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1989-161751 161751 RECORDER: Piease record this document with no fee, and return it to: City Engineer City of Encinitas 527 Encinitas Blvd. ,.~FEE Encinitas, CA. 92024 Space above for Recorder's Use Only AGREEMENT FOR IMPROVEMENTS Assessor's Parcel IN PUBLIC RIGHT OF WAY UY 2739  NO. 261-032-27 ORDINANCE 4815 (LIEN CONTRACT) Alley Cardiff ~'/~/~ This AGREEMENT executed this ~r/ day of. ~ , and between CARDIFF-BY-THE-SEA LODGE PARTNERS, 1741 San Elijo Avenue, Cardiff, CA 92007, hereinafter called the Owner, and the COUNTY OF SAN DIEGO, a political subdivision of the State of California, hereinafter called the County, is as follows: WITNESSETH: WHEREAS, the Owner owns property described as Lots 5, 6 and 7 in Block 31 1/2 of Tract 1369, a resubdivision of a portion of Cardiff, in the County of San Diego, State of California, according to Map thereof No. 1369, filed in the Office of the County Recorder of said County, January 15, 1912, and WHEREAS, the Owner is currently proposing to construct a commercial building, and WHEREAS, the property is adjacent 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 Chapter 5 of Division I of the San Diego County Code, and WHEREAS, pursuant to Chapter 5 of Division ~ of Title 5 of the 488 San Diego County Code, the Director, Department of Public Works has recommended that construction of those improvements required by the County 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 County 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; NOW THEREFORE, IT IS AGREED by and between the parties hereto as follows: FIRST: The County agrees to accept the dedications, if any, and upon the completion of the improvements required herein to the satisfaction of the Director, Department of Public Works, agrees to dedicate said improvements to the public for public streets. SECOND: The Owner, in lieu of making the improvements specified herein, and required by UY 2739 agrees, covenants, and promises that he will install, construct, or cause to be installed or constructed the improvements herein set forth at a time satisfactory to the County provided, however, that the Owner shall not be required to complete said improvements before March 15, 1989 or within such further period of time as is hereafter specified by the County; provided further that upon the happening of either of the following occurrences said improvements may, at the sole election of the County, be required to be completed sooner than March 15, 1989 or such extended period of time which ,. 489 may have been specified by the County: (a) When the Board of Supervisors has initiated assessment proceedings over an area between intersecting streets on both sides of the street upon which the property herein described has frontage; or (b) When owners of more than 60% of the frontage, between intersecting streets on both sides of the street upon which the property herein describe has frontage, have petitioned the County to form an improvement district for the improvement of said streets and the County initiates such proceedings. Such improvement shall be made without cost or expense to the County. The County estimates that the cost of construction of said improvements at the time of the signing of this Agreement is $4,300.00. The Owner hereby acknowledges that said cost of said improvements at some time in the future may exceed this estimate; and the Owner hereby agrees that his obligation under this Agreement extends to the actual cost of construction of said improvements notwithstanding it may exceed such estimate. THIRD: That for the faithful performance of the promises and covenants herein contained the Owner hereby grants to the County of San Diego a lien upon the property herein described, and in the event the Owner, his successors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time specified herein, he agrees that the County may do all of the following: (a) Install and construct said improvements by contract or -490 otherwise, and grant permission to the County or its contractor and his employees to enter upon any 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 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 County 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 reasonably attorney's fees which shall be taxed as a cost in any suit for such foreclosure. (b) Direct the Director, Department of Public Works 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 heirs, successors, assigns and transferees shall pay reasonable attorney's fees to be taxed as a cost in said proceedings. FOURTH: 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 execute by the Owner, his 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. FIFTH: That at any time during the period herein provided, the Owner, his heirs, successors, representatives, assigns, or transferees, may place a cash deposit or post a form of surety satisfactory to the County 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 Director, Department of Public Works and that upon deposit of said cash or posting of said surety the County agrees to release the property, or any portion of it under single ownership, from the provisions of this Agreement, and to execute any necessary release to enable the Owner, his heirs, successors, representatives, assigns, or his transferees to clear the record title of the property so released of the lien herein imposed. SIXTH: The improvements required are as follow 1. The Owner will cause to be constructed, in accordance with San Diego Regional Standards, at his sole cost and expense, the following improvements: a. (1.) Excavation & Removal of P.C.C. & A.C. Pavement as required. LIEN DEPARTMENT OF PUBLIC WORKS COUNTY OF SAN DIEGO ESTIMATE OF QUANTITIES AND COST Reference UY 2739 Area Cardiff Road Alley Quantities by Date Estimate By R.H.H. Date March 2, 1988 No. Quantity Unit Item Unit Price Amount i I 1 L.S. Excavation & Removal of P,C.C. & A.C. Pavement 800.00 800.00 '. 2 750 S.F. P.C.C. Allev ~ Pn 2.400.00 Subtotal 3,200.00 10% Continqency 320,00 Construction Insoection & Haterial~ I~h F~ 800.00 This is an ESTIMATE ONLY. Quantities, units and sizes may be modified and ere subject to the approval of TOTAL $4. 320.00 the final engineering plans by Department of Public Works. Remarks: USE $4 ~ 300. O0 SS/Tax ID # · ' 493 (2.) P.C.C. Alley as required. By: CARDIFF-BY-THE-SEA-LODGE PARTNERS ]FUANE H. KNb~SON JAMES C. STATSER D RANVILLE M. BOWMAN, Director epartment of Public Works (Partnership) STATE OF CALIFORNIA ~ COUNTY OF San Dieqo ~ SS. t On this 9th . day of March , in the year 1985before me, the undersigned, / a Notary Public in and for said State, personally appeared Duane H. Knutson & ,T~mes C,, ~ (personally known to me) (proved to me on the basis of satisfactory evidence) to be the partners of the~tatser z partnership that executed the within instrument, and acknowledged to me that such partnership executed it. J ~! WITNESS my handan~seal..~ r~ / [.~,, '~,~~ DPW Form 178 (7/82) (This area for official notarial seal)