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
--'