1981-112039 O
831
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IMPROVEMENT SECURITY AGREEMENT--
LIEN CQNTRACT m
(Minor Subdi.Vision)
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WHEREAS, the Boa d of Supervisors of the County of San
Diego,0g�� a f. a ri a�..he ;after referred to as Board) v
and-1� r c -�za zcN ICIVI.SeQ4*tn� inafter referred to as I
Owner) have entered into the attac'fie agreement whereby Owner
agrees to perform certain acts- and construct certain designated
public improvements in connection with the 'approval of a parcel
map (hereinafter referred••to-as Map) for the subdivision County
of San Diego Tract No.16428' , which 'said agreement, identified Z
as "Agreement to Improve or Subdivision County of San Diego
Tract No.*16428 " (hereinafter referred to as Agreement to Improve) , '
is hereby incorporated into this Lien Contract by reference; and i v
WHEREAS, Owner is required under the terms of the Agreement.
to Improve to furnish improvement security in accordance with f
Section 66499 of the Subdivision Map Act; and ! 0
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WHEREAS, in accordance with Section 81.712 of the San Diego
County Code, it has been determined that it would not be' in the 0
public interest to require the installation of the required
improvements sooner than two years after recordation of the Map,
pursuant to one or more of the following designated reasons: Z
xxxxx
Streets serving adjacent properties and/or the area in ; I
general are below standards of the County of San Diego
(hereinafter referred to as County) to a degree that C
required street improvements would be out of character with j m
surrounding improvements; or T�
-- Required improvements would cause a drainage or other ( f
engineering problem; or I
-- Required improvements are not possible without some � ' r
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additional work or right-of-way not obtainable with the ? r
subdivision; or .�
-- For_ the. following reason, completion of required improve- '; m
ments sooner than two years after recording the Final Map
would not be in the public interest: (State sAecif_ic reason
here). .
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NOW, THEREFORE, it is agreed by and between the parties 0
that in order to perform the Agreement to Improve and give
assurance to County that the acts and improvements will be made
6428 �.
CCSF 84.99 ¢.
5/80 * COUNTY CONTRACT
NUMBER/7 76- -J-7.5-0 j
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in accordance with the Agreement to Improve, Owner hereby grants ' .
to. County a lien upon the •real property described in Exhibit A, m
attached hereto and incorporated herein by this reference, M
subject to the 'following provisions:.
1. This lien is in an amount 'equal. to '$23,162.00////// , 0
which amount is calculated to..include `$' 14;800,.00// to guarantee
the faithful per formance 'of••the obligations specified in the
Agreement to Improve 'and '$' 8;362:00///. to guarantee payment to the
contractors, subcontractors- and persons reciting equipment or
furnishing labor and materials to the 'contrac'L-ors and/or sub-
contractors for the work 'or improvements required pursuant to
the Agreement to T-mprove.' z
2. Owner shall not be 'required. to complete specified 0
work or improvements before *MA:RCx 24','1983' ' ' ' ' ` ' '
(2 years after date of Agreement)
or within any time extension granted .by County, unless County
elects to accelerate the 'date of completion, due to the occurrence .
of either event below: l.0
A. The Board has initiated assessment proceedings
over an area between intersecting streets on both sides of
the street upon which the property to be divided has C
frontage; or
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B. ' The owners of more than 600 of the frontage
between intersecting streets on both sides of the street
upon which the property to be divided has frontage have
petitioned County to form an improvement district for the
improvement of these streets, and County has initiated such m
proceedings. `
3. Owner agrees, at his sole expense, to perform the acts
and improvements in the manner and within the time specified in
the Agreement to Improve. In the event that Owner, his heirs, t r
successors, assigns or transferees fail to so perform, County ; ■
may pursue any or all of the following remedies: c
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A. Install and construct the improvements by contract r
or otherwise, and/or perform the specified acts, and charge I m
the costs and expenses to Owner, his heirs, successors, k
assigns or transferees immediately upon completion of the
improvements. If these charges are not paid within 30 days I w
of the date of completion, County may foreclose this lien I m
as provided by law for the 'foreclosure of mortgages. 4 C
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B. Cause the-Director of Transportation to estimate O
the cost required to complete the improvements, and foreclose W
this lien as a mortgage in the 'amount of the Director's
estimate. i m
m16428
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j C. Exercise a nonjudicial power of sale over the
property which 'is subject to this lien, in accordance with
the 'requiremerits of Civil Code Sections 2924 through 2924h,
and apply the proceeds from such sale to the construction O
of improvements and performance 'of acts as required by the
Agreement to` Improve.' 0
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D. Pursue any other reTdedy, legal or equitable, for
the foreclosure of a lien.
Owner further agrees that as a part of the obligation
secured hereby and in addition to the face amount specified Z
therefor, there 'shall be 'included costs and reasonable expenses
and fees, including reasonable attorney's fees, incurred by 0
County in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered. Ill
4. Ea[tiriction 'df: Lien. County's lien shall remain in O
farce, and its remedies as provided in paragraph 3 above shall
remain in effect for a period of one year after the completion
and acceptance by the Board of the improvements required under 0
the Agreement to Improve, at which time the County shall, upon ' 'O
request, execute any necessary release to enable Owner 'or any C
transferee to clear the record title of any property released Z
from this lien.
5. • From the time of recordation of this Lien Contract, a
lien shall attach to the real property described herein and
shall have the priority of a judgment lien. This lien shall be C
superior to all other liens or encumbrances against the property m
to be divided, unless the lien is subordinated to other liens or
} encumbrances pursuant to a determination by County that the r
security for performance is sufficiently secured by a lien on
other property or that subordination of this lien will not ;
jeopardize performance of the obligations imposed by the Agreement
to Improve. Such subordination, however, shall be effective r
only to the extent that (1) County has first approved the other d r
lien or encumbrance, and (2) proceeds from the other lien or
encumbrance are used exclusively to improve the property described
herein. m
6. At any time during the period covered by this Lien
Contract, Owner, his heirs, successors, assigns or transferees
may obtain a Cash Deposit, Instrument of Credit, or Letter of F m
Credit satisfactory to County to secure the obligations imposed
by the Agreement to Improve.' Upon execution of such other
satisfactory security, County agrees to release the property I 0
from the provisions of this Lien Contract, and to execute any
necessary release to enable Owner or any transferee to clear the v
record title of any property so released from this lien. I; m
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7. This Lien Contract shall be recorded in the Office of
the County Recorder, ,and a note of the contract shall be placed r
on the 'Map, pursuant to Section 81.712 of the San Diego County .A
Code.
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8. The unenforceability, invalidity, or illegality ,of any :.
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provision in this Lien Contract shall not render the other
provisions unenforceable, invalid, or illegal.
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9. haat the Agreement to Improve
The parties ackriowledge 't v
s' is appended to this Lien Contract.
Dated:
( . . . . . . . . . . f..
Owners rn
Accepted: i O
`.' Count f San Die/ggoj approved and/or authorize d,by-the Board
( 0 Supervisors of the County of San Diego g +O
By i1il '
Clerk, Board of Supervisors APR 7 1981
CLrk of the Board of Supervisors
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STATE OF CALIFORNIA) ss, 835
,COUNTY OF SAN DIEGO)
On this ZP/- day of in the year /9fl'/ before me,
ROBERT D. ZUMWALT, County Cleilk and ex-officio Clerk of the Superior Court Y z
of the County of San Diego, personally appeared PORTER D. CREMANS, known 0
to me to be the Clerk of the Board of Supervisors of said County, and
known.to3me,,to be the person who executed the within instrument on behalf fI
of•.:said' County, and acknowledged to me that such County executed the same.
i
ROBERT D. ZUMWALT, County Clerk and ex-officio 0
Clerk of the Superior Court f *0
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By Z
I (SEAL) Deputy ,..�
To 1944 GA I8•741 ? g r
TITLE INSURANCE
AND TR
(Individual) UST
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STATE OF CALIFORNIA ATCO9 COMMNY {
SS.
COUNTY OF
On— � a 3� 19 / before me,the undersigned,a Notary Public i and for said
State,personally appeared 2 /fA -L o �} F 2 1Y �/
W � r-
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s — ,known to me — t
A Rte_subscribed ,�.,,, OFFICIAL SEAL. r
a. to be the person-5_-whose name DOLORES M.SULLIVAN
mto the within instrument and acknowledged that `T7 _ a NOTARY PUBLIC-CALIFORNIA
executed the same. P SAN DIEGO COUNTY
WITNESS my hand and official seal. My comm.expires NOV 22, 1982? rn
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Signature, ' m
(This area for official notarial seal)
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RECORDED ftE(!UI:ST OF }
APR 13 11 o5 AM I I n
OFFICIAL -`-RDS 0 ,
SAN DIEGO COI CITY.CA.
VERA L.
140 FEE
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