4 mc\, 4?,l”,“7 5437 determined it to be in the public interest to agree to temporarily postpone said construction; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1. That Property Owner, in lieu of making the hereinafter described improvements before approval of said minor subdivision is granted, agrees to install and construct, or cause to be installed or constructed, sa,id improvements in accordance with plans and specifications approved by the City Engineer withi$sixty (@I> days after written demand to do so by City. Property Owner shall not be ieq&edi~to make said improvements before January 1, 2002, or-‘&thins&h further period of time as is granted by Cjty, provided, however, that upon the happening &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’havec been granted by City: (a) When the City Council finds that the owner$df 40% or more of the frontage, ,,( including the frontage of,‘Property Owner, between int&ecting streets on ‘both sides of the street upon which the’property herein described has frontage, have agreed with City to .install :’ (!’ : I street improvements tu City,specifications. I, “ ;‘i 1;:; ! i ; : i a‘;‘,~ ( (b) When owners of more than 50% of the fr&tage, between intersecting streets .: ‘: )’ on both sides of the street up’ori”~which the property herefn 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 ten thousand, eight hundred thirty and OO/lOO DOLLARS ($10,830.00). 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 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 I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 2 REV. 12/24/97 5438 in the amount of $10,830.00 plus any future increases of cost in excess of this sum resulting from increased engineering and construction costs, and in the event Property Owner, Property Owner’s successors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time specified herein, Property Owner agrees that City may do any or all of the following:, ‘( (’ ,’ !I ,; ,o,, :, ‘,,,a;/ (a) Have the ,n8~es~~~~ngjn~~~$rig fo/>ssid ‘~~~rovernents done, and install and *j_:_; j ‘33 (‘~:::/ Ei;gL US, (;/ construct said improvements by contr&ct or other&e. :;: 1 : City or &$ontractor and contractor’s :,,3 _)I(( I_, ,, {f(( ‘,: s:::! j employees may ent#~$ipon: any’ portion or portions of the property reasonably necessary for ,I::, said engineering ‘and construction, and the entire cost and expenge shall be charged against ,: said property and ‘payable by said Property Owner, Property Owner%, successors, heirs, assigns or transfere&‘immediately upon completion of said improvements, :‘tn:the event same is not paid within thirty (30) days from completion, City mayforedlose said lien as provided by law for the foreclosure’of mortgages. ‘4 : iI ,: : ;,,: ‘ ,, :i, ,( (b) airect’the ICity Engineer to estimate the costofnec‘&~ry engineering, and 1,: I; the work required to.instai/l’ and%onstruct said improvemehts, and foreclose said lien in said (S amount. ‘, :,‘: L,: ~’ (c) Pursue any ‘remedy, legat cr equitable (~&ldding those specifically referred to ‘, ( (‘- (:, (;((I z’ 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, 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 I MASTERS\FORMS\CONTFZACT FUT-PUB-IMPVMNTS 3 REV. 12l24197 5439 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 4. That at any time during’ the period herein provided, the Property Owner, ;a: Property Owner’s successors,~‘heirs; assigns or transferees’may‘deposit a cash bond or post a surety performance bond satisfactory to the City to ‘chtii~e said’&rrety with the cost of said : g : ::: :;y “ improvements; the z&ountof bond to be the estimated cost of ‘enginee&rg.and improvements at the time of &ch’depo$t or posting as ascertained by the ‘City Engineer, and that upon ‘3‘) “’ ___) ( deposit of said cash or posting of said bond’the City ‘agrees to release the’ property, or any portion of it as to’which said deposit or posting applies, from the provisions of this agreement, and to execute, any necessary release, to enabte the record‘~$itie of the property to be released from the lien hereinimposed. “ ‘,it ~( /: Section 5. “.Said&y shall not, nor shall any officer or,,employee thereof, be liable or : i( responsible for any accident, loss or damage happening or occurring to the work or ” ((6 improvements specified in! this agreement prior to the completion and ‘acceptance of the same, ;,,‘I, ,’ A’:’ Z/‘ nor shall said City, nor any officer ‘or empfoyee there@;rbe ‘liable for any persons or property ,‘I ‘I “ 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. I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 4 REV. 12/24/97 5440 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 agrees to pay for such inspection of improvements as may be required by the City Engineer of Cay:,::.:‘:i.,:~:~:,” ‘~ ), Section 7. This agreement and“the&ovenants contained herein shall be binding upon L ‘5 “, 8”’ CC,{ (> ‘:( and inure to the benefit ‘of the successors: ‘heirs;.as’Signs and transferees of Property Owner, (i shall run with said r&f property, and create an equitable servitude’upon &id real property. ,( : i( Section ~8. ‘A description of the property referred to herein’and upon which said lien is ;I, imposed is described a!$follows: Being ,:a division of the southwesterly 1~62 feet of the :( northwesterly3%KI feet’,& that portion .of Tract 245 of Thum Lands,“in the City of Carlsbad, State ,,’ of California, adcording”to Map thereof No. 1681. “‘~‘~’ :( ’ (; Section 9. The :required~‘fmprovements to be’constiucted and the estimated costs ‘/ thereof are as fol);o~s::l.~. 31 i 3 (( I ,: (, ),1(( (( i ‘,, Ill :: ;; (( L 2 a[/_(& 1: ‘(((E( ,(, :: ,’ ,:/: : $$ q( : x:!,:( 1 j &:I,:?( Ill ,( ! ,i :y i : : :‘: i $ ::l:j 2 ‘/(( ‘,‘i):*, ,: : :‘ ,, 1 ‘( Ill ,1 , “, : ‘, :t;( ~_ >( ;,a Ill Ill Ill Ill Ill Ill Ill l/l MA.STERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. lZ24l97 5441. IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS Engineering Lump Sum Curb & Gutter 140 LF Sidewalk 700 SF 2,000 $2,000.00 15.00 LF $2,100.00 4.00 SF $2,800.00 6” Aggregate Base + 4” A.C $9,420.00 d 214ll-l m-l 840 SF ‘: ;“*ws~> $2,520.00 . Paving Siik&p i 10%: Contingent: 7 -3 . . . ..-- ‘TOTAL $10,830.00 ,), jij (_I: 1, :I( ,‘ I: byProperty ‘Owher this 7fLm+ (’ : ,:, .dayof?&% , 19B Executed PROPERTY OWNER ‘,,$I;; CITY OF CARL8 By: Marjorie M. Young _’ ” (’ (print name here) (i ‘, Owner : (‘, (title and organitation!of‘sjgpatory) “ ” ‘, 1,: ~~ :( ; : ,I ~( : ,:: : By: :,, /’ 3. 3 ,,,:~ ,( _> : ‘( (sign here) “:~I “:i~“‘i” ‘:i’,,L ,( 3 ,*: (i ,i( /!_I : ..i:i:,:,j:,,‘, i ::( ((( I)) (L :/ * ( (print name here) 3 (’ ;, ai, ‘( _:, ,:/ ‘,, ,, (‘( (title and organization of signatory) ” ji (i :/“(;(;,,,: (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 I MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 REY. 12/24/97 5442. State of California County of San Diego > On Feb 26. 1999 before me, Deanna Lynch. a Notary Public (Date) (Name, Title of Officer)’ personally appeared Marjorie M. Young (Name[s] of Signer[s]) ~ 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 me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal ;*_DEANNALYNCH : V Signature of Not&$ Ccmm #II21680 (This area for bfficial notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above