1986-376440 _86 376440
RECORDER: Please record this document
with no fee, and return it to: INS AUG 28 I'll 2: 20
Department of Public Works VERA L.LYLE
Mail Station 0336 L COUNTY RECORDER_, .�
Attn: Jesse DeLaney NO FM
Recorded Request of
Department of Public Works Space above for Recorder's Use Only
AGREEMENT FOR IMPROVEMENTS UY 2907 '
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Assessor's Parcel IN PUBLIC RIGHT OF WAY Manchester Avenue
No. 260-351-19 ORDINANCE 4815 (LIEN CONTRACT) Cardiff ( ;
This AGREEMENT executed this —� day of 19 p6 by
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and between Conway & Associates, Inc., a California corporation, and John D.
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Conway, a single man, 1129 Wood Lake Drive, Cardiff, CA 92007, hereinafter called N,
the Owner, and the COUNTY OF SAN DIEGO, a political subdivision of the State of
California, hereinafter called the County, is as follows:
WITNESSETH:
WHEREAS, the Owner owns property described as Lots 4 and 5 in Block 67 of 0;
CARDIFF VILLA TRACT, County of San Diego, State of California, according to Map
thereof No. 1469, filed in the Office of the County Recorder of San Diego County, ` ?
August 10, 1912, together with that portion of Rossini Drive East adjoining said
Lot 7 on the Northwest as closed by Resolution of the Board of Supervisors of San
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Diego County, and
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WHEREAS, the Owner is currently proposing to construct a commercial ` '
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building, and m
WHEREAS, the property is adjacent to an incomplete street, and ` A
i WHEREAS, the improvement will generate more traffic and the Owner has agreed
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to provide the right of way and/or improvements in accordance with Chapter 5 of
Division 1 of Title 5 of the San Diego County Code, and
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CCSF 84.80(2/77) -1. a "`
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WHEREAS, pursuant to Chapter 5 of Division 1 of Title 5 of the San Diego
County Code, the Director, Department of Public Works has recommended that
construction of those improvements required by the County 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 County upon
said property to secure the cost of construction of said future improvements,
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WHEREAS, the Owner is agreeable to the execution of such an agreement;
NOW THEREFORE, IT IS AGREED by and between the parties hereto as follows: ,
FIRST: The County agrees to accept the dedications, if any, and upon the Q
completion of the improvements required herein to the satisfaction of the
Director, Department of Public Works, agrees to dedicate said improvements to
the public for public streets.
SECOND: The Owner, in lieu of making the improvements specified herein, and
required by UY 2907 agrees, covenants, and promises that he will install, m,
construct, or cause to be installed or constructed the improvements herein set
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forth at a time satisfactory to the County provided, however, that the Owner
shall not be required to complete said improvements before June 1, 1987 or within o ?
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such further period of time as is hereafter specified by the County; provided Z
further that upon the happening of either of the following occurrences said
improvements may, at the sole election of the County, be required to be completed
sooner than June 1, 1987 or such extended period of time which may have been
specified by the County:
(a) When the Board of Supervisors has initiated assessment proceedings over
an area between intersecting streets on both sides of the street upon which the r
property herein described has frontage; or y
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(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 County to form an improvement district for the
improvement of said streets and the County initiates such proceedings.
Such improvements shall be made without cost or expense to the County. The f
County estimates that the cost of construction of said improvements at the time r
of the signing of this Agreement is $17,200.00. The Owner hereby acknowledges rn
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 obligation under this
Agreement extends to the actual cost of construction of said improvements
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notwithstanding it may exceed such estimate.
THIRD: That for the faithful performance of the promises and covenants rZ
herein contained the Owner hereby grants to the County of San Diego a lien upon Q
the property herein described, and in the event the Owner, his successors, heirs, m
j assigns, or transferees fail to install and construct said improvements in the
manner and within the time specified herein, he agrees that the County may do all
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of the following:
(a) Install and construct said improvements by contract or otherwise, and Z
grant permission to the County or its contractor and his employees to enter `
upon any portion or portions of the property reasonably necessary for said
construction, and the entire cost and expense of said improvements shall be
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charged against said property. Said cost and expense shall be payable by said t
Owner, his successors, heirs, assigns or transferees, immediately upon completion
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of said improvements, and in the event the same is not paid within thirty (30) •
days from said completion, the County may foreclose said lien as provided by law
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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
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any suit for such foreclosure.
(b) Direct the Director, Department of Public Works to estimate the cost of t.
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 heirs, successors, assigns and transferees shall
pay reasonable attorney's fees to be taxed as a cost in said proceedings.
FOURTH: 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 Q
heirs, successors, representatives, assigns, or transferees, and the lien hereby '
created shall be and is hereby subordinated to and declared to be inferior and
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subsequent in lien to the lien of any such purchase money mortgage or trust deed.
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€ The lien hereby created shall likewise be of no force or effect against any owner
whose title to the property herein described is acquired by or as a result of a
[� foreclosure or trustee's sale of any such first mortgage or first trust deed.
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FIFTH: That at any time during the period herein provided, the Owner, his y .
heirs, successors, representatives, assigns, or transferees, may place a cash `.
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j deposit or post a form of surety satisfactory to the County to charge said surety x `
with the cost of said improvements, the amount of security to be the estimated
cost of improvements, as ascertained by the Director, Department of Public Works ( r
and that upon deposit of said cash or posting of said surety the County agrees to
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LIEN
DEPARTMENT OF PUBLIC WORKS
COUNTY OF SAN DIEGO
1.
ESTIMATE OF QUANTITIES AND COST r
Reference UY 2907 (S85-18) Area Cardiff Road Manchester Avenue
Quantities by DHN Date April 20,1986 Estimate By DHN Date April 20, 1986 �.
No. Quantity Unit Item Unit Price Amount
1 1 L.S. Utility Relocation - power pole 15,000.00 15,000.00 FF
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2 1 L.S. Repair or replace P.C.C. sidewalk 300.00 300.00 m
Subtotal 15 300.00 O
10% Contingency 1,530.00, Q
Construction Inspect on 400.00
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This is an ESTIMATE ONLY.Quantities, units and sizes may be modified and are subject to the approval of TOTAL 230 �.
$17, .00
the final engineering plans by Department of Public Works.
USE $17,200.00 ra
Remarks:
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SS/Tax ID #
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release the property, or any portion of it under single ownership, from the
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provisions of this Agreement, and to execute any necessary release to enable the
Owner, his heirs, successors, representatives, assigns, or his transferees to
clear the record title of the property so released of the lien herein imposed. "
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SIXTH: The improvements required are as follows:
1. The Owner will cause to be constructed, in accordance with San Diego
Regional Standards, at his sole cost and expense, the following 3 m
improvements:
a. Sidewalk, Approximately 10 lineal feet, 4.5 feet wide.
b. Relocate power pole.
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J n . ConvMY m
Conway & Associates, Inc., '
a California Corporation
By
Title Z
ByfP2
Tit
Oct
GRANVILLE M. BOWMANf Director m
Department of Public Works
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(Individual) 5
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STATE OF CALIFO NI Diego 1SS.
COUNTY OF
' before me,the undersigned, m.
4 On this 16th day of July in the year
a Notary Public in and for said State,personally appeared
Jo D. Conway
nown to Se) (proved subscribed to this nst asis of umentatisfactory evidence)to be the person
W (personally k
w whose name_
= and acknowledged that he executed it.
ul or-FtcuuL SEAL
F WITNESS my hand and official seal. ALICE E,MAY
((( m NOTARY pUSUC•CAUFORNIA
. I f, pf MO?AL OffICE IN
i.. I t SAN DIEGO COUNTY
1 Signature Mr C.0misia Elp,pow.13,1991 v'
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I {, (This area for official notarial seal)
£ DPW Form 177(7/82) �.
j (Corporation)
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I STATE OF CALIFORNIA
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SS.
a COUNTY OF
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i' Oa �� /� �� b fort me, the undersigned, a Notary Public in and for said
4 F State, perso ally appeared 7.1M9/ personally k own to a (or//�raved to me
d w on the basis of satisfactory evidence)to be the President,and c.^!1ll6GJ i
t w known to me to be Secretary of the corporation that executed the within Instrum t,
o' = known to me to be the persons who executed the within
Instrument IL
acknowledged to behalf that such corporation therein
executedn the named,
N instrument pursuant to its by-laws or a resolution of its board
t of directors. OFFICIAL SEAL
0, WITNESS my hand and ficial seal. ea JOAN Q UONNt.L
w NOTARY PUPLIC-MIFORNIA
i. o Signature 9!,� ,,.. PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission tip.lali 9,I99d
Name(Typed or Printed) i
OFC-2058
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