HomeMy WebLinkAboutPD 460; Koop, Scott & Laura; 1997-0385167; Future Improvement Agreement/Release,
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t
. RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008 I llllll 11111 III 111111 ll~l~~~ll Ill11 lllll lllll Ill1 III
Space above this line for Recorder’s use.
CITY OF CARLSBAD
CONTRACT FOR FUTURE PUBLIC lilflPROVEMENTS
ALTHEA LANE
Permit No. GR 970015/PD 460
Parcel No. 207-I 20&$
FIA No. FIA 97009
THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation,
hereinafter referred to as “City”, and Scott A. and Laura A. Koop, hereinafter’ referred to as
“Property Owner.”
RECITALS
WHEREAS, Property Owner has applied to City for a Permit Number GR 970015 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 Grading Permit; and
WHEREAS, Property Owner has requested that approval of said Grading Permit 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 Grading Permit
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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 to record any irrevocable offers of dedication made by
Property Owner for the cul-de-sac right-of-way for Althea Lane.
Section 2. That Property Owner, in lieu of making the hereinafter described
improvements before approval of said grading permit or a b’uilding permit 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* (66)’ days after written
demand to do so by City. Property Owner shall not be required to make satd improvements
before November 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 Saib:“‘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 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 FOURTEEN THOUSAND SIX HUNDRED FORTY and OO/lOO DOLLARS ($14,640).
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
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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 $14,640 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 f&l to install and construct said I
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
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
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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 OF 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 h&in 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
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
MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS 4 REV. 02lO4i97
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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. 12016, in the City of Carlsbad, County of
San Diego, State of California, filed in the Office of the County Recorder of
San Diego County, March 25, 1982 as File No. 82-080920 of official records.
Section 10. The required improvements to be constructed and ‘the estimated costs
thereof are as follows:
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ALTHEA LANE
PROPERTY FRONTAGE IMPROVEMENTS
(DWG. 292-4)
IMPROVEMENTS QUANTITY UNIT COST ESTIMATED
COSTS
Engineering
Curb & Gutter
Sidewalk
Drive Approach Street Light Standard
Curb Outlet
6” Aggregate
Base + 4” A.C. Paving
Lump Sum 53
175
91
I 1
1,240
2,ooo.oo $2,000.00
LF 15.00 $795.00
SF 4.00 $700.00
SF 4.00 $364.00
EA 3,500.oo $3,500.00
EA 2,230.OO $2,230.00
SF 3.00 $3,720.00
Subtotal $13,309.00
10% Contingency $1,331 .oo
TOTAL $14,640.00
Executed by Property Owner this 2-2- , 1927
(print name here)
OWNER 5 cc+c+/~k 06 r,
L- (print name here)
OWNER
(title and organization of signatory)
(Proper notarial acknowledgment of execution by PROPERTY OWNER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolutron certrfied by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
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State of California
County of San Diego
WITNESS my hand and official seal (SEW
.‘. ,I;$ ,:.
MASTERS\FORMS\CONTRACT FUT-PUB-IMPVMNTS
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REV. 02/04/97
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1569
State of California
County of San Diego 1
On July 24. 1997 before me, Belinda R. Guzman. Notarv Public,
personally appeared Martin Orenvak , personally known to me to be the
person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
(This area for official notary seal)
8oua.&d.\
OPTIONAL INFORMATION
Title or Type of Document Contract for Future Public Improvements
Althea Lane. GR 97OOlUPD 460 APN 207-120-64 FIA97009
Date of Document Julv 22. 1997
Number of Pages 7 (1 ex)
Signer(s) other than named above Scott A. Koop
Laura Ann Koop & Ron Ball
’ , *. * 1570
Al I PI IRPOSF ACKNOWLEDGEMENT -.I-. -. . . --I ..-.-.-
CAPACITY CLAIMED BY
SIGNER
personally appeared
TQ ersonally known to me - OR - 0 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 SUBSCRIBING WITNESS
acknowledged to me that he/she/they executed q GUARDIAN/CONSERVATOR
the same in his/her/their authorized
capacity(ies1, and that by his/h&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 and official seal. SIGNER IS REPRESENTING: WYL OF PERsoNlS) OH ENlllYlESl
ATlENnoll MOTARW Althol& th idammion nquM bdmviomO~kcddpevutth--otcticrdCKato-dd-
THIS CERTIFICATE Title or Type of Document
MUST BE AlTACHED Number of Pages Date of Document
TO THE DOCUMENT Signer(s) Other Than Named Above-
DESCRIBED AT RIGHT:
NOTARY PUBLIC~CALIFORNIA