1986-2134979.
2370 c
WHEREAS, pursuant to Chapter 5 of Division I 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, =yv
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and
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
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 Q
required by_UY 2610 (R84-008) agrees, covenants, and promises that he will
install, construct, or cause to be installed or constructed the improvements
herein set forth at a time satisfactory to the County provided, however, that the
Owner shall' not be required to complete said improvements before January 1, 1987
or within such further period of time as is hereafter specified by the County;
provided 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 January 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
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an area between intersecting 'streets on both sides of the street upon which the
property herein described has frontage; or
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i(b) When owners of more than 60ro of the frontage, between intersecting
streets on both sides of the street upon whi Ch. :the property herein described has
frontage, have petitioned the County to form an improvement district for the
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improvement of said streets and the County.initiates such proceedings.'
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Such improvements shall 6e made without cost "or expense to the County. , The
County estimates that the cost of construction of said improvements at the time
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of the signing of,this Agreement is $12,800.00. The Owner hereby acknowledges
that 's aid cost is a reasonable estimate of construction costs at this time and
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that the actual cost of said imp.rovements.at some time in the future may exceed..,:
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this estimate; and the Owner hereby agrees. that his obligation under this
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Agreement extends to the actual cost of construction of said improvements
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notwithstanding it may ;.exceed such estimate.
VIRO: That for the .faithful performance of the promises and covenants
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herein contained the Owner, hereby grants to the County of San Diego a lien upon
the property herein described, and in the event the Owner, his successors, heirs,
:and
assigns, or, transferees fail to install construct said improvements in the
manner and within the time specified herein, he agrees that the County may: do all
of the following:
(a) Install and construct said improvements by contractor otherwise,. and
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:
charged against said property. Said cost and expense shall be payable by said
Owner, his 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 County may foreclose said lien as provided by law
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237
Y for the foreclosure of mortgages,' and the Owner agrees that the amo -unt of, said
r lien shall include reasonable attorney`s fees which shall be taxed as a cost in
any suit for such foreclosure.
(b) Direct the Director, Department of Public Works to estimate the cost of
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the work required complete said improvements and foreclose said lien in said
mono
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 -
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notwithstanding, the promises and covenants.made herein shall not be binding uport
the holders, mortgagees, or beneficiaries of any purchase money mortgage or trusts,
deed, for value which has been'or may in the future be executed by the Owner, his
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heirs, successors, representatives, assigns, or transferees, and the lien hereby`
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created shall be and is hereby subordinated to and declared to be inferior and
subsequent in lien to the lien of any such purchase money mortgage or trust deed.
The lien hereby created shall likewise be of no force or effect against any owner
whose title, to the property herein described is acquired by or as a result of a
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foreclosure or trustee's sale of any such first mortgage or first trust deed.
FIFTH: That at any time ,during the period herein. provided, the Owner, his
heirs, successors, represent atives,`assigns, or transferees, may place a cash
deposit or post a form of surety satisfactory to the .County to charge said surety
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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
and -that -upon deposit of said cash or posting of said surety the County agrees to
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STATE OF CAL ORNIA 2375
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On this `�('a SS.
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(Personally known to me Person Ily appeared
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a instrument and acknowledges to
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WITNESS my h
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and official seal.
OFFI CIAL SEAL
Signatu e
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PUBLIC - CALIFORNIA
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SAN DIEGO 60U
NY Comm. Mires
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DPW Form lei (7
A7gR 24, 1989
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(This area for
Official notarial seal)
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