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
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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)