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HomeMy WebLinkAboutMS 98-12; Bergmann, Rene & Anita; 2000-0542567; Future Improvement Agreement/Release. - 1 . * 1% .Q 3i ‘r ‘i -t RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 2304 GREGOW J, SMITH, COUNTY RECORDER FEES: 28.00 ~~l~llll~l~llllwil~~ll~ll~ll~ll *:I,; ,:) (> si ~~00-0542567 :; / .j : j i i. j t @W : CL LI It,, 3.:~ !;: ( 1 ,‘ ,-,( ,L ( *i, (S(>(> ), ” I, (, I’/ /(( L’, Space above this line for Recorder’s use. ,( ‘rI”I”i.‘. /L -:; ,~[ (~(( ‘( ?(:L$ : c (II i( ,: j j 1 ‘, i:t r_& i >.t i : : (S g> iI, ~:‘;‘r;.Ei’,iii@im OF CARL-S’@j& ,_:i: ‘2 3 3’ :_ : i G‘j,; rs: ,I ) 1~’ :~ “‘z; jl.:,: ,:’ ‘3 42&$J4~@$$+ FOR FUTURE PUBLIC IMP’i%VEMiZNT~~ ‘1,‘ ‘,,:,,: .: : 3: ;i;; ‘:,: :(i:t; ( L( ((,:,: Permit No. &EG&## :,: “)‘;: sL/::,[(:L : ,I ,((I( Parcel No. @&flfS#‘#+OO FIA No. Fl&Nm@,,;~ w 1:s ::r: : CL ‘El> ,~ ;’ i,, (3 (~ i .- ,( THIS #!&REk#ENT is raid< by the City of Ca&bad, a munL&raI corporation, :I hereinafter referred ,, ) to: as “City”; ‘and Rene W. Bergmakn and Anita,,Ber&kann, hereinafter i ‘L ,” referred to as “P&pe&!Cwner.” $;$:: 1, ,:I ‘ : _1p ,* ,’ ,: RECITALS’ @’ ” _‘_j’ : a‘:;2 ! 3:) ! : ‘i ‘I i i( _,& WHEREAS, Property Owner h&k’~app/ted+to..&ty for a Permit Number MS 98-12 for the ‘1 (,:, real property hereinafter described as (see attached Exhk4t’$A”), now under Property Owner’s CICT IOF 2000 IO=36 13Pl OFFICIph RECORDS SAN DIEGO COUNTY KECOKDER'S OFFICE 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 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 MASTERS\FORMS\CONTRT FUT-PUB-IMPVMNTS 1 REV. 5125199 h . . 2305 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 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 t~-~~~~,‘,dRY:,ir~~~~cable offers of dedication made by )O, ‘( Pro,,efiy Owner for MS 9&& ,‘(,j,f, : ,“Oi’ ‘,j ” 3’;“’ ” L,( : ,,I ,,i ‘) ‘i ,:a( () ),!; ,_ ,(‘ ‘( ,_: Section 2. Thdt, :Pro~e~~ : :~~n~i’i “‘~~i,Al,““li~a ,a~ ,L maki~,” :the hereinafter described ‘,’ ’ 0 : (( ,‘ y,+: I, : improvements before approva!~‘of said bui!ding permit is grante&:Bgrees .f$+ihStall and construct, 3:) ‘)’ (~ >‘~ : ,~: /‘j / or cause to be’tnstalled~or constructed, said improvements in accordance with plans and “ I) ,I; ::#:I‘ ‘i,l’ * L ‘: j i,fsi,, specifications $@pi&ed by the City ‘Engine&within sixty (6O)“days ‘$er: V&!&I demand to do ‘,‘ L j :~ , j:g::,., j:‘,,’ ,; so by City. Prbperty diner shall not be required to make said impro’.$&+@‘&fore January 1, J c: 8 <::; : (( .:;/, g:g:s 2003, or withlh’suchfurther period of time as’is granted b$;,Frt), provided, h-r, that upon 8 9: :ki: :,& ; ,I2 ‘ii :,, ’ :_!ii’ : 3“ L :,g.:, the happening, of $f$er ‘of the $o@&‘tg occurrence#&fd’ Efmprd$&nents may, at the sole : 3, $3 : ,_ I,‘! i,_j) :_;,i 1‘ election of City, b@equi&$tQ~be t&de sooner,:than said date o$?&rch e&hded period of time ,A , 3;‘ i,,_; I which may have been gran&d’by!‘&ity: s,>l jS3:j 1 >‘ E’ (,i j i’:&,,/i E _‘:~<;~:,:&ii~( i::!i,$[. (a) !~I( ,(, ;i,i,~:~$‘; When $$:City ~Couhc$~fi,n@ ~th&the owners of&d/O or more of the frontage, L> ” (((: ,; including the frontage of Propg~“awner,.~~e~~B1:,WtePSect/hg streets on both sides of the t (g;( ~:, ((j )( I’:( 6 (;j),: :L, ~1 i: :::;lj: 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 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 Twenty Five Thousand Two Hundred and OO/lOO DOLLARS ($25200.00). Property owner hereby acknowledges that said cost is a reasonable estimate of engineering and construction 1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 2 REV. 5/25/99 - 2306 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 $25,200.00 plus any, futuh%$#&&es of cost in excess of this sum resulting ,( i!iZ(,, ‘I;;:! from increased engineering &&i cor&uction cX?sts:~arld in theevent Property Owner, Property Owner’s successors, ,heirs, assigns, or transferees fail to i&&N and construct said ,I( j,$ ,:.I improvements in the’ @@ner ahd within the time specified he&M, Prap.ef’$ Owner agrees that ia :’ City may do any .@r’al,! o$he following: “‘ ,‘, y:;_i ; : ‘) I> ,: 3 (> ::;‘::‘~ )(,; :(I ‘I‘, (a) H&q ithe necessary en@neering for said‘ improvem&its do&, and install and $3: ; : ,,‘f: i construct said ~tmprdve~ments by contract or otherwise. City or its &nfractor$jnd contractor’s :, : :’ employees may enter upon any portion or portions of .t’t;d.il~roperty.:~~asonaBlp necessary for _!&i/, ;%I said engineering gnd,“‘~nstruction;‘and ‘the entire cost Iantl%xpen& rbhalt’ be ‘charged against ,(i ’ I-E j ,_;I,): : .,I{,, i : fc ‘$I‘g,: L : said property and p&%bfe by stiid Property Owner, Property $%#I&% successors, heirs, ‘, .,Z$ “ : ‘i (CL assigns or transfereei in%b%?diiately upon completion of sak$&iprodemdnts. : $!~JE I_ In the event same ,‘,‘, “ ,‘_’ ,: (is:, ,, I‘ 2: ,’ I3.l S“ !_I i : is not paid within thirty (30) days from completion, City”may’~foredtise’ said lien as provided by 1.3 ( law for the foreclosure of mortgages. i_’ 1: : (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 notwithstanding, the promises and covenants made herein shall not be binding upon the 1 MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 3 REV. 5/25/99 - . . .’ 2307 - 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’,i;j;k’Pw’r~hC’sts~~pney deed of trust. The lien hereby ;,‘ Ia’ ,:i:: /,, (&Lb: created shall likewise be: of no’ for%@ or effect againsf:.bny, owner whose title to the property hereinafter described i&ticquired by $%‘a result’af’a,fo~:clb’sure:~~~trustees’ sale of any such :;!*l:( i_l! :,I~( : , ‘I : ~,; ‘_( _, purchase money mo@#+ge or$pLWchase money deed of trust. ?’ :: ,‘: Section 5.’ That ‘at any time during the period herein p&ided, the Property Owner, ‘, “ 1 I,,,) ,,:” Property Owner% suc&&ssors, heirs; assi$ns-brt~~h~~~~es may deposit’& &sh bond or post a ~_~ I >( _’ .) surety perform&ice‘%@nd satisfactory to the City to charge said s&&y with the cost of said : I’/_i ; :~ i 6 ,$i:& * I I> improvements; ‘#e amount of bond to be the estimated‘.c@$ of engi&@ing and improvements /,I:~ at the time of such deposit or ‘p&ting as ascertained Y&‘,&ie Cit$~~&-igtneer, and that upon :i _, ,’ deposit of said ‘&sh%Ir ‘posting of ‘said bond the City agrees to’ reiha&$he property, or any g,, portion of it as to titiioh &id deljosit or posting applies, ,fr&‘“t’he provisions of this agreement, ‘il:i, ‘,_i ,r : and to execute any ne&%ary release to enable ‘ttie record title of’&% property to be released :,: from the lien herein imposed.” “AL: is’ :~ i : “” i,:!,III t,I( ,‘,I ’ ,~( E(( ,(, : Lyl:,‘!(( s 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 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 I MASTERS\FORMS\CONTFZACT FUT-PUB-IMPVMNTS 4 REV. 5125199 - . I. 2303 - 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. Section 7. It is further agreed that said Property Owner will at all times up to the completion and acceptance of said work.“id~Br’iiri~~~~ernents by the City, give good and ‘,, ,L :, (;l’~i!Iljt adequate warning to the traveling public of any da&erous~& defective conditions of public property. The Property’6wner hereby agrees to payifor such inspection of improvements as : ‘~ ‘/ ‘jai‘ / I ‘,: may be required by4Wdity Engineer of City. :’ ‘, :iLt:> i 3 ::i Section ,8. Thi&s agreement and the covenants contained h$rein~sl@[. be binding upon ,g,;‘: “ I ,‘ ,I,),I)) , ,( ;:j,i: :_ I j : : : 1 ‘:: ,jl and inure to the b&&k of the successors;‘~hei.rs, assigns and trans&lfiirees’o$;Property Owner, jl I I.( / :I: I‘ ~,j: t ,*(qf$ shall run with said‘reat’property, and create an equitable’servituds up&%aid&@ property. ,: I ,j:l’:ll‘ :(; : : 5: Section 9. -A description of the property referred toiI&+ein a&Y upon :$&rich said lien is $I( o( imposed is described ~&rs fctlows~~’ I,* ;!;‘,I; :,_,, ‘f[~L “ _I *‘ : :, ~, I, i ‘* ,( ‘-l ::*j , / j_i L : Section 4 O?$he ‘$qu jred 5r;nprovemei-k ‘to be construct&&&~ the estimated costs 3 ,‘: ! ‘i ,, .- (:~ thereof are as follow& zra ji;:3j;]‘! , * i ~2 L : I,zi3, ‘I +1;+ 3Zii ;:j i : $g ,:‘ii:,“,:, : “ ‘, (( 1‘ ” ::+: (,’ .:.a Ii 3 3 i ys3 h,~~“,‘: :,:_ ,~t ‘_ /iI ‘I ,,,;* )’ :‘ “A,:), ji‘.)) “, :, :,_ ill 4’1 1‘ _,,‘j, ?’ ,’ ,‘ ’ /it /II ill Ill /II //I /II ill MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 5 REV. 5125199 2309 IMPROVEMENTS QUANTITY UNIT COST ESTIMATED COSTS Engineering Lump Sum 2,500 $2,500.00 Curb & Gutter 167 LF 15.00 LF $2,338 Sidewalk 640 SF 4.00 SF $2,560 6” Aggregate 1,667 SF 3.00 SF $5,000 Base + 4” A.C. Paving Re-locate Utilities i/ :,;j$;‘]: ,:!3f:i j i,j;j:lljjji:! :3:,. ‘:‘:i‘f’:$ 3 :i,: $5,000 Remove Trees and Shrubs : : i ‘, : i_ ’ bs ,, I‘/ a / 1’: i $1,000 Saw Cut Pavement ,, 3 -) ,j, i:i,j, :,;$s iii:& &; ,‘, ’ ?‘(E : iil:;I $,o;f ’ :$jF ,, ,i ‘1 ’ ‘i;‘c~ ‘~“’ $1,500 Concrete Driveway I (’ ,, 5.08 ‘SF $2,005 , ‘, ,, : ,,:, ‘, ,’ ,! : b:; GE, ),‘;o f&&:“ Executed’b~.~~~~~~‘Owner this (’ ,(,‘ ‘Subtqal : ,( I ;~ $21,903 15~~‘~en~ng@~ey 1: 3 i_, $3,297 TXAL ; ::;,‘, $25,200 (~ )4- :I; i 3$g$; ;‘/‘,’ , ,,&y opJw , 20% L Rene W. Bergmann and;*ita Bergmann ,i i ‘, 1‘ ,,:: :j,, By: ~yM()ND:@. p/$@j$$$+ City Man~&r ‘:(: .” %j;‘? (, ),i‘ ,( Rene W. Bergmann ::z:i -* (print name here} I+: I=A Anita Bergmann (print name here) (title and organization of signatory) (Proper notarial acknowledgment of execution by PROPERTY OWNER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 6 REV. 5/25/99 2310 State of California County of San Diego > On JL.UI+ tq,pO before me, h~!t; b u&, hl0w 9 ubb’c (Date) (Name, Title of Officer)’ personally appeared xu\L 3 u p w (3nt Jo &%07pKId & (Name[s] 0) Signer[s]) (proved to me on the basis of satisfactory evidence) to be the perso n@ whose nameB -is&&subscribed to the within instrument and acknowledged to me that be&b@ executed the same in authorized capacit@ and that by bie#berr signature@,on the instrument the person@or entity upon behalf of which the perso@ acted, executed the instrument. WITNESS my hand and official seal JgihL& &7&A&d/ ignature of Notary COMM. #1256792 Notary Public-California SAN DIEGO COUNTY 3 (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages h ATTACHMENT “A” 2311 That portion of Tract No. 7 of Laguna Mesa Tract, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1719, filed in the office of the County Recorder of San Diego County, described as follows: Beginning at a concrete monument marking the intersection of the center line of Olive Drive with the center line of the county road known as Las Flores Drive, in the City of Carlsbad, California; thence north 0’022’22” west; (record north 0’02’ west), along the center line of Olive Drive, a distance of 165 feet; thence north 89’59 west, a distance of 20 feet to a point on the westerly line of said Olive Drive, said point being the true point of beginning; thence continuing north 89’59’ west a distance of 267.06 feet to the westerly line of land conveyed to George A. Johnston by deed recorded in Book 2406, page 60 of official records; thence north 0’02’22” west along said westerly line a distance of 166.68 feet to the northwesterly corner thereof; thence south 89’59’ east along the northerly line of Johnston’s land, a distance of 267.06 feet to the westerly line of Olive Drive, south 0’02’22” east a distance of 166.68 feet to the true point of beginning. True point of beginning.