HomeMy WebLinkAboutPD 2024-0001; ; 2024-0039367; Future Improvement Agreement/ReleaseRECORDING REQUESTED BY
Land Development Engineering
WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC# 2024-0039367 11111111111111111 IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Feb 15, 2024 11 :17 AM
OFFICIAL RECORDS JORDAN Z. MARKS,SAN DIEGO COUNTY RECORDER FEES $38.00 (S82 Atkins: $0.00)
PAGES: 9
Space above this line for Recorder's use.
CITY OF CARLSBAD
CONT RACT FOR FUTURE PUBLIC IMPROVEMENTS
Project Name: 5140 LOS ROBLES ADDTN/REMODEL
Project ID: PD2024-0001
Assessors Parcel No.: 210-034-06-00-----------FIA No. EAGREE2024-0001
THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter
referred to as "City", and SDRE Homebuyers LLC, a California Limited Liability Company, hereinafter
referred to as "Property Owner."
REC ITALS
WHEREAS, Property Owner has applied to City for a Permit No.CBR2023-5223 for the real
property hereinafter described as (see attached Exhibit "A"), 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 5140 Los Rables Addtn/Remodel, PD2024-0001; and
WHEREAS, Property Owner has requested that approval of said 5140 Los Rables
Addtn/Remodel, PD2024-0001 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 5140 Los Rables
Addtn/Remodel, PD2024-0001 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 5140 Los Robles Addtn/Remodel, PD2024-0001.
Section 2. That Property Owner, in lieu of making the hereinafter described improvements
before approval of said building 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 (60) days atter written demand to do so by City. Property Owner shall not be
required to make said improvements befare January 5th, 2027, or within such further period of time as
is granted by City, provided, however, that upon the happening of either of the foliowing 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 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 petitioned 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 fifteen
thousand twenty-four dollars and forty-six cents ($15,024.46). Property owner hereby acknowledges