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2000-77660 11111111111111111111111111111111111111111111111111111111III11I . DOC . 2000~OO?7660 2000,0077660 FEB 1_5, 2000 9:57 At"j Recording Requested By: ) City ofEncinitas ) OFFICIAL f:ECORDS fb When Recorded Mail TO: ) SAN DIEGO COUNTY RECOf:DER'S OFFICE 2408 GREGORY,1, SMITH, COUNTY RECORDER ~/. City Clerk ) FEES: 26.00 City ofEncinitas ) I^(}J 505 South Vulcan Avenue ) v Encinitas. CA 92024 ) c" AGREEMENT FOR IMPROVEMENTS ' I .....Y> IN PUBLIC RIGHT-OF-WAY !Ç;-/rJ'C%" K~ (LIEN CONTRACT) Assessor's Parcel No. 258-214-09 PrOjèct No, TPM 98-179 This AGREEMENT executed this...!.!.... day of NCNE:-W\o'.aQ., \"tqq , by and between Jerry Peters and Donna M. Peters. husband and wife as communitv property 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 6037 G 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 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; 8 24098 NOW THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1) The CITY agrees to accept the dedications, if any, and upen the completion of the improvements required herein to the satisfaction of the City Engineer, agrees to dedicate said improvements to the public and for public streets. 2) The OWNER, in lieu of making the improvements specified herein, and required by 6037- G 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 2./0' I c' 2, 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 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 ITontage, between intersecting streets on both side~ of the street upon which the property herein described has frontage, have petitioned the CITY to form an improvement distrièt 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 $ "2-.\ßo.'+~ (Exhibit "B"). The OWNER hereby acknowledges tha~ 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. 3) 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 . .410 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, hislher 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 attorneys 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, hislher 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, hislher 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 desc¡¡bed 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, hislher 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, ITom the provisions of the Agreement, and to execute any necessary release to enable the OWNER, his/her heirs, successors, representatives, assigns, or hislher transferees to clear the record title of the property so released of the lien herein imposed. ~ . . 2411 6) The OWNER will cause to be constructed, in accordance with CITY standards, at his sole cost and expense, the following improvements: I) Curb and gutters, ~Iineal feet. Face of curb to be located ~ feet from the centerline. 2) Sidewalk, .2Llineal feet,~ feet wide. 3) AC Pavement, :t 150 SF with transitions as needed 4) Drainage: as required. 5) Grading: as required 6) Other: a) Clearing and grubbing, as required. b) Design and Survey, 10% of total cost of improvements c) Contingency; 10% of total cost .. ,---- '\ ~w~- ~1':' / //' '--:::: . signature of owners to be notarized. Attach the appropriate acknowledgements. rn~ E~n:UJ~ Alan D. Archibald Director of Engineering Services . . 2412 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of là ~tV County of ~ ~ On II Jill Jq qa. before me, -L- 'f/--f.J I iA'\(~4. rrl1 , ow :s: e~ r 7j/ ~' '- ìJl Nk personally appeared)é' .g " j . ('5> á A1 a I(J III M. ~ rs ~ " -.,..-., 0 personally known to me - OR - ipprOVed to me on the basis 01 satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helsheJlhey executed the II MICHELLE PARISH II same in hislherllheir authorized capacity(ies), and that by COMM, #1148560 ~ hislherllheir signature(s) on the instrument the person(s), ¡; NO¡ARY PUBLIC, CALIFORNIA or the entity upon behalf of which the person(s) acted, "' SAN DIEGO COUNTY ~ executed the instrument. 11 My Comm, Expires Aug. 22, 2001 II WITNESS my hand and official seal. --2Xf(; j( R j) IJ- --' ¡;;¡:~), """Iu...._."""" OPTIONAL 1hotJgh the in_lion below is not IfI<¡Uired by law; it may prove - rø - relying "" /he document and could p¡vvenI ltauc/u/enl temavaI and røaltachment "'/his fomr fo another document Description of Attached DoCument Q ~ orJype of Document: f\-.~yeemm+- ('0(' J-rn()'{iV r¿/Y1t:'ArA 1'1 ~b/, (., firM - ~~. I J Document drte: 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 Tllle(s): Tille(s): 0 Partner- 0 Limited 0 General 0 Partner - 0 Limited 0 General 0 Anomey-in-Fact 0 Attorney-in-Fact 0 Trustee 0 Trustee "- 0 Guardian or Conservator , 0 Guardian or Conservator 0 Other. Top 01 thumb here 0 Other. Top of thumb here Signer Is Representing: Signer Is Representing: 0 199' NaU""a' N".~A"""'Ii'"'82" R,mmelAn, P,O, 8., 71." Cano,a P."', CAm.."". p"", No, 5007 R""", C.II T~I,'.., '800,876,,",,7 . . 2413 EXHIBIT "A" 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: LOT 11 IN BLOCK A OF SUBDIVISION OF EAST BLOCK 7, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 33, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 19, 1887. . EXHIBIT "B" . CITY OF ENCINITAS 2414 ESTIMATE OF QUANTITIES AND COST Reference: Community: Road: Quantities by: Date: Estimate by: Date: No, Quantity Unit Item Unit Price Amount I 50 LF G" CD 2.ß ~ GÙ\'ì£JL 13,?)' (,87,5'0 z..z. 2-5 s F S i ,) £ UJ A I...lc:.. 3> , ~S" 8 '2. I 'L 5' 3 70 5 F 1\(, PA"It.J6 ~ ßt\S;6:,. Z,O)" \ 43.Ç'o 4- 5'0 Lí- 'sA..JJcvT '3,00 15'0, CD S I a°/.. De~16tJ q SùP-lIl ~ 1802., '1.ç 180:' > -~ 10% COtVì"'-'GEJJCY 'J98Z:,\f \<1ô,'ZS" ',: J /1 ,4 'Iß~~~-?(X/ ~ ,§¡~...!/ ~;~ H-5U-fj I ~ I> No. G,35373 ~JJ E~l \.'R'ó:~ j * jj " X1' -'lL~rl;)~~/ ~ ,-Þ""" - Total 2j \BO.7~ 'r,¡ This is an ESTIMATE ONLY, Quantities, units, and sizes may I~r~þbroval of the final engineering plans by the City Engineer. I, '\'c' :\ b_~ t\ ~