1991-396222
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1598 0, -(\UG-1991 08:19 (;1'1
OFFICIAL. F:ECORDS
Sir1 DIEGO [DUNTY flCORDEF:'S :JiICE
ANNETTE EUAHS, COUtHY RECCRDER
R"', ; t. 00 FEE" 35,00
A ' í6, 00
M": 1. 00
Recording Requested By: )
City of Enclnitas )
527 Encinitas Blvd- )
Encinitas, Ca 92024 )
)
)
When recorded, mai I to: )
City of Encinitas )
527 Encinitas Blvd- )
Encinitas, CA 92024 ) SPACE ABOVE FOR RECORDER'S USE
,r
PRIVATE ROAD AND PRIVATE DRAINAGE FACILITY MAINTENANCE
AGREEMENT FOR TM 88-194
Assessor's Parcel Log No _: TM 88-194
No- 260-073-01,04 Project No_: 0571J
THIS AGREEMENT for the maintenance and repair of that
certain private road easement and private drainage fac i I i ty, the
legal description and/or plat of which is set forth in exhibit A
attached hereto and made a part hereof, is entered into by
TORRANCE SAVINGS & LOAN ASSOCIATION (hereinafter referred to as
"Developer") for the benefit of future subdivision lot owners who
wi II use the private road easement and drainage f ac i I i ty
(hereinafter referred to as "lot owners", which shall include the
Developer to the extent the Developer retains any ownership
interest in any lot or lots),
WHEREAS, this Agreement is required as a condition of
approval by the City of Encinltas of a subdivision project as
def i ned in Section 21065 of the Publ ic Resources Code and
pursuant to City of Encinitas Municipal Code Section 24,16,060
and Section 24.29.040; and,
'~' . . 1 '5 9'9
WHEREAS, Developer Is the owner of certain real property
being subdivided and developed as TM 88-194 that wi II use and
enjoy the benef i t of said road easement and private drainage
fac i I i ty. A complete legal description of said real property is
attached, labeled Exhibit B, and incorporated by reference. Said
real property is hereinafter referred to as the "property " ; and
WHEREAS, it is the desire of the Developer that said private
road easement be maintained In a safe and usable condition by the
lot owners; and said private drainage fac i I i ty be maintained at a
minimum of once every year; and
WHEREAS, it is the desire of the Developer to establ ish a
method for the maintenance and repair of said private road
easement and private drainage fac i I i ty and for the apportionment
of the expense of such maintenance and repair among existing and
future lot owners; and
WHEREAS, it is the intention of the Developer that this
Agreement constitute a covenant running with the land, binding
upon each successive lot owner of all or any port ion of the
property. NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1, The property is benef i ted by this Agreement, and
present and successive lot owners of all or any portion of the
property are expressly bound hereby for the benefit of the land.
2. The cost and expense of maintaining the private road
easement and private drainage fac i I i ty sha I I be divided equa I I Y
among the subdivided parcels
. , 1600
"'-
created in Lhc ¡¡ubdivision and paid by the lot owner of the
heirs, assigns and successors in interest of each such owner.
3. In tllf' event any of the herein described,p,arcel,~ ,o,f l,and
are subdivided Èurther, the lot owners, heirs, assigns and
successor,s in j nt<!-rest of each such newli c~eat~dparcel shall be
11,õlb1e under this Agreement for their then pro rata share of
expense¡¡ ilnd uuch pro rata ¡¡hare¡¡ of expenses shall be computed
to reflect such newly created parcels.
4. 'I'he repairs and maintenance to be performed under this
Agreement shall be limited to the following unless the consent
for additional work is agreed to by a majority vote of the lot
owners ownil1CJ 100% of the number of parcels, including
subdivisions thereof as described in Paragraph 3 above:
reasonable and norma 1 road improvement and maintenance work to
adequately maintain said private road e-asement.. and 'related'
drair1age fac'i1itie:; to permit all-weather access. Repairs and
,,- maintenance under this Agreement shall' include, but' i's not
limi ted to, filling of chuckholes, repairing cracks, repairing
and rt!surfacing of roadbeds, repairing and maintainfng drainage
:òtructures,. removing debris, maintaining signs, markers, stdping
and lighting, if any, and other work reasonably necessary and
proper to repa ir and preserve the ease'men\':' for all-weather road
purposes.
'" . . 1601
5. If there is a covenant, agreement:, or other obllgiÙ:ion
imposed as a condition o[ subdivision approval to make private
road and drainage fac i Ii ty improvements ...to the prlvate road
eásement, the obligation to repair and máintain the private road
easement as h(,rei'n set forth shall commence 'when the private' road
and draina'Jo f:ac-i 1 i ty improvements have been completed and
approVed by the City.
6. Any extraordinary repair required to correct damage to
saId road easement that results from action taken 'or contracted
for by lot owners or ,their successors..in...interest,shall be paid..
for by the party taking action or party contracting for work
which caused the necessity for the extraordinary repair. The
rep<.ir s ha 11 be such as to restore the road ,' eàsernent' 'to the
condition existing prior to fJa id damage.
7. It is a<Jreed tha t Developer is initially the agent to
contrac,t; and oversee and ,do all acts nece.ssary to.. acco,mp1lsh the
repairs and maintenance required and/or authorized under this
Agreement. Develop.er further agrees, that the agent may at any
time be replaced at the direction of a majority of the lot
owners. Repair and maintenance work on I:he private road easement
and/or drainage facility shall be commenced when a majority of
the lot owners agree in writing that'suchwork is needed. The
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1602
agent shall, obtain three bids from licensed ,contractors and
shall accept the lowe:,;t; of: :3a 1d three bids and shall then
ini tiate the work. 'I'he agent shall be paid for all cosb)
Incurred includIn<] a reasonable compensation for the agent' fJ
services, and such cöst~ ~ha11 be aJdBd-fo~nd pald as a ~a~t of
the repair and ínaintenance costs; provided, however, that
compensation for the agent's services shall in no event exceèd a~
amount equivalent to 10% of the actua 1 cost of repairs and
maintenance performed. In performing his duties, the agent, as
he anticipates the need for funds, shall notify the parties and
each party shall within forty-flve (45) days pay the agent, who
shall maintain a trustee account and ,al,s.o ,malntain accurate,
acco~nting records which are to be available for inspection by
any party or aÜthor ized agent upon reasona'ble request. All' such
records shall be retained by the agent for a period of five
years.
8. Should any lot owner fa il to pay the pro rata share of
costs and expenses as provided in the Agreement, then the agent
or any lot owner Ðr owners shall, be ,entitled ,wlth¿ut further,
notice' to institute legal action for the collection of funds
advanced on behu1£ of stich lot owner in accordance with the
provl:3ions of California civil Code 'Section 845,,' and'eihälT, bè
.
. . 1603
,,- enl:lt1ecl to reCOVf)r in such action in ,addition to tl)e funds
advanced, i.nterest thereon at the current prime rate of interest,
until paid, a]] costs and disbursements of such action, inc1uqing
such sum or sums as the Court may fix as and for a reasonable
attorney's feef;.
9. Any 1iabiJity of the lot owners for personal, injury to
the agent hereunder, or to any worker employed to make repairs or
provide maintenance under this òlgreement, or to th'lrd' persons,' as
we 11 as any liability of the lot owners for ,damag,e,.. to, the
property of c¡gent, or ðnysuth woikei,br of any third persons,
as a result of or arising out of repain¡ and maintenance under
this Agreement, ßhall be borne, as between the lot owners in the
same percentagerj a,¡ they bear the costs and expenses of such
"
repai¡:s and maintenance. Each lot owner shall be responsible for
and maintain his own insurance, if any. By this Agreement, the
Developer does not intend to provide for the sharing of liabil i ty
with respect to personal injury or property damage other than
that attributable to the repairs and maintenance undertaken under
this Agreement. Each of the lot owners agrees to indemnify the
others from any and all liability for injury to himself or damage
..... """
to his property when such injury or damage results from, arisies
out of, or is attributable to any maintenance or repairs
"-
undertaken pursuant to this Agreement.
. . ,1604
10. r,ot owners shall jointly and severally defend and
int]emnify and hold harmless Cay, Cìty's engineer and its
consultants and each of its officials, directors, officers,
a'J"nts and employ"e~3 from and against all liability, claims,
damage~;, 10 fH; e r; " expenses, personal injury and other costs,
including costs of .defense and attorney's fees, to the agent
hereunder to any lot any contractor, " ...
or owner, any subcontractor,
any user of the road easement, or to any other third persons
arising out of or in any way related to the use"'of, repair or'
m;¡intènance of, or the failure to repair or maintaln the private
road easèinent.
Nothing in tho I\greement, the specifications or othèr contract
documents or. City's approval of the plans and spec if ic,a t ions or
inspection of the work is intended \:0 include ,a review,
inspection acknowledgment of a respo,nsibil1ty for any such
matter, and City, City's engineer and 4t&.consultants, and each,.....,...,
oJ: its official:';, directors, officers, employees ànd agents,
shall have no responsibility Dr liability therefore,
11. The Eoreqoing covenants shall run with the land and
shall u<: decme<'J to ue for the benefit of the land of each of the
lot owners and each and every person who shall at anytime own all
or. anypor:tion of tho property rC!fcHred: to. herein.'
. . .,,1605-
12. It i:3 understood and agreed that the covenants herein
c:ord:ai ned nhal1 be binding on the heirs, 'executors,
administrators, successors, and assignees of each of the lot
owners.
13. It iB th~ ~urpoBe of the signatories hereto- ~b~t,this
instrume'nt be recorded to the end and intent that the obligation
hereby created shall be and constitute a covenant running with
the land and any subsequent purchaser of all or any portion
thereof, by acceptance of delivery of a deed and/or conveyance
regardless of form, s ha 11 be deemed to have consented to and
become bound by these presents, including without limitation, the
right of any person entitled to enforce the terms of this
Agreement to institute legal aGtion as provided in Paragraph 0
hereof, such I:emedy to be cumulative and in addition to other
remedies provided in this Agreement and to all other remedies at
law or in equity.
......
14. The terms of this Agreement may be amended in writing
--
upon majority approval of the lot owners and consent of the City.
15. ~'his Agreement: shall be governed by the laws of the
state of Ca 1 i forrlia. In the event that any of the provisions of
this Agreement arc held to be unenforceable or invalid by any
court of competent jurisdiction, the validity, and enforceability
of the remalnin~i provisions sha'l1 not b~' affe~ted thereby. .. -, , ,
. .
1606
16. IE the Property constitutes a "Common Interest
Deve1opement" as defined in California. CiYi1 Code Section ,1~51(c)
which will include membership in or ,ownership of an "Association"
as defined' in CaUfonda Civil Code Section 1351(a), anything in
this. Agreement to the contrary notwithstanding, the. following
...' provisionl3 shall apply at and during such time as ( i) the
Property L, encumbered by a "Declaration" (as defined in
California Civil Code Section 1351(h), and ( i i) the Common Area
of the property (including the private road easement) is managed
and controlled by an Association:
(,a) Th ~ Association, through its Board of Directors, shall
...,
repair and maintain the private road easement and/or drainage
facility and shall be deemed the "agent" as 'referred' to ,in
Paraç¡raph 7 above. The. As.sQciation, .which shall ,!)ot,)le ,J:ep~aced
except by' amnndment tü 'thE! Dec1ara t10n, s ha 11 receive no
(:ompensatioll for performing such duties. The costs of such
maintenance and repair shall be assessed against each owner and
his subdiviBion interest in the Property pursuant to t:he
Declaration. 'rhe assessments s ha 11 be deposited in the
Association's corporate account.
'0'..
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" 16J~
(b) The Wvisions in the DeclaratW which provide for.
'assessment liens in favor of the Association and enforcement
thereof shall sUpersede Paragraph,',a of the Agreement in its
entirety. No individual owners shall have the right to alter,
maintàin or repair any of the Common Area (as defined in
California Civil Code Section 1351(b) ,in th~a.Property except' as
maybe allowed by the Declaration.
(c) This Agreement shall not be interpret'ed in any manner
,which ,reduces or limits the Association's rights and duties
pursuant to its Bylaws and the Declaration'.
"..
IN WITNESS WHEREOF, the parties have executed this Agreement on
the 8th day of APRIL , 19~.
. ,-
....
, AsseS'sor I s párcel No. 260-073-01&04'
Torrance Savings & Loan Association,
a,Californià Co~po~ation as Owner
BY:
Michael' e President
-
. . /608
.. ....
STATE OF CALIFORNIA )
COUNTX' OF IDS ANGELES ) SS
, ON' , 'April 8, 1991 SEFORE ME, THE
UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE,
PERSONALLY APPEAREDMichael E. Richardson (PERSONALLY
KNOWN TO ME) (PROVED ~'O 'ME ON TIm BASI S OF
SA~ISFACTORY EVIDENCE) TO BE THE
PRESIDENT AND, Ambrose K, Yu
(PERSONALLY KNOWN TO ME) (PROVED TO ME ON THE BASIS
OF SATISFACTORY EVIDENCE) TO BE Vice Pres. ~
OF 'rOR~ANC¡¡:' SAVINGS AND LOAN, ASSOCIATION THE
CORPORATION THAT EXECUTED THE WITHIN'INS'rRUMENT,
(PERSONALLY KNOWN TO ME) (PROVED TO ME ON THE BASIS
'OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WH'O'
EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF,THE
CORPORATION HEREIN NAMED, AND ACKNOWLEDGED TO ME
THAT SUCH CORPORATION ,EXECUTED THE WITHiN
INSTRUMENT PURSUANT TO ITS BY-LAWs. OR A R!!:ßOLUTION
OF ITS BOARD' OF DI~ECTORS. '
WITNESS MY HAND AND OFFICIAL SEAL.
¿iJi;E,{!:fbp ~ OFFICIAL SEAL
BETTY J. O'DEll
NOTARY PUBLIC. CALIFORN.
,'lOSANGElESCOUNN
NAME:' Bèttv J. O'Dell , M)Comm.EiOi"',""':i9"
PRINCIPAL PLACE OF BUSINESS: Torrance, Ca.
MY, COMMISSION EXPIRES: 6-3=94
",
OFFICIAL SEAL
8ETTY1.0'DEll
NOTARY PUBLIC, CAliFORN.
lOSANGELES COUNN
",Comm""""Jo"'3,1994
. 4tEET 1 OF 4 SHEETS 16019
n:XIJIDIT "JI"
[,EGAL DESCRIP~'ION
1'HA1' PORTION OF L01' 25 OF RIDGEWAY HEIGHTS IN THE CI'rY OF
ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO
MAP THEREOF NO, 216.3 RECORDED JULY 3, 1929 IN 1'HE OFFICE O'F THE
COUNTY RECORDER OF SAID COUN'l'Y ~'QGE'I'HER WITH 'I'HAT PORTION OF
SUMMIT 'AVENUE' AS 'VACATED' PER, CITY COUNCIL R:ESOLUTION NO,
91- 26 RECORDED~~~ AS 1~Ir.g/[>AGE NO. 91-0167385
DESCRIBED AS FOLLOWS:
BEGINNING AT TIlE NORTHWEs'r CORNER 01' SAI~ LOT 25; THENCE ALONG
1'HE WESTERLY PROLONGATI ON o~' 'rHE NOR'rIJEIH" Y LINE ~'HEREOF
S 89'56'49" W 6,42 FEE'r '1'0 JI POIN~' WIJICH IS 35.00 ¡"EET EASTERLY
MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF SUMMIT AVENUE AS
SHOWN, ON ROAD SURVEY NO, 1156; ~'HENCE PARALLEL'ro SAID CENTERLINE
S 00'23'13" W 42,88 FEET; THENCE N 89'59'57" W 5.00 FEET TO A
POINT WHICH IS 30.00 I"EE~' EAS~'E!U,y, MEAS,URED ,A'r H,IGH'I' ANGLES '1'0
SAID CENTERLINE; THENCE PARALLEL TO SAID CENTERLINE
S 00'23'13" W 56,45 l~r~E'r 'ro THE TRUE POINT OF BEGINNING, SAID
TRUE POINT OF BEGINNING BEING THE BEGINNING OF A NON-TANGENT
30,00 FOOT' RADIUS CURVE' CONCAVE ,N'OwrHEAS'rElU"Y, A RADIAL. LINE '1'0
SAID CURVE DEARS S 42'l1'50"'W; THENCE LEAVING SAID PARALLEL LINE
SOUTHEASTERLY AND EAS'rERLY 22,21 F'EE'l' ALONG SAID CURVE THROUGH A
CENTRAL ,ANGLE 9F 42'14'29"; THENCE ,N 89'57'30" E '216,39 FEET 'ro
1'HE I1EGr~NING OF A 42,00 F'OOT RADIUS cugVE: CONCAVE TO THE
NORTHWEST; THENCE EASTERLY, SOUTHERLY AND, WŒSTERLY ALONG SAID
CURVE 186.10 FEET ~'HROUGH A CEN~'RAL ANGLE OF 253'52'21" TO THE
BEGINNING OF A REVERSE CURVE CONCAVE '1'0 TilE SOUTHWEST HAVING A
RADIUS, OF 3,0 . 00 FEET, , ARAD I A[, LINE 'I'HROUGH SAID BEGINNING OF
REVERSE CUR VE BEARS N 73'49.'51" E;, THENCE NOR'r!lERLY,
NORTHWESTERf.,Y AND WEs'rERL Y 38.60 FEE'I' A[,ONG SAI D CURVE THROUGH A
CENTRAL ANGLE OF, ,73 '52 ',21"; THENC¡;;S 89'57'30" W 147 . 38, FEET '1'0
~'HEBEGINNING OF A 30.00 r"oo~' RADIUS CUHVE CONCAVE SOUTIJWES'rERLY;
THENCE' WESTERLY AND SOUTHiVESTŒRLY 22,20 FEET ALONG SAID CURVE
THROUGH A CENTRAL JINGLE 01~ 42'23'41' TO A POINT OF CUSP WITH A
,CURVE, CQNCAVE,1'0 TI.IE EAST HAVPiG ,A RADIUS OF 1970,00 FEET AND ~'O
WHICH POINT A RADIAL LINE BEARSS 89'42'00" W; THENCE NORTHERLY
23.62 FEET ALONG ~AID CURVE THROUGH A CENTRAL ANGLE' O~ 00'41'13";
THENCE N 00'23'13" E 24,02 FoEET '1'0 'rHE TRun: POINT Ol~ DEÇHNNING,
PE 179F '
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1611
SHEET 3 OF 4 SHEETS
EXHIBIT "A"
LEGAL DESCRIPTION
RETENTION BASIN
THOSE PORTIONS OF LOTS 25 AND 26 OF RIDGEWAY HEIGHTS IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING
TO MAP THEREOF NO. 2163 RECORDED JULY 3, 1929 IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN THE EASTERLY BOUNDARY OF SAID LOT
26; THENCE ALONG THE EASTERLY LINES OF SAID LOTS 26 AND 25
N 00'Ol'27" E 260,71 FEET; THENCE LEAVING SAID LINE S 69"53'48" W
152.73 FEET TO A POINT IN THE EASTERLY LINE THE AFORESAID PRIVATE
ROAD EASEMENT; SAID POINT BEING ON THE ARC OF A NON-TANGENT 42.00
FOOT RADIUS CURVE CONCAVE WESTERLY A RADIAL LINE TO SAID POINT
BEARS N 69"53'48" E; THENCE SOUTHERLY 58.16 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 79'20'51" TO A RADIAL LINE OF SAID
CURVE WHICH BEARS S 30'45'21" E; THENCE ON THE PROLONGATION OF
SAID RADIAL 113.97 FEET¡ THENCE S 00'24'15" W 100.02 FEET¡ THENCE
N 84'56'03" E 115.02 FEET TO THE EASTERLY LINE OF SAID LOT 26;
THENCE ALONG SAID LINE N 19"49'47" W 32,01 FEET TO THE POINT OF
BEGINNING.
5/15/91 PE 179F
1612
ENCINI'A\S TRAC'I8NOG 60-194 TM
SI-IE'ET 4 OF 4 -SI-IE:~S
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SCALE' ¡"=40'
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L.O'! ,.t) , ~ PASCO' ENGINEERING
, (SI9) 259-8212
535 NO, HIGHWAY 101
5UITE A
SOlANA BEACH, CA 92075
----
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EXIIIBIT "ß"
PROPERTY DESCRIPTION
LO'I' 25' AND A PORTION 0[" LOT Î.G OF IHDGr';WAY BEIGJI'l'iJ, IN 'l'IIE COUNTY
OF' SAN DIEGO, S'I'ATE OF' CM.:rF'OHN.1 A, ACCOfmING 1'0 MAP 'l'HFJREOF' NO.
2163, F'ILD:D IN 'I'B);', Ol'I;'l.CE (1[0' '['I'll<; COIJN'I'Y R¡.:cORDER"I)!' SAID SAN
DJIWO eOllN'J'Y ,WLY :1, 192'), Mil) M: HIIOWN ON '['1m Awear(/) OF' SlJHVWY
0[' SAID f<IDGJ';WAY IIlèJ: GfI'l'r; , I"IL/';[) I;'OH 'I'm: PURPO~]E OF' COllRE:C'I'ING
I':RfWRS IN 'l'BD: ORIGINAL MAP, HE:UIG n¡;;corm (W SlJRVIn:' MAl? NO. .U93,
I'ILED IN '['Bfi: OFfo'IC!'; OF' 'I'll/;; rU':corw[;:n 0/" SMD SAN DI1~GO COUN<ry,
SEP'I'E:l1DE:n 20, .l.9~~j, , ,
TOGETHER WITH 'J'HN], POH'I' J ON OF' iJlJMr1I'I' AVENlJE AI! VACA'l'WD BY
DOCUMENT RD:COIWIW -~BJ.bJ.:?-,-.l9-n__,__- AS fo'IL[';/PAGfo:__._~-0167385
--
.. .
.. 4 .. 1660 ~Q~U~-t~~t-O~~~~~9
AM
., OFFICIAL RECORDS
.. ) SAH DI£GO COUNTY RECORDER'S OFFICE
) AHHETTE EVAHS, COUHTY RECORDER
R.13.Cû/!PI/'¡r.' ;<ê~¡:.s:TED BY' AND ) RF= 15,00 FEES: 29.00
)
When Recorded Mail To: ) AF= 13,00 HA
) MF: 1. 00
City Clerk )
City of Encinitas )
527 Encinitas Boulevard )
Encinitas, CA 92û24 )
) SPACE ABOVE FOR RECORDER I S USE
COVENANT REGARDING REAL PROPERTY: t
PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY. ! ~ i r\
Assessor's Parcel
No. 260-073-01, 04 Project No.: T~ 88-194
W.o. 11/0, ; 0571;)
Torrance Savings & Loan
A. Association (SUBDIVIDER" hereinafter) is the owner of real
property which is commonly known as 1301 & 1321 Summit Avenue
("PROPERTY" herf¡!inafter) and which is described as follows:
See Exhibit A which is attached hereto and
made a part hereof.
B, The tentative subdivision of the PROPERTY was approved
with the final approval subject to certain conditions requiring the
construction of private improvements by SUBDIVIDER. SUBDIVIDER has
applied for final approval of the subdivision but has not
constructed the required private improvements. In consideration of
the final approval of the subdivision of the PROPERTY by the City
of I?tcinitas ("CITY" hereinafter), SUBDIVIDER hereby covenants and
agrees for the benefit of CITY, to do the following:
See Exhibit B which is attached hereto and
made a part hereof.
10e15e 9/12/90
. .
. 16.
"
,"
C. This Covenant shall run with the land and be binding upon
and inure to the benefit of the future owners, encumbrances,
successors, heirs, personal representatives, transferees and
assigns of the respective parties.
D. SUBDIVIDER agrees that SUBDIVIDER's duties and
obligations under this Covenant, are a lien upon the PROPERTY.
Upon notice and opportunity to respond, CITY may add to the
property tax bill of the .PROPERTY any past due financial. obligation
owing to CITY by way of this Covenant.
E. If either party is required to incur costs to enforce the
provisions of this Covenant, the prevailing party shall be entitled
to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party.
F. Failure of SUBDIVIDER to comply with the terms of this
Covenant shall constitute consent to the filing by CITY of a Notice
of Violation of Covenant.
G. Upon SUBDIVIDER's satisfactory completion of SUBDIVIDER's
duties and obligations contained herein, SUBDIVIDER may request a~d
CITY shall execute a Satisfaction of Covenant.
10e1Se 9/12/90
. .662
, -
H. By action of the City Council, CITY may assign to a
person or persons impacted by the performance of this Covenant, the
right to enforce this Covenant against SUBDIVIDER.
ACCEPTED AND AGREED.
Dated 4-8-91
. President
. Dated 4-8-91
Vice President
(Notarization of SUBDIVIDER ttached.)
CITY OF ENCINITAS
Dated '{- l,.q( by lAjQ~ ~ ~~
. (Notarization not required) City Manager
.
I, ~~A~~~FoV'LIFO~iAAngeles _\55 INVEsQDQaMPANY
. 1991 before me, U U~
APr~l 8, "f r said County and
~: undersigned, a Notary PMt~e'indE~ Richardson FOR NOTARY SEAL OR STAMP
State personaiiyappeared d to me on the basis of
pers~nailY known to me (or prove President,
0 satisfa,\'~¿Y evide'l{e) ~J'e the personaiiY known to me (or
d ""..,rose . "t evidence) to be
0 an the basis of satlsfac ory CL\L SEAL
8 ~~~v~:rs~n :~oo;xecuted the within =n~~sbehaif of the OFJhy J O'Otll RN.
. ~ Exec. Vice Pres, cknowledged to me that such N°I'oR;~~~!:;L ¿:,~~~
Corporationtherelnnamed,and~ ' trument pursuant to ItS ",c,mmE""""",,!99'
t d the within inS
corporation execu ,e f its board of directorS.
bylaws or a resolut " ~t"
. Signature Dell
g
~ lOe15e 9/12/90
ITC 032
. . 1663
1~RR^NCB SAVINGS AND LOAN ASSOCIATION, A
DNI'];:[J ----3_::¡¡_7~L.____. "^,""O"",'~M OWNER, .
flY:
--'--. . .'e" ,--~díàrdson PRESIDENT
DA'rED 4-8-91 13Y: - '.(2, -=rtUv~
--'---'---'--'-"--' '-ëönstantine Fánnans J!I.ss~ SECRE1'ARY
IDS ANGELES )
COUNTY OF' ) SS
8TATE OF CALIFORNIA )
ON April 8, 1991 HEFORE ME, THE UNDERSIGNED, A NOTARY
PlJDI,IC IN AND "'OR SAID S'I'NI'n:, PERSONALLY APPEARED'Michael
E. Richardson (PI,RSONAr,[,y KNOWN '1'0 ME) (PROVED TO ME ON THE
BASIS OF SA'rJ SFAC'I'ORY IWI DENCE) 'ro BE THE --
PRESIDENT AND Constantine FarnEIls (PERSONALLY
KNOWN TO ME) (PIWVED '1'0 ME ON 'rIm BASIS OF SATISFACTORY EVIDENCE)
TO HE - SECRE'rARY OF TORRANCE SAVINGS AND LOAN
ASSOCIA'l'ION 'I'HE CORPORA'l'ION 1'IINr EXEClJ'I'ED 'rilE WITHIN INSTRUMENT,
(PERSONALLY KNOWN '1'0 ME) (PRovr~D 'ro ME ON THE BAS I S OF
SATISFACTORY EVIDENCE) TO nETHE PERSONS WHO EXECUTED THE WITHIN
INSTRUMENT ON BEIIALF 0[" TI.IE CORPORA'I'ION HEREIN NAMED, AND
ACKNOWLEDGED '1'0 ME TIIA1' iaJCH COHPOHA'I'ION EXEClJ'rED THE WITHIN
INSTRUMENT PURSUANT TO as BY-LAWS OR A RESOLUTION OF ITS BOARD
OF' DI RECTORS.
WI'I'NE" MY IIAN~ W-IAl' SF,AL. OFFICIAL SEAL
8fTTy 1. O'DfI!
OTARY S 'UR!". - ~-- NOTARY PU'"e. CAlfO".
",,¿~~A~:¡~;:!~~~~~99'
NAME: Betty.....r,--ç~~.U_--_._--------
PRINCIPAL PLACE OF BUSINESS: TorrAnce.~-
MY COMMISSION ¡;:xr'lRE.~: 6.::3.::9.4_____------_._--_..._-----
. . 1664
ATTACHMENT A TO
COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY.
PROJECT NO. TM 88-194
PROPERTY DESCRIPTION
LOT 25 AND A PORTION OF LOT 26 OF RIDGEWAY HEIGHTS, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
2l63, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY JULY 3, 1929, AND AS SHOWN ON THE RECORD OF SURVEY
OF SAID RIDGEWAY HEIGHTS, FILED FOR THE PURPOSE OF CORRECTING
ERRORS IN THE ORIGINAL MAP, BEING RECORD OF SURVEY MAP NO. 1193,
FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY,
SEPTEMBER 20, 1945.
TOGETHER WITH THAT PORTION OF SUMMIT AVENUE AS VACATED BY
DOCUMENT RECORDED APRIL 15,1991 AS FILE/PAGE 91-0167385
-
. .65
ATTACHMENT B TO
COVENANT. REGARDING REAL PROPERTY:
PRIVATE IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY,
PROJECT NO, TM 88-194
SUBDIVIDER'S DUTIES AND OBLIGATIONS
Name of. SUBDIVIDER: Torrance Savings & Loan Association
Tract or Parcel Map Numbe.r : : 88..1194 TM/MUP
Name of SUbdivisi~n: - .--
Resolution of Approval Number: 90-23 Adopted: 5-17-90
Estimated total cost of improvements: $40,791.56.
(GRADING) $75, 497.13
1. IMPROVEMENTS REQUIRED
.. 1.1 SUBDIVIDER ag¡;ee.s ~:t SUBDIYIDER I sown cos1; and expense
to furnish all the labor, equipment and mat:erialsto perform' aJ;1Q
complete, in accordance with the plans and specifications and to
the satisfaction and approval of the city Engineer, all of the
private improvements referred to below:
"..
Improvement plans tor 0571 - G,' sheets 1 "through' ,
. . . 0/-11-9/ ". '
3 " da tad f ,..ia toe J . and prepared by I' Wayne Pasco. RCE' ~9577
as approved on ~ - 7- 9/ by the City Eng ineer"
,together with any subsequent amendments approved in
writing by the City Engineer; on file with CITY in
Encinitas and' inc.orporated . herein as though' fully set
forth at length.
1.2' Further, SUBDIVIDER agrees to perform the following
condi tions: I 4D, 4E, 4F, 4H & 6C
10e1S.. 9/12/90
. tt666
2,0 PROGRESS OF WORK
2.1 Time is of the essence with this Covenant, SUBDIVIDER
shall commence substantial construction of the private improvements
required by this Covenant not later than Ol-DI-'B and shall
complete the private improvements no later than 09-DI-Q3 In the
event good cause exists, as determined by the City Engineer, the
time for commencement of construction or completion of the private
improvements hereunder may be extended. Any such extension may be
granted without notice to SUBDIVIDER's Surety or Sureties, if any,
and shall in no way affect the validity of this Covenant or release
the Surety or Sureties on any security given for the faithful
performance of this Covenant. The City Engineer shall be the sole
and final judge as to whether or not good cause has been shown to
entitle SUBDIVIDER to an extension. As a condition of suèh
extensions, the City Engineer may require SUBDIVIDER to furnish new
security guaranteeing performance of this Covenant, as extended,
in an increased amount as necessary to compensate for any increase
in construction costs as determined by the City Engineer.
2.2 If any of the private improvements are to .be constructed
or installed on land not owned by SUBDIVIDER, no construction or
installation shall be commenced prior to SUBDIVIDER demonstrating
to CITY that SUBDIVIDER has acquired the appropriate property
interests.
2.3 SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all
necessary permits and licenses for the construction of the private
10e1Se 9/12/90
. .67
improvements and give all necessary notices and pay all fees and
taxes required by law.
2.4 SUBDIVIDER shall notify the City Engineer in writing at
least 15 days prior to the commencement of work hereunder. No
construction work shall begin until authorized by CITY.
2.5 SUBDIVIDER shall not be entitled to obtain occupancy
permits for the buildings constructed on any lot created by the
subdivision until all required improvements have been provided to
the satisfaction of the City Engineer.
2.6 SUBDIVIDER shall at all times maintain safe construction
facilities, and provide safe access, for inspection CITY, to all
parts of the work and to 't.he . shops wherein the work is in.
preparation.
2,7 SUBDIVIDER shall give good and adequate warning to the
public to each and every existing danger relating to the
construction of the private improvements, and shal¡ protect the
public from such dangers.
3, INSPECTION/APPROVAL OF IMPROVEMENTS
3.1 The City Engineer or his duly authorized representative,
upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER's
expense, the private improvements herein agreed to be constructed
and installed by SUBDIVIDER. If determined to be in accordance with
applicable CITY standards and the other terms of this Covenant, the
City Engineer shall approve the improvements.
3.2 SUBDIVIDER agrees to pay for each inspection of the
improvements required by the City Engineer,
10e1Se 9/12/90
. 1668
.
3.3 Approval of the private improvements by CITY, shall not
constitute a waiver by CITY of any defects in the improvements.
3.4 Until such time as the 'private improvements required by'
this Covenant are fully completed by SUBDIVIDER and approved by the
City Engineer, SUBDIVIDER will be responsible for the care,
maintenance, repair and replacement of such private improvements.
4,0 HOLd HARMLESS
4.1 SUBDIVIDER agrees to indemnify and hold CITY and CITY's
officers, officials, employees and agents harmless from, and
against any and all liabilities, claims, demands, causes of action,
losses; damages and costs, including all costs of defense thereof,
arising out of, or in any manner connected directly or indirectly
with, any acts or omissions of SUBDIVIDER Or SUBDIVIDER's agents,
employees, subcontractors, officials., officers or representatives.
Upon demand, SUBDIVIDER shall, at its own expense, defend CITY and
'CITY's officers, officials, employees and agents, from and against
any and all such liabilities, cla.ims, demands, causes of action,
losses, damages and costs.
4.2 SUBDIVIDER's obligation herein includes, but is not
limited to, alleged defects in the plans, specifications and design
of the private improvements; but does not extend to liabilities,
claims, demands, causes of action, losses, damages or costs that
arise out of a defect in the plans, specifications or design that
is a result of a change required by CITY to SUBDIVIDER's proposed
plans, specifications or desi~n so. long .as such change is objected.
10e1Se 9/12/90
. .69
to, in writing, by SUBDIVIDER, and the writing is filed with the
City Engineer more than ten days prior to the commencement of work.
4.3 SUBDIVIDER's obligation herein includes, but is not
limited to, alleged defects in the construction of the private
improvements; alleged defects in the materials furnished in the
construction of the private improvements; alleged injury to persons
or property; alleged inverse 'condemnation of property or a
consequence of the design, construction, or maintenance of the work
or the private improvements; and any accident, loss or damage to
the work or the private improvements prior to the approval of the
construction of the private improvements by CITY.
4.4 By approving the improvement plans, specifications and
design or by inspecting or approving the private improvements, CITY
shall not have waived the protections afforded herein to CITY and
CITY's officers, officials, employees and agents or diminished the
obligation of SUBDIVIDER who sha,ll remain obligated in the same
degree to indemnify and hold CITY and CITY's officers, officials,
employees and agents, harmless as provided above.
4.5 SUBDIVIDER's obligation herein does not extend to
liabilities, claims, demands, causes of action, losses, damages or
costs that arise out of CITY's intentional wrongful acts, CITY's
violations of law, or CITY's sole active negligence.
5.0 INSURANCE
5.1 SUBDIVIDER shall obtain and maintain a policy of motor
vehicle liability, public liability, general liability and
10e1Se 9/12/90
'. . . 1670
. property damage insurance from an insurance company approved by
CITY and authorized to do business in the State of California, in
an insurable amount of not less than one million dollars
($1,000,000.00) for each occurrence. The insurance policy shall
provide that the policy shall remain in force during the life of
this COVENANT and shall not be canceled, terminated, or allowed to
expire without thirty (30) days 'prior written notice to CITY from
the insurance company.
5.2 CITY shall be named as an additional insured on
SUBDIVIDER's policies.
5.3 SUBDIVIDER shall furnish certificat~s of said insurance
to CITY prior to commencement of work under this AGREEMENT.
6,0 REPAIR. MAINTENANCE AND REPLACEMENT
As a condition on the approval by CITY of the satisfactory
construction of-the private improvements, SUBDIVIDER shall prepare,
have executed, and record a covenant, in a form satisfactory to
CITY, whereby property owners who will be served by the private
improvements will be obligated to provide for the repair,
maintenance and replacement of the private improvements and to
indemnify and hold CITY and CITY's officers, officials, employees
and agents, harmless.
7,0 NOTICES
7.1 Any notices to be given under this COVENANT, or
otherwise, shall be served by certified mail.
10e1Se 9/12/90
'. . . 1671
,
..
'. 7,2 For the purposes hereof, unless otherwise provided in
writing by the parties hereto, the address of CITY and the proper
person to receive any such notice on its behalf is:
City of Encinitas
Department of Public Works
527 Encinitas Boulevard
Encinitas, CA 92024
Attention: Tom Faulkner
and the address of SUBDIVIDER and the propèr person to. receive any
such notice on its behalf is:
Torrance Savings & Loan Association
22759 Hawthorne Boulevard
Torrance, CA 90505
Attention: President.
8,0 SUBDIVIDER'S CERTIFICATION OF AWARENESS OF
IMMIGRATION REFORM AND CONTROL ACT OF 1986
SUBDIVIDER certifies that SUBDIVIDER is aware of the
requirements of the Immigration Reform and Control Act of 1986 (8
USC §§ 1101-1525) and will comply with these requirements,
including but not limited to verifying the eligibility for
employment of all agents, employees, subcontractors and consultants
that are included in, satisfy the duties and.obligations contained
herein.
9.0 GENERAL PROVISIONS
9.1 Neither SUBDIVIDER nor any of SUBDIVIDER's agents or
contractors are or shall be considered to be agents of CITY in
10e1Se 9/12/90
"'°72
-.' . .
.~
f ,
'. connection with the performance of SUBDIVIDER's duties and
obligations under this Covenant.
9.2 Sale or other disposition of the PROPERTY will not
relieve SUBDIVIDER from the duties and obligations set forth
herein.
9.3 SUBDIVIDER shall provide the improvements as an
independent contractor and in pursuit of SUBDIVIDER's independent
calling, and not as an employee of CITY. SUBDIVIDER shall not be
under control of CITY except as to the result to be accomplished.
SUBDIVIDER may confer with CITY as required to, perform this
Covenant.
9.4 No verbal agreement or conversation with any officer,
official, agent or employee of CITY, either before, during or after
the execution of this Covenant, shall effect or modify any of the
terms or obligations herein contained.
10e15e 9/12/90
,
'¡ . 1644 .OOC " 1991~0396228
,.,,;~ "..
T 07-AUG-1991 08:19 AM
~ .
.
I ) OFFICIAL RECORDS
, SAH DI£GO COUNTY RECORDER'S OFFICE
)
RéG:J/:fJ/lII6, ¡('EQI,Il::STEO BY AND ) AHHETT[ EVANS, COUHTY RECORDER
) RF: IB.OO FEES: 35.00
When Recorded Mail To: ) AF: 16.00 HA
) MF: 1. 00
City Clerk )
City of Encinitas )
527 Encinitas Boulevard )
Encinitas, CA 92024 )
) SPACE ABOVE FOR RECORDER I S USE
COVENANT REGARDING REAL PROPERTY: f!
I
IMPROVEMENTS REQUIRED AS CONDITION ON I
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY,
Assessor's Parcel
No. 260-073-01, 04 Project No.: TM 88-194
wo'tJo,1 OS7/:T
Torrance Savings & Loan
A. Association (SUBDIVIDER" hereinafter) is the owner of real
property which is commonly known as 1301 and 1321 Summit Avenue
("PROPERTY" hereinafter) and which is described as follows:
See Exhibit A which is attached hereto and
made a part hereof.
B. The tentative subdivision of the PROPERTY was approved
with the final approval subject to certain conditions requiring the
construction of improvements by SUBDIVIDER. SUBDIVIDER has applied
for final approval of the subdivision but has not constructed the
required improvements. In considera.tion of the final approval of
the subdivision of the PROPERTY by the City of Encinitas CITY"
hereinafter), SUBDIVIDER hereby covenants and agrees for the
benefit of CITY, to do the following:
10e15a 9/12/90
,' . 81645
,',.. See Exhibit B which is attached hereto and
made a part hereof.
C. This Covenant shall run with the land and be binding upon
and inure to the benefit of the future .owners, encumbrances,
successors, heirs, personal representatives, transferees and
assigns of the respective parties,
D. SUBDIVIDER agrees that SUBDIVIDER's duties and
obligations under this Covenant are a lien upon the PROPERTY.
Upon notice and opportunity to respond, CITY may- add to the
property tax bill of the PROPERTY any past due financial obligation
owing to CITY by way of this Covenant.
E. If either party is required to incur costs to enforce the
provisions of this Covenant, the prevailing party shall be entitled
to full reimbursement of all costs, including reasonable attorney~'
fees, from the other party.
F. Failure of SUBDIVIDER to comply with the terms of this
Covenant shall constitute consent to the filing by CITY of a Notice
of Violation of Covenant.
G. Upon SUBDIVIDER's satisfactory completion of SUBDIVIDER's
duties and obligations contained herein, SUBDIVIDER may request and
CITY shall execute a satisfaction of Covenant.
10e1Sa 9/12/90
. . 1646
H. By action of the City Council, CITY may assign to a
person or persons impacted by the performance of this Covenant, the
right to enforce this Covenant against SUBDIVIDER.
ACCEPTED AND AGREED.
'/. Torranc Corporation
Dated ' g" ? /
~A-IfIO. E Pod
/" \ res1. ent
Dated if -y!~ 7/ tAA-~ ~
jJ¡Vlt3t:rc'[ i-. ent
(Notarization of SUBDIVIDER signatur
CITY OF ENCINITAS
. Dated 'i-b.- ql by LJo.---+-1 ~
(Notarization not required) City Manager
.
"
~ STATE OF CALIFORNIA j D n
COUNTY OF Los Angeles SS. ilL j~
On APril 8, 1991 before me. INVESTORS TITLE COMPANY
the undersigned, a Notary Public in and for said County and U U ~
State, personally appeared Michael E, Richardson
personally known to me (or proved to me on the basis of FOR NOTARY SEAL OR STAMP
0 satisfactory evidence) to be the PresidEnt,
~ and Ambrose K, Yu personally known to me (or
~ proved to me on the basis of satisfactory evidence) to be
~ the person who executed the within Instrument as
;;, Exec. Vice Pres, ~onbehalfofthe OFFICIAL,SEAL
corporation therein named, and acknowledged to me that such 8ETTY J. 0 DElL
corporation executed the within instrument pursuant to Its NO¡~~Y:"!!',~~;¡~~~N.
bylaws ora resolution of Its board~Ofdlr~ Myc'"","",,,"0",3.1994
Signature ~ f7. 6J
i ' BettY. ~'Dell -
ii5
ITC 032
10e1Sa 9/12/90
. . 1647
ASSOCIATION, A
OWNER:
DATED 4-8-91 BY:
PRESIDENT
DATED 4-8-91 BY:
PRESIDENT
)
COUNTY OF IDS ANGELES ) SS
STATE OF CALIFORNIA )
ON April 8, 1991 BEFORE ME, THE UNDERSIGNED, A NOTARY
PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Michael
E. Richardson (PERSONALLY KNOWN TO ME) (PROVED TO ME ON T,HE
BASIS OF SATISFACTORY EVIDENCE) TO BE THE
PRESIDENT AND Ambrose K, Yu (PERSONALLY
KNOWN TO ME) (PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE Exec.VicePres, ~ OF TORRANCE SAVINGS AND LOAN
ASSOCIATION THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT,
(PERSONALLY KNOWN TO ME) (PROVED TO ME ON THE BASIS OF
SATISFACTORY EVIDENCE) TO BE THE PERSONS WHO EXECUTED THE WITHIN
INSTRUMENT ON BEHALF OF THE CORPORATION HEREIN . NAMED, AND
ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE WITHIN
INSTRUMENT PURSUANT TO ITS BY-LAWS OR A RESOLUTION OF ITS BOARD
OF DIRECTORS.
SEAL.
NOTARY G TURE
NAME: Betty J. O'Dell
PRINCIPAL PLACE OF BUSINESS: Torrance, Ca.
MY COMMISSION EXPIRES: 6-3-94
. . 1648
t ATTACHMENT A TO
CO ENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED AS CONDITION ON
FINAL APPROVAL OF SUBDIVISION OF REAL PROPERTY.
PROJECT NO, TM 88-194
PROPERTY DESCRIPTION
LOT 25 AND A PORTION OF LOT 26 OF RIDGEWAY HEIGHTS, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
2163, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY JULY 3, 1929, AND AS SHOWN ON THE RECORD OF SURVEY
OF SAID RIDGEWAY HEIGHTS, FILED FOR THE PURPOSE OF CORRECTING
ERRORS IN THE ORIGINAL MAP, BEING RECORD OF SURVEY MAP NO. 1193,
FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY,
SEPTEMBER 20, 1945.
TOGETHER WITH THAT PORTION OF SUMMIT AVENUE AS VACATED BY
DOCUMENT RECORDED APRIL 15,1991 AS FILE/PAGE 91-0157385
. . 1649
ATTACHMENT B TO
COVENANT REGARDING REAL PROPERTY:
IMPROVEMENTS REQUIRED ..AS CONDITION ON
FINAL APPROVAL OFSUBDIVIS.ION OF REAL PROPERTY,
PROJECT NO, TM 88':'194
SUBDIVIDER'S DUTIES AND OBLIGATIONS
Name of SUBDIVIDER: Torrance Savings & Loan Association
Tract or Parcel Map Number : 88-194 TM/MUP
Name of Subdivision: -
Resolution of Approval Number: 90-23 Adopted: 5-17-90
Estimated total cost of improvements: $29,655.17
1. IMPROVEMENTS REQUIRED
1.1. SUBDIVIDER agrees at SUBDIVIDER's own cost and expense
to furnish all the labor., equipment and materials to perform and
complete, in accordance with the plans and specifications and to
the satisfaction and approval of the City Engineer, all of the
improvements referred to below:
Improvement plans for 0571-.R sheets 1 through t'-
2 , dated O/-I/-q/ and prepared by Wayne Pasco, RCE 29577
as approved on CJ7-0z. -q / by the City .. Engineer
together with any subsequent amendmerits approved in
.. .
writing by the City Engineer; on file with CITY ~ ~o~
Encinitas and incorporated herein as though fully set
forth at length.
1.2 Further, SUBDIVIDER agrees to perform the following
conditions: 6C. 7D, 7E
10e1Sa 9/12/90
. 1650
.
2,0 PROGRESS OF WORK
2.1 Time is of the essence with this Covenant, SUBDIVIDER
shall commence substantial construction of the improvements
required by this Covenant not later than 0/-0/-'73 and shall
complete the improvements no. later than 0'J-O/-13. In the event
good cause exists, as determined by the City Engineer, the time for
commencement of construction or completion of the improvements
hereunder may be extended. Any such extension may be granted
without notice to SUBDIVIDER's Surety or Sureties, if any, and
shall in no way affect the validity of this Covenant or release the
Surety or Sureties on any security given for th.e faithful
performance of this Covenant. The City Engineer shall be the sole
and final judge as to whether or not good cause has been shown to
entitle SUBDIVIDER to an extension. As a condition of such
extensions, the City Engineer may require SUBDIVIDER to furnish new
security guaranteeing performance of this Covenant, as extended,
in an increased amount as necessary to compensate for any increase
in construction costs as determined by the City Engineer,
2.2 If any of the public improvements are to be constructed
or installed on land not owned by SUBDIVIDER, no construction or
installation shall be commenced prior to the acquisition and
acceptance by CITY of appropriate property interests. SUBDIVIDER
shall pay the actual costs of acquisition of such property
interests.
10e1Sa 9/12/90
. . 1651
2.3 SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all
necessary permits and licenses for the construction of the
improvements and give all necessary notices and pay all fees and
taxes required by law.
2.4 SUBDIVIDER shall notify the City Engineer in writing at
least 15 days prior to the commencement .of work hereunder. No
construction work shall begin until authorized by CITY.
2,.5 SUBDIVIDER shall not be entitled to obtain occupancy
permits for the buildings constructed on any lot created by the
subdivision until all required improvements have been provided to
the satisfaction of the City Engineer.
2.6 SUBDIVIDER shall at all times maintain safe construction
facilities, and provide safe access, for inspection by CITY, to all
parts of the work and to the shops wherein the work is i'n
preparation.
2.7 SUBDIVIDER shall give good and adequate warning to the
public to each and every existing danger relating to the
construction of the improvements, and shall protect the public from
such dangers.
3, INSPECTION/ACCEPTANCE OF IMPROVEMENTS
3.1 The City Engineer or his duly authorized representative,
upon request of SUBDIVIDER, shall inspect, at SUBDIVIDER's
expense, the improvements herein agreed. to be constructed and
installed by SUBDIVIDER. If determined to be in accordance with
applicable CITY standards and the other terms of this Covenant, the
10e1Sa 9/12/90
. . 1652
City Engineer shall approve the improvements and recommend the
acceptance of the public improvements by CITY through resolution
of the City Council of CITY.
3.2 The SUBDIVIDER agrees to pay for each inspection of the
improvements required by the city Engineer.
3.3 Approval of the improvements and acceptance of the public
improvements by CITY, shall not constitute a waiver by CITY of any
defects in the improvements.
3.4 Until such time as the improvements required by this
Covenant are fully completed by SUBDIVIDER, approved by the City
Engineer and the public improvements are accepted by CITY,
SUBDIVIDER will be responsible for the care, maintenance, repair
and replacement of such public improvements.
4, GUARANTEE/WARRANTY
4.1 ONE YEAR. SUBDIVIDER hereby guarantees and warrants the
public improvements constructed pursuant to this Covenant for a
period of one year after final acceptance of said work to include
design, work, labor and materials furnished. If within the one
year period, any public improvement or part of. any public
improvement furnished, installed or constructed, or caused to be
furnished, installed or constructed by SUBDIVIDER, fails to fulfill
any of the requirements of this Covenant or otherwise fails to
function to the satisfaction of the CITY, SUBDIVIDER shall without
delay and without any cost to CITY, repair, replace or reconstruct
any failing part or parts of the public improvement.
10e15a 9/12/90
. . 1653
4.2 TEN YEARS. For ten years following the acceptance by
CITY of the public improvements, SUBDIVIDER shall remain obligated
to cure all identified defects in the design, construction,
materials of the public improvements.
5,0 SECURITY
5.1 FOR CONSTRUCTION.
A. SUBDIVIDER shall furnish to City good and sufficient
security in the form of a cash deposit, a letter of credit or other
security as approved by the City Engineer in the amount of 150% of
the estimatec;i total costs of. constructing the improyements, to
assure faithful performance of this Covenant in regards to the
construction of the improvements.
B. In the event that changes, alterations or additions
to the improvement plans and specifications or to the improvements
add 10% or more to the original estimated costs of the
. improvements, SUBDIVIDER shall provide additional security in a
form satisfactory to CITY in an amount equal to 100% of the total
estimated increase in the construction cost of the improvements.
, The amount of the additional security may be adjusted by the amount
of work completed and any prior, partial releases of security.
5.2 FOR ONE YEAR GUARANTEE/WARRANTY. SUBDIVIDER shall
furnish to CITY good and sufficient security, in the form of a cash
deposit, letter of credit or other security as_approved by the City
Engineer, in the amount of 25% of the estimated total cost of the
public improvements, to secure SUBDIVIDER's guarantee and warranty
10e15a 9/12/90
. 81654
specified herein for a period of one year following the acceptance
by CITY of the public improvements,
6. CURING OF DEFAULTS
6.1 In the event that SUBDIVIDER fails to perform any duty
or obligation imposed by this Covenant, SUBDIVIDER hereby
authorizes CITY, at CITY's option, to perform such duty or
obligation twenty (20) days after CITY mails written notice of
default to SUBDIVIDER and SUBDIVIDER fails to cure such default.
SUBDIVIDER agrees to pay the actual costs of such performance by
CITY. The security posted by SUBDIVIDER pursuant to this Covenant
may be used by CITY for the completion of such performance, but
shall not limit SUBDIVIDER's liability.
6.2 In the event of SUBDIVIDER'S uncured default, CITY may
take over the work and prosecute the same to completion, by
contract or by any other method CITY may deem advisable, for the
'account and at the expense of SUBDIVIDER. SUBDIVIDER shall be
liable to CITY for the actual costs or damages occasioned CITY
thereby. without liability for so doing, CITY may take possession
of the construction site and the work. In completing the work,
CITY may utilize such materials, appliances, plants and other
property belonging to SUBDIVIDER as may be on the site of the work
and necessary therefore.
6.3 Should the exigencies of the case require repairs,
replacements, or work to be done before SUBDIVIDER can be notified
and given 20 days to perform, CITY may, at CITY I s option and
10e15a 9/12/90
. 1655
.', .
, without liability, make the necessary repairs or replacements or
perform the necessary work and SUBDIVIDER shall pay to CITY the
actual costs of so doing.
7.0 HOLD HARMLESS
7.1 SUBDIVIDER agrees to indemnify and hold CITY and CITY's
officers, officials, employees and agents harmless from, and
against any and all liabilities, 'claims, demands, causes of action,
losses, damages and costs, including all costs of defense thereof,
arising out of, or in any manner connected directly or indirectly
with, any acts or omissions of SUBDIVIDER or SUBDIVIDER's agents,
employees, subcontractors, officials, officers or representatives.
Upon demand, SUBDIVIDER shall, at its own expense, defend CITY and
CITY's officers, officials, employees and agents, from and against
any and all 'such liabilities, claims, demands, causes of action,
losses, damages and costs.
7.2 SUBDIVIDER's obligation herein includes, but is not
limi ted to, alleged defects in the plans, specifications and design
of the improvements; but does not extend to liabilities, claims,
demands, causes of action, losses, damages or costs that arise out
of a defect in the plans, specifications or design that is a result
of a change required by CITY to the SUBDIVIDER's proposed plans,
specifications or design so long as such change is objected to, in
writing, by the SUBDIVIDER, and the writing is filed with the City
Engineer more than ten days prior to the commencement of work.
10e15a 9/12/90
. 81656
7.3 SUBDIVIDER's obligation herein includes, but is not
limi ted to, alleged defects in the construction of the
improvements; alleged defects in the materials furnished in the
construction of the improvements; a¡¡eged.injury to persons or
iOe1Sa 9/12/90
. 1657
.'. .' .
property; alleged inverse condemnation of property or a consequence
of the design, construction, or maintenance of the work or the
improvements; and any accident, loss or damage to the work or the
improvements prior to the acceptance of same by CITY.
7.4 By approving the improvement plans, specifications and
design; by inspecting or approving the improvements; or by
accepting the public improvemen~s, CITY shall not have waived the
protections afforded herein to CITY and CITY's. officers, officials,
employees and agents or diminished the obligation of SUBDIVIDER who
shall remain obligated in the same degree to indemnify and hold
CITY and CITY's officers, officials, employees and agents, harmless
as provided above.
7.5 SUBDIVIDER's obligation herein does not extend to
liabilities, claims, demands, causes of action, losses, damages òr
costs that ar is.e out.. of CITY's intentional wrongful acts, CITY's
violations of law, or CITY's sole active negligence.
8,0 INSURANCE
8.1 The SUBDIVIDER shall obtain and maintain a policy of
motor vehicle liability, public liability, general liability and
property damage insurance from an insurance company approved by
CITY and authorized to do business in the state of California, in
an insurable amount of not less than one million dollars
($1,000,000.00) for each occurrence, The insurance policy shall
provide that the policy shall remain in force during
the life of this COVENANT and shall not be canceled, terminated,
10e15a 9/12/90
. 1658
"-'., .' .
'.
or allowed to expire without thirty (30) days prior written notice
to CITY from the insurance company.
8.2 CITY shall be named as an additional insured on
SUBDIVIDER's policies.
8.3 SUBDIVIDER shall furnish certificates of said insurance
to CITY prior to commencement of work under this AGREEMENT.
9,0 NOTICES
9.1 Any notices to be given under this COVENANT, or
otherwise, shall be served by certified mail.
9.2 For the purposes hereof, unless otherwise provided in
writing by the parties hereto, the address of CITY and the proper
person to receive any such notice on its behalf is:
City of Encinitas
Department of Public Works
527 Encinitas Boulevard
Encinitas, CA 92024
Attention: Tom Faulkner
and the address of SUBDIVIDER and the proper person ,to receive any
such notice on its behalf is:
Torrance Savings & Loan Association
22759 Hawthorne Boulevard
Torrance, CA 90505
Attention: President
10,0 SUBDIVIDER'S CERTIFICATION OF AWARENESS OF
IMMIGRATION REFORM AND CONTROL ACT OF 1986
10e15a 9/12/90
. ,'. fI . 1659
,
". SUBDIVIDER certifies that SUBDIVIDER is of the
aware
'~
requirements of the Immigration Reform and Control Act of 1986 (8
USC §§ 1101-1525) and will comply with these requirements,
including but not limited to verifying the eligibility for
employment of all agents, employees, subcontractors and consultants
that are included in, satisfy the duties and obligations contained
herein.
11,0 GENERAL PROVISIONS
11.1 Neither SUBDIVIDER nor any of SUBDIVIDER's agents or
contractors are or shall be. c.onsidered to be agents of CITY in.
connection with the performance of SUBDIVIDER's duties and
obligations under this Covenant.
11. 2 Sale or other disposition of the PROPERTY will not
relieve SUBDIVIDER from the duties and obligations set forth
herein.
11. 3 SUBDIVIDER shall provide the improvements as an
independent contractor and in pursuit of SUBDIVIDER's independent
calling, and not as an employee of CITY. SUBDIVIDER shall not be
under control of the CITY except as to the result to be
accomplished. SUBDIVIDER may confer with CITY as required to
perform this Covenant.
11. 4 No verbal agreement or conversation with any officer,
official, agent or employee of CITY, either before, during or after
the execution of this Covenant, shà11 effect or modify any of the
terms or obligations herein contained.
10elSa 9/12/90
. tJc n 1991-0396227
J
'- 07~AUG-1991' 08: 19 AM
1639
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFfICE
AHHETTE EVANS. COUNTY RECORDER
RF: 7.00 FEES: 13.00
AF: 5.00 HA
MF: 1.00
R~cording RequcDted by: )
)
Torrance Savings & Loan Assoc.)
22759 Hawthorne Boulevard )
1'orrance, CA 90505 )
When Recorded Mall To: )
)
City Engineer )
City of Encinitas )
527 Encinitas Blvd. )
Ençinitas, CA 92021 ) , SPACE ABOVE FOR REC'ORDER' S USE
</,
COVENANT REGARDING REAL PROPERTY '"
STORM DRAIN TM 88-194 / t
Asses~or'~ Parcel Project No.:
No. 260-073-01, 01 W.O. No.: 0571-J
Log No.: NIA
A. 'I'ORRANCE SAVINGS AND [,OAN ASSOCIATION, A CALIFORNIA
CORPORA'I'T ON ("OWNER" hereinafter) is the owner of real
property which is commonly known as 88-191 TM - 1301 - 1321
Summit Avenue, LeÜcadia, California 92024 ("PRÒPERTY"
hereinafter) ~nd which is described as follows:
See Attachment A which is attached hereto and made
a part hereof.
B. In consideration of approval of 88-194 TM by the City
of En,cini tas ("CITY" here ina fte,r), O\\,NER hereby covena,nts and
agrees for the benefit of CITY, to do the following:
See Att~chment B which is attached herêto and made a
part hereof,
C. 'rhis Covenant shall run wi th thee land and be binding
upon and inure to the bene fi t of the future owners,
encumbrancers, successors, heirS, ' per'sonal representatiVes,
transferees and assigns of the respective parties.
. .. 1640
, ,>
D. OWNEH agreEeß that OWNER's dutie~ and obligationa under
this Covenant are a lien upon the PHOPEH1'Y. Upon 'notic~ and
oppor>tunity to reBpond, CITY may add to the property tax bill of
the PROPERTY ~ny past due financial obligation owing to CITY by
way of this Covenant.
E. If either party is required to incur costs to enforce
the provisions of this Covenant, the prevailing party shall be
entitled to full reimbursement of all costs, including reasonable
attorneys' fees, from the other party.
F. Failure of OWNER [:0 comply with the terms of this
Covenant shall constitute consent to the filing by'CITY ofa
Notice of Violation of Covenant.
G. Upon OWNER's satisfaction of 'OWNERS's duties and
obligations contained herein, OWNER may request and City shall
execute a Satisfaction of Covenant.
H. Byaction of. the Ci ty Counc il, CITY may assign to a
person ,or persons impacted by the performance of this Covenant,
the right to enforce this Covenant èjgi,\.inst OWNER.
ACCEPTED AND AGREED:
Dated 4-11-CJ1 'J'ORRANCE SAVINGS AND I,OAN ASSOCIATION, A
CALIFORNIA CORPORATION AS OWNER:
DATED 4-8-91 BY:
P~ESI DENT
DATEb 4-8-91 BY:
VICE PRESIDENT
. ~ 1641
,-
)
COUNTY OF IDS ANGELES ) SS
STATE OF CALIFORNIA )
ON APRIL 8. 1991 BEFORE ME, THE UNDERSIGNED, A NOTARY
PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED
Michap1 R. RirharcìRon (PERSONALLY, KNOWN TO ME) (PROVED TO ME ON THE
BASIS OF SATISFACTORY EVI D'ENCE') TO~ BE THE '"
PRE:SIDENT AND AmhrnRF> K Yl1 ",,- (PERSONALLY
KNOWN TO ME) (PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE Expr, Vi,..", Pr.",s. ~ OF TORRANCE SAVINGS AND LOAN
ASSOCIATION THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT,
(PERSONALLY KNOWN TO ME) (PROVED TO ME ON 1'HE BASIS OF
SATISFACTORY EVIDENCE) 1'0 BE THE PERSONS WHO EXECUTED THE WITHIN
INSTRUMENT ON BEHALF OF THE CORPORATION HEREIN NAMED, AND
ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE WITHIN
INSTRUMENT PURSUANT TO ITS BY-LAWS OR A RESOLUTION OF ITS BOARD
OF DIRECTORS.
SEAL.
OFFICIAL SEAL
8ETTY 1. O'DELL
NorARY PUBLIC, eALIFORN.
NOTARY 'N RE LOS ANG"ES CDUNN
NAME: Betty J. O'Dell ",Comm" """"0"'3, 1'"
PRINCIPAL PLACE OF BUSINESS: Torrance Ca,
MY COMMISSION EXPIRES: "" 6-3-94"
CITY OF ENCINITAS
Dated "ð~(,,-ql By:LJ~.. ,4-\ ~~~
Warren H.; Sha"fer
Ci ty Manager
(Notarization not required)
I
" . .
. 1642
ATTACHEMENT A .TO
COVENAN1' REGARDING 'REAL PROPERTY
PROJECT NO.
PROPERTY DESCRIPTION
LOT 25 AND A PORTION OF LOT 26 OF' HIDGEWAY HEIGH'rS, IN TilE COUNTY
OF SANDIEGOr STATE OF CALIFORNIA, ACCORDING TO MAP ,THEREOF NO.
2163, FILED IN 1'HE OFFICE OF1'IIE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY JULY 3, 1929, AND AS SHOWN ON THE RECORD OF SURVEY
OF SAID RIDGEWAY HEIGH1'S, FILED FOR THE PURPOSE OF CORRECTING
ER~ORS IN THE ORIGINAL MAP, BEING RECORD OF SURVEY MAP. NO. 1193,
FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY,
SEPTEMBER 20, 1945,
TOGETHER " WITH THA'f PORTION OF SUMMI'r AVENUE AS VACATED BY
DOCUMENT RECORDED APRIL 15,1991 AS FILE/PAGE 91-0167385
, .-
I
. . .
, I
,. (
.
1613
ATTACHMB;NT B TO
COVENANT REGARDING REAt PROþERTY
PROJECT NO. 1M 88-/&¡4-
OWNER'S DUTIES AND OBLIGATIONS
No protest shall be made by the owners to any proceedings for the
installation or acquistion of storm drainage faciliti&s and/or
improvements, under any special assessment proceedings, whether
conducted pursuant to the Improvement Act of 1911" or, the
Municipal Improvement Act: of 1913, or any other applicable state
or l,oca 1 law, and whether processed by the County of. San Diego or
any other governmental entity jurisdiction .in the matter and for
the purposes 0'£ dete'rminin<:¡ property own~rs support for, Same.
,--
I
1 1622 .DC ~ 1991~O396224 .~~
.. .
,.. 07-AUG-1991 08019 AM
- ". OFFICIAL RECORDS "-
SAH DIEGO COUNTY RECORDER'S OFF!Ct
ANNETTE E!JAHS, COUHTY RECORDER" 13. 00
-- RF: 7.00 FEES:
AF: 5. oe
MR: 1. 00
Recording Requested by: )
" " ",)
Torrance Savings & Loan Assoc.)
22759 Hawthorne Boulevard )
Torrance, CA 90505 )
When Recorded Ma i 1 'ro: )
)
City Engineer )
City of Encinitas )
527'.ncinitas Blvd. )
Encinltas, CA, 92021 ) SPACE ABOVE FOR RECORDER'S USE
COVENAN'r REGARDING REAL PROPERTY (,
Project No',: TM 88-194
Assessor's Parcel
No'. 260"'-073'-01,04
A. TORRANCE SAVINGS AND LOAN ASSOCIATION, A CALIFORNIA'
CORPORATION ("OWNER" hereinafter) is the owner of real
property which is c,ommonly. kno.wn as 88-:-194 TM/MUP - 1301-
1321 Summit Avenue, Leucad i,a" CaHfQ;nÜa 9202.4 '-" C!'PROP.ERTY".-
hereinàft"er} and,which is describèclas folìows::
, ' is attached hereto and made
See Attachment A which
a part hereof.
B. In consideration of approya1 of88-l9~ TM/MUP by the,
Ci ty. of Encinitas ("CITY" hereinafter), OWNER hereby covenants
aï-ïd a'i!!=ees tor 'the benefi,t of- CI'l'Y"t.o"doth_e fo1;Lowi.ng:...
See Attachment B which is at tached hereto-and made.a
par,t ,hereof,. ..--
C, This Covenant shall run with the land and be binding
upon: and inure ,to' ,the bene-fÚ of -the "futur'e"'- owners,
encumbrancers, he irs:,: " .
successors, personal. .;epresentatlves,
transferees and assigns of the respective parties,
. e,
1623
D. OWNER a,grees that OWNER's duties and obligations under
this Covenant are a lien upon the PROPERTY, Upon notice and
opportunity to respond, CITY may add to the property tax bill of
the PROPERTY any past due financial obligation owing to CITY by
way of this Covenant.
E. If either party is required to incur costs to enforce,
t~e pr~~lsións of this Covenant, the, pieYailin~ party sha'll be
entitled to full reimbursement of all costs, including reasonable
attorneys' fees, from the other party,
F. Failure of OWNER to comply " with the terms of this
.. Covenant shall constitute consent to the UHng by CITY of .it
Notice of Violation of Covenant.'
',G" Ul?on OWNE~ '.s satisfacti,on" of "'-- OWNERS,ls, dut,ies ,'nd
obligations contained herein, OWNER may request and City shall
execute a Satisfaction of Covenant,
H. Byaction of the City Council, CITY may assign to a
pers,on m: persons im ?acted by the performance of this Covenant,
the right to enforce this Covenant aga.inst OWNER.,
ACCEPrED AND" AGREED:'
Dated 4-8-91 'rORHANCE SAVINGS AND LOAN ASSOCIA'I'ION, A
,CAL,IFORNIA ,cgRPORATIO AS OWNER:
DATED 4-8-91 BY:
PRESIDENT
/'
DATED 4-8-91 BY:
VICE PRESID~
, '"
. I
.,," ,,2.4
""--
1
COUNTY OF LOS ANGELES ) SS
STATE OF CALIFORNIA )"
ON APRIL 8, 1991 BEFORE ME, THE UNDERSIGNED, A NOTARY
PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Mié;IJ.<;iel " "" " "
R Iii rh.'irn"nn (PERSONALLY KNOWN TO ME) (PROVED TO ME "ON THE
BASIS"OF SATISFACTORY EVIDENCE) TO BE THE"
PRESI"DENT AND Ambrose K, Yu "JJ?Ji:RSPNAt.LY
KNOWN TO ME) (PROVED TO ME ON THE BAS¡S OF.8ATISFACTORY EVIDENCE)
TO BE "Exec. Vice Pres.~ OF TORRANCE SAVINGS AND LOAN
ASSOCIATION THE CORPORATION THAT EXECUTED THE '" WITHIN INSTRUMENT,
(PERSONALL Y 'KNOWN TO ME) (PIWVED '1'0 ME ON ,THE' BAS I S OF
SATISFACTORY EviDENCE) 'ro BE THE PERSONS WHO,'EXECU'rED, " THE WITHIN
INSTRUMENT ON BEHALF OF THE CORPORATION HEREIN NAMED, AND
ACKNOWLEDGED TO ME THAT SUCH CORPORATION, E~ECUTED THE,WITHIN
INSTRUMENT PURSUANT 'rO'ITS BY-LAWS" OR-A RESOLUTION OF'ITS BOARD
OF DIREC:rORS.
SEAL.
OFFICIAL SEAL"
8mYJ. O'DELl. ,
NOTARY pc""" CALI'OR"" ,
LOS ANGElES COUNN
MyComm"',,;,,,'o",3,!'"
NOTARY GN URE
NAME: Betty J.O'Dell ,
P"RINCIPAL PLACE OF BUSINESS: Torrance, Ca.
. "M¥ èOMMISSION EXPIRES: 6-3-94
CITY OF ENCINITAS
Dated 'ß- (,,;-q I By: W~ +\~
Warren H, Shafer
Cl ty, Manager.
(Notarization not required)
,--.
,_..
...
': \ . .
1625
.-
ATTACHEMENT A TO
COVENAN1' REGARDING REAL PROPERTY
'PROJECT NO.
.. . '...
PROPERTY DESCRIPTION
LOT 25 AND A PORTIDN OF LOT 26 OF RIDGEWAX HEIßHTa, I~ THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
2163, FILED IN 1'1I¡;; OFFICE OF 1'IIE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY JULY 3, 1929, AND AS SHOWN. ON 'rHE RECÓRD OF SURVEY
OF 'SAID' RIDGEWAY" HEIGWfS, PILED FOH 'rim PURPOS¡;; OF 'CORRECTING
ERRORS IN 'THEORIGINAL MAP, BEING RECORD OF SURVEY MAP. NO....1l93,
FILED IN THE OFFICE OF'rHE RECORDER OF SAID SANDIEGq COUNTY,
SEP'l'.E.MBER 20, 1945.
TOGETHER WITH THA'f POR1'ION OF SUMMI'r. AVENUE AS VACATED BY
DOCUMENT RECORDED APRIL 15,1991 AS FILE/PAGE 91-0167385
I. --..
I
~ . . 1626
" "",.
ATTACHMENT,S TO
COVENANT REGARDING REAL PROPERTY
PROJECT NO, 8 8 -19 4 'rM/MUP
. .,
OWNER'S DUTIES AND OBLIGATIONS
THE OWNERS AGREE THAT NONE'OF THE LOTSi INCLUDING THE OPEN SPACE'
LOT, WILL BE FURTHER SUBDIVIDED.
.-
---
" ~'-.~ . 1614 .DoC" 1991:-0396223
. . 07-AUG-1991 08: 19 AM
... Recording Requested By: )
- \ OFFICIAL RECORDS
Torrance Sa nngs & Loan Asso), SAH OIEGO COUNTY RECORDER'S OFFICE
) AHHETTE EVAHS, COUNTY RECORDER
When Recorded Mail To:) F:F: 10.00 FEES: 19.00
) AF: 8.00
District Engineer ) MF: 1.00
Cardiff Sanitation District)
527 Encinitas Boulevard)
Encinitas, CA 92024 )
) SPACE ABOVE FOR RECORDER'S USE
COVENANT REGARDING READ PROPERTY: PUBLIC IMPROVEMENTS
REQUIRED AS CONDITION OF SUBDIVISION OF REAL PROPERTY.
Assessor's Parcel Log. No.:
No. 260-073-01, 04 Project No.: 88-194 ':£M
' W.O, No,: o.)h-J
A. Torrance Savings & Loan Association ("'SUBDIVIDER II
hereinafter) is the owner of real property described in Attachment
A which is attached hereto and incorporated herein by this
reference as though -fullv set forth at length, and which is
co11U1\only known as TM 88-194 ("PROPERTY"
hereinafter) . In consideration of the final approval of a
subdivision of real property ("SUBDIVISION" hereinafter) by the
city of Encinitas,SUBDIVIDER hereby"c6venants and agrees tor the
benefit of the CARDIFF SANITATION DISTRICT ("DISTRICT" ,
hereinafter), to do the following:
T~S% obligations set forth on Attachment B hereto, dated
! It / and initialed by SUBDIVIDER incorporated
here h y this reference as though fully set forth at length,
,
B. This Covenant shall run-with the land and be binding
upon and inure to the benefit of the future owners, encumbrances,
successors, heirs, personal representatives, transferees and
assigns of the respective parties,
C. SUBDIVIDER agrees that SUBDIVIDER's duties and
obligations under this Covenánt are a lien upon the PROPERTY.
Upon notice and opportunity to respond, the DISTRICT may add to
the tax bill for the PROPERTY any past due financial obligation
owing to DISTRICT by way of this Covenant.
D, If either party is required to incur costs to enforce
the provisions of this Covenant, the prevailing party shall be
entitled to full reimbursement of all costs, including reasonable
~ttorneys' fees, from the other party,
TF/O3/PW1-101WP (1-19-89-2) ~1-
'. 4Þ 1615-
E, Upon the satisfactory completion of the obligations
imposed upon SUBDIVIDER by this Covenant, the SUBDIVIDER may apply
for, and upon the application of and DISTRICT will then execute,
a satisfaction of lien and release, ret\1rn and endorse to
SUBDIVIDER security provided herein" At the option of the
DISTRICT, a partial satisfaction of lien can be executed so long
as there remains property of sufficient value to secure 150% of
the cost of the obligations remaining to be performed by
SUBDIVIDER,
1. PROGRESS OF WORK
1,1 SUBDIVIDER. shall furnish .toDistrict good and sufficient
security in the form of cash d'eposit, a letter of ci::'editor other
security as approved by the District Engineer in the amount of 150%
of the estimated costs of impJ;'ovements, .to assure. faithful
performance of this Covenant in regards to said improvements,
1,2 Any changes, alterations or additions to the ~mp+ovement
plans and specifications or to the improvements, not exceeding 10%
of the original estimated cost. of the improvements, which, a+e
mutually agreed upon by DISTRICT and SUBDIVIDER, shall not +elieve
the improvement security given for faithful performance of the
improvements. In the event such changes, alte+ations or additions
exceed 10% of the original estimated costs of the imp+ovements,
SUBDIVIDER shall provide additional security in a form satisfact,ory
to the DISTRICT in an amount equal, to 100% of the total'estimated
cost of the improvements, as changed, altered or amended 1 this
amount may be adjusted by the amount of work completed and any
partial releases already made,
1,3 If any of the public improvements are to be constructed
or installed on land not owned by SUBDIVIDER, no construction or
installation shall be commenced prior to the dedication,
acquisition and, acceptance by DISTRICT of approp+iate prope+ty
inte+ests.
1.4 SUBDIVIDER shall, 'at SUBDIVIDER I S expense, obtain all
necessary permits and licenses for the-construction of the
improvements and give all necessary notices and PaYall.fees and
taxes required by law, .
1,5 SUBDIVIDER shall notifY the District Engineer in writing
at least 15 days prior to the commencement. of work hereunder. No
construction work shall begin until authorizeci. ,by the DISTRICT.
2. INSPECTION/ACCEPTANCE OF IMPROVEMENTS
2.1 The District Engineer or his duly autho+ized
representative, upon request of sunDIVIDER¡ shall. inspect, at
SUBDIVIDER's expense, the improvements herein agreed to be
TF/03/PW1-101WP (1-19-89-2) -2-
.' . 16'
constructed and installed by SUBDIVIDER,and if determined to be
in accordance with applicable DISTRICT standards and the other
terms of this Covenant, shall recommend the acceptance of such
improvements by District through resolution of the Board of
Directors of DJ;STRICT. SUBDIVIDER shall at all times maintain
proper facilities, and provide safe 'access for inspection by
DISTRICT, to all parts of the work, and to the shops wherein the
work is in preparation.
2.2 Until such time as all improvements required by this
Covenant are fully completed and accepted by DISTRICT, SUBDIVIDER'
will be responsible for the care, maintenance of and any damage
to such improvements. SUBDIVIDER shall give good and adequate
warning to the traveling public ,to each and every danger existing
in said improvements ,and shall pr,otect the traveling public froJU
such defective or dangerous conditions, The SUBDIVIDER he~eby
agrees to pay for such inspection of such improvements as may be
required by the District Engineer, Acceptance of theimproyements
by DISTRICT upon the recommendation of the District Engineer, shall
not constitute a waiver, ,of improvement defects by DISTRICT,
3. GUARANTEE/WARRANTY
3.1 SUBDIVIDER hereby guarantees and warrants the work done
pursuant to this Covenant for a period afone year after final
acceptance of said work against any defective design work or labor
done or defective materials furnished, If within s'aid period, , any
structure or part of any structure furnished and/or installed or
constructed, or caused to be installed or constructed by
SUBDIVIDER, or any of the work done under this Covenant, fails to
fulfill any of the requirements of this Covenant'or the plans and
specifications referred to herein, SUBDIVIDER shall without, delay
and without any cost to DISTRICT, repair, replace or reconstruct
any defective or otherwise unsatisfactory part or parts of the work
or structure, Should SUBDIVIDER fail to act promptly or in
accordance with this requirement, SUBDIVIDER hereby authorizes
DISTRICT, at DI'STRICT's option, to perform the work twenty (20)
days after mailing written notice of default to SUBDIVIDER,
SUBDIVIDER agrees to pay for all cost¡¡, of such work by DJ¡STRICT,
Should the exigencies of the case require repairs" or replacements
,to be done before SUBDIVIDER can be notified, DISTRICT may, at its
option, make the necessary repairs or replacement or perform the
necessary work and SUBDIVIDER shall pay to DISTRICT the actual
cost of such repairs,
3,2 SUBDIVIDER shall furnish t9 DISTRICT good and
sufficient security, in the form of cash deposit, letter of c~edit
or other security as appr~ve~ by the District Engineer to
'DISTRICT, in the amount of 25% of the estimated total cost of the
improvements, to secure SUBDIVIDER's guarantee and warranty for
a period of one year following the acceptance by DISTRICT against
TF/O3/PW1-1O1WP (1-19-89-2) -3-
. 1617.
'any defective design work or labor done or defective materials
furnished.
4. GENERAL PROVISIONS
4.1 In the event that SUBDIVIDER fails to perform any
obligation hereunder, SUBDIVIDER hereby authorizes DISTRICT to
perform such obligations twenty (20) days after DISTRICT mails
written notice of default to SUBDIVIDER and SUBDIVIDER fails to
cure such default. SUBDIVIDER agrees to pay the entire cost of
such performance by DISTRICT. The sums provided for improvement
security may be used by DISTRICT for the completion of such work,
but shall not limit SUBDIVIDE~'s liability,
4,2 DISTRICT may take over the work and prosecute the same
to completion, by contract or by any other method DISTRICT ,may
deem advisable, for, the account and at the expense of SUBDIVIDER,
and SUBDIVIDER shall .be liable to DISTRICT for any excess costs
or damages occasioned DISTRICT thereby, Without liability fOr so
doing, DISTRICT may take possession of the improvements and
utilize in completing the work such materials, appliances, plants
and other property belonging to SUBDIVIDER as may be' on .the, site
of the work, and necessary therefore, "'"
4 . 3 Nei ther SUBDIVIDER nor any of SUBDIVIDER I S agents or
contracts are or. shall be considered to be agents of DISTRICT in
connection with the performance or SUBDIVIDER's obligations under
this Covenant.
4,4 DISTRICT or any officer or employee thereof shall not
be liable for any injury to persons or property ,occasioned by
reason of the acts or omissions'of SUBDIVIDER, its agents or
employees in the performance of this Covenant, SUBDIVIDER
further agrees to protect and hold 'harmless DISTRICT and
District's officials and employees from any and all claims,
demands, causes, of action, liability or loss of any sort because
of, or arising out of acts or omissions of SUBDIVIDER, its agents
or employees in the performance of this Covenan~, including all
claims, demands, causes of action, liability, or loss because or,
or arising out of, in whole or in part, the design or construction
of the improvements; provided, however" that the approved
improvement security shall not be required to coverthe,pr~Yisions
of this paragraph. Said indemnification and agreement to hold
harmless shall extend to injuries to persons and damages or taking
of property resUlting from the design or construction of said
SUBDIVISION and the public improvements as provided herein, to
adjacent property owners as a consequence of the diversion of
waters from the design, construction or maintenance of the
improvements, Acceptance by DISTRICT of the improvements shall,
not constitute an assumption by DI$TRICTofanyresponsibility for
any damage or taking covered by this paragraph, DISTRICT shall
not be responsible for the design or construction Of the
TF/O3/PW1-101WP (1-19-89-2) -4-
. 161.
subdivision or the improvements pursuant to the approved
improvement plans regardless of any action taken by DIS~RIC~ on
approval of the plans unless the defect in des~gn is a result of
a change required by District to the plans proposed by-, the
SUBDIVIDER' when such change is objected to, in writing', - by
SUBDIVIDER, filed with the District -Engineer prior to the
commencement of work. The SUBDIVIDER shall remain obligateà to
eliminate any defect in design or dangerous condition caused by
the design, other than routine maintenance, or damage to the
improvements by an act of God for the time period specifieà in
this Covenant. provisions of this paragraph shall remain in full
force and effect for ten years following the acceptance by
DISTRICT of the improvements.
4.5 DISTRICT shall not, nor shall- any officer or employee
thereof, be -liable or responsible for any accident,' loss or damage
happening or occurring to the work or improvements specified in
this Covenant prior to the completion and acceptance of same, nor
shall DISTRICT, nor any officer or employee thereof, be liable for
any persons or property injured by reason of said work or
improvements, but an _of - said liabilities shall be assWDed by
SUBDIVIDER, except such liability that arises out of the sole
negligence or intentional act of DISTRICT,
4.6 Sale or other disposition of the property will not
relieve SUBDIVIDER from the obligations set forth herein,
4.7 Time is of the essence of this Covenant. SUBDIVIDER
shall commence substantial. construction of the improvements
required by this Covenant not later than nine months prior to the
time for completion, Provided that in the event gòod cause exists
as determined by the District Engineer, the time for commencement
of construction or completion of the improvements hereunder may be
extended, Any such _extension may be granted without notice to
SUBDIVIDER I S Surety and shall in no way affect the validity of this
COVenant or rel~ase the Surety or Sureties on any security given
for the faithful performance of this Covenant, The District
Engineer shall be the sole and final judge as to whether or not
good cause has been shown to entitle SUBDIVIDER-to an-extension,
As a condition of such extensions, the District Engineer may
require SUBDIVIDER to furnish new security guaranteeing performanoe
of this Covenant, as extended, in an increased amount as necèssary
to compensate for any increase in construction costs as determined
by the city Engineer,
4,8 .Failure of SUBDIVIDER to comply with the terms of this
Covenant shall constitute consent to the filing by DISTRICT of a
Notice of Violation of Covenant.
.
TF/O3/PW1-1O1WP (1-19-89-2) -5-
" . 161
DATED 4-R-q1
& LOAN
PRESIDENT
DATED 4-8-91
VICE PRESIDENT
STATE OF CALIFORNIA )
COUNTY OF IDS ANGELES ) SS
ON APRIL 8. 1991 BEFORE ME, THE
UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE,
PERSONALLY APPEARED MIKE RICHARDSON (PERSONALLY
KNOWN TO ME) (PROVED TO ME ON THE BASIS OF
SATISFACTORY EVIDENCE) TO BE THE PRESIDENT AND
AMBROSE YU (PERSONALf,Y KNOWN '1'0 ME) (PROVED TO ME ON
THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE VICE
PRESIDENT OF TORRANCE SAVINGS AND LOAN ASSOCIATION
THE CORPORATION THAT EXECUTED THE WITHIN
INSTRUMENT, (PERSONALLY KNOWN TO ME) (PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE
PERSONS WHO EXECUTED THE WITHIN INSTRUMENT ON
BEHALF OF THE CORPORATION HEREIN NAMED, AND
ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED
THE WITHIN INSTRUMENT PURSUANT TO ITS BY-LAWS OR A
RESOI,UTION OF ITS BOARD OF DIRECTORS.
SEAL.
OFFICIAL SEAL
BETTY 1 Q'DH!
NOT,"" 'UBUC ' CAUfORN.
NOTARY TURE 'ü,^NGrLES COUNN
'~é"'m"""'J",'3,1994
NAME: Betty J. O'Dell
PRINCIPAL PLACE OF BUSINESS: Torrance, Ca.
MY COMMISSION EXPIRES: 6-3-94
(f~
. '- "
'- ',' .
. 1620
ATTACHEMENTA TO
COVEN Am' REGARDI!'JG, REAL, PROPERTY
,PROJECT NO.
"'" PRopËRíry DESCRÏPÙÒN
LOT 25 AND A PORTION OF Lo'r 26 OF' IUDG¡;;Wi'lXIIElç¡¡'J~rs, I~, THE' COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
2163-,- FILED !N '~'IIE OFFICE' OF ~'IIE COUNTY RECORDER 'OF SAID SAN
DIE'GO COUNTY JULY 3, 1929, AND AS SHOWN ON 'rflE RECÓRDOF SURVE;i
OF "SAI D' ¡UDGEWl\:'Y-- 'I-IIn-CHl'j'S, ["I'I,ED FOH'rlll~. PURPOSE OF 'COHRECTING
ERRORS IN 'THE"ORIGINAL MAP, BEING RECORD OF SURVEY MAP, NO..--1l9,3,
FILED'IN THE OFFICE OF '¡'liE RECORDER OF SAI D SAW DtEGq- COUNTY,
,SEPT,EMBER 20, 1945"
-TOGETHER. WITH THA'l' POH~'ION OF SUMMI'r" AVENUE AS VACATED BY
DOCUMENT RECORDED APRIL 15, 1991 - AS F ILE/P AGE 91-0167385
"', m "
, '
-, ,
. 16.
.
" ATTACHMENT.. B to COVEHlillT RE'GARDING REA¡' PROPER'I"i I
PUBLIC ¡HPROVE!1EIITS REQUIRED AS CONDITION OP'
SUBDIVISION ,OF REAL,PROPER~Y
Date: t., -1<-(- 1/
Name of subdiv id0.r: Torrance Savings and Loan Association
Tract c¡r Pargel Hap Nwnber: TM 88-1:94
Name of Subdivision: TM 88-194
Resolution of Approval Number,: PC 90-23
Adopted: '-j-j 7-<;0
Estimated total cost of improvemen~s: 27.405;35
A. Condition. Set Forth in Granting ot's~bdivisi~ri¡
.. ..
RESOLUTION NO. P.C. 90-'23
ITEM NO. 7A
B. Improvements Re~..
SUBDIVIDER agrees at SUBDIVIDER I S own cost and expense to
furnish all the labor, equ~pment and Inaterials to, pEirform and
oomplete, no later than :::J'VN£:. II. /'1q,J, in aooord- with the plans
and specifications -and, to the satisfaction and approval of the
Distriot Engineer, all of the public improvamants' ra:ferred to
bel~w: " "
1. 'Improvement "pla:n~ for' TM, 88.,.194 I' ,.heats
~,throuqh ~ as 'approved on $/~/ql by' the. Distriot
Engineer together with any subsequen~ ~endm8nts &lp~rov.d Þy the
Distriot Engineer,
'l'P'/O3/PW1-101WP (1-19-89-2) -8:-