1999-451053
. ' . DOC . 199~)-'O451053
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3957
JUN 29 !I 1~)99 9:49 At"j
. Recording Requested By: )
City of Encinitas ) OFFICIAL RECORDS
When Recorded Mail To: ) SAN DIEGO COUNTY RECORDEF~' S OFF ICE
T2 City Clerk ) GREGORY J. SMITH, COUNTY RECORDER
City of Encinitas ) FEES: 0.00
W 505 South Vulcan Avenue ) 111111111 II 1111111111
IJF Encinitas, CA 92024 )
I (!Afyv AGREEMENT FOR IMPROVEMENTS 1999-0451053
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
FOR THE. BENEFIT OF-11tE c.ny
Assessor's Parcel Project No.: EN 99-508
No, 256-030-37-00
This AGREEMENT executed this ,16th day of April. 1999 by and between For:.ç!
Capital HoldinQs LLC 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 tenant improvement to create
office space in an existing commercial shell,
WHEREAS, the property is adjacent to an incomplete street, and
WHEREAS, the improvement will cost more than $10,000 and the OWNER has
agreed to provide the improvements in accordance with Chapter 23 of the City of Encinitas
code, and
WHEREAS, pursuant to Chapter 23 of the City of Encinitas code, the City
Engineer has agreed that construction of those improvements required by the CITY to be
constructed by the OWNER may be postponed and that in order to defer the
improvements, the OWNER is 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;
NOW THEREFORE, IT IS AGREED by and between the parties hereto as follows:
1) The OWNER, in lieu of making the improvements specified herein, and
required by City ordinance agrees, 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 1 year or within such further period of time as is
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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 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 described
has frontage, have petitioned the CITY to form an improvement district for
the improvement of said streets and the CITY initiates such proceedings.
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 signing of
this Agreement is $13,431 (Exhibit "B"). The OWNER hereby acknowledges 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 agrees that his/her obligation under this Agreement extends to the actual cost of
construction of said improvements, notwithstanding it may exceed such estimate.
2) That for the faithful performance of the promises and covenants herein
contained the OWNER hereby grants to the CITY a lien upon the property herein
described, and in the event the OWNER, his/her successors, heirs, assigns, or transferees
fail to install and construct said improvements in the manner and within the time specified
herein. he/she agrees that the CITY may do all of the following:
a) Install and construct said improvements by contract or otherwise, and grant
permission to the CITY or its contractor and his/her 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/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.
3) That it is agreed that anything herein contained to the contrary
notwithstanding, the promises and covenants made herein shall not be binding upon the
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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.
4) 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 CITY 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.
5) The OWNER will cause to be constructed, in accordance with CITY
standards, at his sole cost and expense, the following improvements:
1) Curb and gutters, 180.00 lineal feet. Face of curb to be located
41.00 feet from the centerline and the southeast corner curb return.
2) Sidewalk, 180.00 lineal feet, 5.0 feet wide plus handicap ramp on
corner.
3) -1- driveway, 20.0 feet wide.
4) Roadways, a 19.0 foot strip of pavina 200.0 feet lona alona property
frontaae with Leucadia Boulevard. Minimum paved section 4" AC
on 6" AB, includina necessary clearina and arubbina and utility
relocations.
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6) Upon completion of the improvements indicated on Exhibit "B" attached
hereto and made a part hereof of the City of Encinitas shall release this lien recorded upon
the property within forty-five (45) days after the notice of completion is filed by the OwneL
OWNER: William F Ford Jr.
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Signature of owners to be notarized. ForJ Ú4f;tp",,(
Attach the appropriate acknowledgements. H-o IJ i A.~ .5 L L c..
~ I(J;;XUO
Alan D. Archibald
Director of Engineering Services
STATE OF CALIFORNIA)
) SSe
COUNTY OF SAN DIEGO)
On June 11, 1999, before me, J.F. WATTS, Notary Public,
personally appeared WILLIAM F. FORD, JR., proved to me on the basis
of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed
the same in his authorized capacity, and that by his signature on
the instrument, the person or the entity upon behalf of which the
person acted executed the instrument.
/) }-
(Signature of Notary
(NOTARY SEAL)
~--"""""'::
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I' GOVERNMENT CODE 27361.7 ]
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOllOWS:
..-
Name of the Notary: J: F, W~+t-s
Commission Number: I / 6 '-/66 'if' Date Commission Expires: Ð~ /0 .) 200 /
County Where Bond is Filed: ~ V1 D 'e :r 0
Manufacturer or Vendor Number: Cs C .1-
(located on both sides of the notary seal border)
Signature: ~~-~ ,
. . Firm Name (if applicable)
. Place of Execution: ~ J1. t1 'e C(' 0 Date: .£. þ; /1 I
V / I
ReG. Form IIR1O (Rev. 7/961
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EXHIBIT "AI!
The property referenced by this agreement is described as follows:
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE NORTHWESTERLY 99 FEET OF THE SOUTHWESTERLY 200 FEET OF LOT 5
OF LEUCADIA ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1704, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 5, 1918,
ALSO THAT PORTION OF FULVIA STREET VACATED AND CLOSED TO PUBLIC USE
AS OF NOVEMBER 23, 1923, BY ORDER OF THE BOARD OF SUPERVISORS OF
SAN DIEGO COUNTY, A CERTIFIED COpy OF SAID ORDER BEING FILED IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 6, 1923,
WHICH LIES NORTHWESTERLY OF SAID PORTION OF LOT 5 AND
SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF FULVIA STREET AS SHOWN
ON MAP OF SOUTH COAST PARK NO. 1776, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11, 1924.
The property referenced by this agreement is described as follows:
EXCEPTING FROM ALL THE ABOVE DESCRIBED LAND THOSE PORTIONS
DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO RECORDED JULY 12, 1971
AS DOCUMENT NO. 150010 OF OFFICIAL RECORDS SET OUT AS FOLLOWS:
PARCEL 71-0429-A
THE NORTHWESTERLY 42.0 FEET AND SOUTHWESTERLY 17.00 FEET OF THAT
PORTION OF LOT 5 OF LEUCADIA ACRES AND THAT PORTION OF FULVIA STREET
DESCRIBED IN DEED TO SOUTHWEST BANK RECORDED APRIL 29, 1969 FILE NO.
73574 OF OFFICIAL RECORDS.
PARCEL 72-0429-B
THAT PORTION OF SAID SOUTHWEST BANK LAND LYING WESTERLY OF A 20.00
FOOT RADIUS CURVE CONCAVE EASTERLY TANGENT TO THE SOUTHEASTERLY
AND SOUTHWESTERLY LINES OF PARCEL 7109429-A DESCRIBED ABOVE.
EXCEPTING THEREFROM PARCEL 71-0429-A
PARCEL 72-0429-C
THAT PORTION OF SAID LOT 5 DESCRIBED AS FOLLOWS:
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'. BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID SOUTHWEST BANK
LAND THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID
LOT 5, A DISTANCE OF 10.00 FEET; THNCE NORTHEASTERLY PARALLEL WITH
THE SOUTHEASTERLY LINE OF SAID SOUTHWEST BANK LAND, A DISTANCE OF
17.00 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE SOUTHWESTERLY
LINE OF SAID LOT 5 A DISTANCE OF 10.00 FEET; THENCE SOUTHWESTERLY
ALONG THE SOUTHEASTERLY LINE OF SAID SOUTHWEST BANK LAND TO THE
POINT OF BEGINNING.
PARCEL 2:
THE NORTHWESTERLY 10.00 FEET OF THE SOUTHEASTERLY 301.00 FEET OF
THE SOUTHWESTERLY 200.00 FEET OF LOT 5 OF LEUCADIA ACRES IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1704, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY, JUNE 5, 1918.
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. EXHIBIT "B"
CITY OF ENCINITAS
ESTIMATE OF QUANTITIES AND COST
Reference: EN 99-508 Area Leucadia Road Leucadia Boulevard
Quantities by GA C Date 4/16/99 Estimate by GA,C, Date 4/16/99
No. Quantit Unit Item Unit Amount
v Prir.p
1, 3800,0 s.f. AC. Paving (4" AC. on 6" AB. min. section $ 1.80 $6840.00
2. 180.0 Lt. Pee Curb and Gutter (SDRSD G-2) $ 10.50 $1890.00
3. 900.0 s.f. Pee Sidewalk (SDRSD G-7) $ 2.50 $2250.00
4. 200.0 s.f. Pee Driveway Apron (SDRSD G-14) $ 3.00 $ 600,00
5. 1 I.s. Pee Pedestrian Ramps (SDRSD G-27, G-31) $630.00 $ 630.00
6. 0.0 s.t. Alley Paving (4" ACo on 6" AB. min. section) $ 1.80 00
10% Contingency $1221.00
Total $13,431.00
This is an ESTIMATE ONLY. Quantities, units, and sizes may be modified and are subject to the approval of
the final engineering plans by the CITY ENGINEER,
Remarks
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