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1996-199909 ,,', ",';, . 2~~p!-1~~§-olb~~~9AM " . 780 Recording Requested By: ) OFFICIAL RECORDS City of Encinitas ) SAN DIEGO COUNTY RECOROER'S OFFICE When Recorded Mail To: ) GREGORY SMITH. COUNTY RECORDER City Clerk ) RF: 11. 00 FEES: 25.00 City of Encinitas ) AF: 13. 00 505 South Vulcan Avenue ) <' MF: 1. 00 Encinitas. CA 92024 ) v /4tj, Jr,i/ø AGREEMENT FOR IMPROVEMENTS "I.~ IN PUBLIC RIGHT-OF-WAY (LIEN CONTRACT} ¡.{. Assessor's Parcel Project No.: TPM 94-046 No. 245-391-11 This AGREEMENT executed this IB'~ day of M Þ. (2s.. '" , 199~, by and betweenräHäHXXiH KHa KäXHXH XiH¥ HäjHKHa KKa w~I~ K~ X~XRX XHRXRXXX äX XH äH HHaIHla¡a I~I iRK.X.XXX XRH Aaron Br~n;wick. Trustee of the Aaron Brunswick California Asset Trust created on April 17, 1990, XXXXäXäHXHHaIHla¡aXl~IX¡K~~~~~~ hereinafter called the OWNER, and the CITY OF ENCINITAS, a political subdivision of the State of California, hereinafter called the CITY, is as follows: WHEREAS, the OWNER owns property described as: SEE EXHIBIT" A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE WHEREAS, the OWNER is currently proposing a one parc'" parcel map. TPM 94-046 WHEREAS, the property is adj acent to an incomplete street, and WHEREAS, the improvement will generate more traffic and the OWNER has agreed to provide the right-of-way and/or improvements in accordance with Title 24 of the City of Encinitas code, and WHEREAS, pursuant to Title 24 of the city of Encinitas code, the City Engineer has recommended that construction of those improvements required by the CITY to be constructed by the OWNER be postponed and that the OWNER be required to execute an agreement to construct said improvements in the future and to grant a lien to the CITY upon said property to secure the cost of construction of said future improvements, and WHEREAS, the OWNER is agreeable to the execution of such an agreement; bp3753a SCANNED .' '.', . 781 . ! NOW THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1) The CITY aqrees to accept the dedications, if any, and upon the completion of the improvements required herein to the satisfaction of the City Enqineer, aqrees to dedicate said improvements to the public and for public streets. 2) The OWNER, in lieu of makinq the improvements specified herein, and required by Notice of Decision DCD 94-028 aqrees, covenants, and promises that he/she will install, construct, or cause to be installed or constructed the improvements herein set forth at a time satisfactory to the CITY, provided, however, that the OWNER shall not be required to complete said improvements before 4 - \ -"7~ or within such further period of time as is hereafter specified by the CITY, or such extended period of time which may have been specified by the CITY: a) When the City Council has initiated assessment proceedinqs oyer an area between intersectinq streets on both sides of the street upon which the property herein.. described has frontaqe; or b) When owners of more than 60\ of the frontaqe, between intersectinq streets on both sides of the street. upon which the property herein described has frontaqe, have petitioned the CITY to form an improvement district for the improvement of said streets and the.CITY initiates such proceedinqs. Such improvements shall be made without cost or expense to the CITY, The CITY estimates that the cost of construction of said improvements at the time of the siqninq of this Aqreement is $ Zð, lA-I (Exhibit "B") , The OWNER hereby acknowledqes that said cost is a reasonable estimate of construction costs at this time and that the actual cost of said improvements at some time in the future may exceed this estimate: and the OWNER hereby aqrees that his/her obliqation under this Aqreement extends to. the actual cost of construction of said improvements, notwith~tandinq it may exceed such estimate. 3) That for the faithful performance of the promises and covenants herein contained the OWNER hereby qrants to the CITY a lien upon the property herein described, and in the event the OWNER, his/her successors, heirs, assiqns, or transferees fail to install and construct said improvements in the manner and within the time specified herein, he/she aqrees that the CITY may do all of the followinq: a) Install and construct said improvements by contract or otherwise, and qrant permission to the CITY or its contractor and his/her employees to enter upon any bp3753a . ..' . 782. portion or portions of the property reasonably necessary for said construction, and the entire cost and expense of said improvements shall be, charged against said property. Said cost and expense shall be payable by said OWNER, his/her successors, heirs, assigns or transferees, immediately upon completion of said improvements, and in the event the same is not paid within thirty (30) days from said completion, the CITY may foreclose said lien as provided by law for the foreclosure of mortgages, and the OWNER agrees that the amount of said lien shall include reasonable attorney's fees which shall be taxed as a cost in any suit for such foreclosure. b) Direct the City Engineer to estimate the cost of the work required to complete said improvements and foreclose said lien in said amount. c) Foreclose said lien as a mortgage. d) Pursue any other remedy, legal or equitable by law for the foreclosure of a lien, and the OWNER, his/her heirs, successors, assigns and transferees shall pay reasonable attorney's fees to be taxed as a cost in said proceedings, 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 trust deed, for value which has been or may in the future be executed by the OWNER, his/her heirs, successors, representatives, 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 trust deed, The lien hereby created shall likewise be of no force or effect against any owner whose title to the property herein described is acquired by or as a result of a foreclosure or trustee's sale of any such first mortgage or first trust deed. 5) That at any time during the period herein provided, the OWNER, his/her heirs, successors, representatives, assigns, or transferees, may place a cash deposit or post a form of surety satisfactory to the CITY to charge said surety with the cost of said improvements, the amount of security to be the estimated cost of improvements, as ascertained by the city Engineer at the time of the request, and that upon deposit of said cash or posting of said surety the ~ITY agrees to release ,the property, or any portion of it under single ownership, from the provisions of the Agreement, and to execute any necessary release to enable the OWNER, his/her heirs, successors, representatives, assigns, or his/her transferees to clear the record title of the property so released of the lien herein imposed. bp3753a . . .. . 783. 6) The OWNER will cause to be constructed, in accordance with CITY standards, at his sole cost and expense, the followinq improvements: 1) CUrb and qutters, ~ lineal feet. Face of curb to be located ~ feet from the centerline. 2) Sidewalk, ~ lineal feet, ~ feet wide. 3) - driyeway(s), ~ feet wide. 4) Roadways, 5) Drainaqe: as required. 6) Other: a) Clearinq and qrubbinq, as required. b) Relocate power pole(s). c) d) Signature of owners to be notarized. Attach the appropriate acknowledqements. -q(p Services bp3753a , - .284 CALIfORNIA ALL.PURP8I'E ACKNOWLEDGMENT . N \' ~ Y hand and official seal. \I ~ ji~ \ \, ~ OPTIONAL , Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent , fraudulent removal and reanachmant of this form to another document. \ \: Description of Attached Document , \, " Title or Type of Document: ~; " Document Date: Number of Pages: : . " Signer(s) Other Than Named Above: ~ Capacity(ies) Claimed by Signer(s) ~ , Signer's Name: Signer's Name: , , ~ 0 Individual 0 Individual ,; , :; 0 Corporate Officer 0 Corporate Officer ~ ,\ Title(s): Title(s): ~ " 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General \ I' 0 Attorney-in-Fact 0 Attorney-in-Fact .' ~\ 0 Trustee 0 Trustee \, ~..\ 0 Guardian or Conservator . 0 Guardian or Conservator. 8 X 0 Other: Top of thumb here 0 Other: Top of thumb here " I' I Signer Is Representing: Signer Is Representing: ¡, ¡\ ' I' L: :,'::::::: -:----::¿::c:.::-:'::-,~:~-:,-:-,:, - - ":.';:::.::=::;.::c-::::::::::::::::zz:::.c-::~. ~ "" ""'000' "ot'~A"oc"lioo' e236 R,mmot A".. P.D. eo< "84. Cooog, p", CA "3""84 PlOd. "0 5907 Roo"" C." TolI.F", '.'00""'6827 <' ", ~"'., . .85 ' " EXHIBIT "A" The property referenced by this agreement is described as follows: LOT 11, IN BLOCK "E" OF SOUTH COAST PARK ANNEX, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1788, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 29, 1924. bp3753a , . ."~ EXHIBIT "B" 786 ! 1 . :.,',':/,., . . CITY OF E~CINIT~S . ! " . ESTIMATE OF QUANTITIES AND COST , Reference Ito/Brunswick (TPM 94-"046)Area Letlcadia Road Eolus Avenue " ' Sowards and Brown Sowards and Brown au,entitle. by Engineering' Dati 7/3/95 Estimate B~ Engineering Dati 7/3l~5 , No. Quantity Unit Con"struction Itam Unit Price Amoun .1 1,063 SF, -AC Pavement " 2.30 2,445 2 62 Li= Type 'G' Curb and Gutter 13.10 812 , . 3 310 SF PCC Sidewalk 3.00 930 4 20 LF AC Berm 7.80 156 5 1 LS Fine Grading 800.00 I 800 6 62 LF Franchise Utilities 200.00 2,400 ¡rota I Construction Cost Estimate 17 ;543 Brofessiona¡':<Fæes Design Fee 2,500 I Construction Staking Fee 1,000 I I \ Total Professional Fees Estimate 3, SOO I I Subtotal Costs 21,043 10% Contingency ,2,1011 Total Costs 23,147 This i. an eSTIMATE ONI. Y. Quantities. unitS and .i~es may be modified and are subject to thl ~ppro.al of TOTAl. 23.1117 the final engineering plans by the City Engineer. Remarks: í --'