1997-430669
. . AIiCORDING REaUmED IV
. 1:# 1997-0430669
.~ SEP 05. 1997 9:39 AM
Recording Requested By: )
) DFFIClfiU RECORDS
When Recorded Mail To: ) '3A:j DIEGO coum RECORDER'S OFFICE
city Clerk )f{; 9 RECORDE\
City of Encinitas ) F'l
505 South Vulcan Avenue ¡ l 0\\) 1.. 1111111 111111111 ~IIII II~IU 11111 I11II ~III I'~ 1111
Encinitas. CA 92024
AGREEMENT FOR IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY
(LIEN CONTRACT)
Assessor's Parcel Project No.: TPM 96-060
No. 256-400-55
This AGREEMENT executed this /lJ*' day of Jv/~ '
1992-, by and between VULCAN, 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 3 PARCEL
PARr.F:T MAP
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;
bp3753
. . 10
NOW THEREFORE, IT IS AGREED by and between the parties hereto
as follows:
1) The CITY agrees to accept the dedications, if any, and
upon uhe 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 }.IOT/t1e" OF DE'Clsj(~N ~D 'U; -03Ø 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 .:rUL"j 30. ",., 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 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 sa~d
"1'3" cu. improvements at the time of the signing of this Agreement is 5nÞWN,., &,J"JJ
$ ",Z'8.0S . 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.
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 describèd, 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
bp3753
. . 11
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.
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, 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
ti tie 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.
5) 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 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.
bp3753
. . 12
6) The OWNER will cause to be constructed, in accordance
with CITY standards, at his/her cost and expense, the following
improvements: As shown on Approved Plan N fA
dated - ~u~
E. #l~
Signature of owners to be notarized.
Attach the appropriate acknowledgements.
~(fJ;J ~NraJJ/)
Alan D. Archibald
Director of Engineering Services
bp37s3
. . 13
ATTACHMENT "A"
The property referenced by this agreement is described as follows:
LOT SIN BLOCK "V" OF SEASIDE GARDENS ANNEX, IN THE CITY OF ENCINITAS,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1801, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
AUGUST 6, 1924.
bp3753
. . 14
EXHIBIT "B"
COST ESTIMATE
VULCAN AVENUE IMPROVEMENT COVENANT
ITEM OTY UNIT UNIT COST TOTAt.
STREET:
4 " AC/6" AB 1300 SF $ 2.00 $2,600.00
, 6" CONC. CURB &
GUTTER 100 LF $12.60 1,260.00
,4" PCC SIDEWALK 420 SF 2.90 1,218.00
PCC DRIVEWAY
APRON 175 SF 3.70 647.50
SUBTOTAL $5,725.50
10% CONTINGENCIES 572.55
TOTAL $6,298.05
., . .
ACKNOWLEDGEMENT 15
State of california } On July 15, 1997, before me, Georgie L, Salvo, a Notary Public in and for the
County of San Diego ss, State of California, personally appeared RUSSELL LEE BENNETT, personally
known to me (or proved on the basis of satisfactory evidence) to be the
(This area for official sea~ person whose name is subscribed to the wkhin 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 behaW of which the
person acted, executed the instrument.
GEORGIE L SALVO" WrTNESS my hand and official seal.
Comm, # 1026845 ~
~OTAR!,,;:~ ~ORMA :0
',it c,~., Expires May 15, 1998 .
SigMue
THIS CERTIFICATE MUST BE nle or Type of D Agreement for Improvements in Public Right-
ATTACHED TO THE DOCUMENT of-Way (Lien Contract)
DESCRIBED AT RIGHT: Number of Pages 4 attachments Date of Document. July 15, 1997
Signer(s) Other Than Named Above - Alan D. Archibald