1989-161752 Recording requested by:
City of Encinitas
When recorded mail to:
City Engineer
City of Encinitas
527 Encinitas Blvd.
Encinitas, CA. 92024
For the benefit of the City
Assessor's Parcel SPACE ABOVE FOR RECORDER?S USE
No. 261-032-27
AGREEMENT FOR IMPROVEMENTS IN
PUBLIC RIGHT OF WAY
This AGREEMENT executed into this ~ day of ,
19 ~, by and between CARDIFF-BY-THE-SEA LODGE PARTNERS, 1741 San
Elijo Avenue, Cardiff, CA 92007, hereinafter called the
Developer, and the COUNTY OF SAN DIEGO, a political subdivision of
the State of California, hereinafter called the County, is as
follows:
WITNESSETH:
WHEREAS, the Developer owns property or is about to develop
property described as Lots 5,6 and 7 in Block 31 1/2 of Tract
1369, a resubdivision of a portion of Cardiff, in the County of
San Diego, State of California, according to Map therof No. 1369,
filed in the Office of the County Recorder of said County, January
15, 1912, and
WHEREAS, the Developer is currently proposing to construct a
commercial building, and
WHEREAS, the property is adjacent to an incomplete street, and
WHEREAS, the improvements will generate more traffic and the
Developer has agreed to provide the required right of way and/or
improvements in accordance with Chapte~ 5 of Division 1 of Title 5
of San Diego County Code;
NOW THEREFORE, IT IS AGREED as follows:
1. The Developer will cause to be constructed, in accordance
with San Diego Regional Standards, at his sole cost and expense,
the following improvements:
a. Curb and gutters, 88 lineal feet. Face of curb to be
located 20 feet from centerline.
b. Sidewalk: 50 lineal feet, 4.5 feet wide.
c. One driveway, 25 feet wide.
d. Roadways: (1/2 width 30 feet from centerline)
(1) Approximately 75 lineal feet Z, feet wide on
Chesterfield Drive, and approximately 30J lineal feet
8 feet wide on the Alley.
e. Drainage: as required
f. Other:
(1.)Staking & Engineering as required.
(2.)Remove Broken A.C. Pavement in Alley as required.
(3.)Remove P.C.C. Curb, Gutter & Sidewalk as required.
3. The Developer agrees to submit to the Director, Department
of Public Works, with this Agreement, security for the performance
of the improvements required of the Developer under this Agreement
in an amount equal to the estimated cost of said improvements as
determined by the Director, Department of Public Works. The
security shall be of a type authorized by Chapter 5 of Division 1
of Title 5 of San Diego County Code and in a form satisfactory to
the Director, Department of Public Works.
4. Prior to the start of construction the Developer will
deposit with the County the required permit fees in accordance
with the procedure for private development of public streets.
5. Construction of the above improvements will be completed
prior to use or occupancy of the facility, or within 24 months
after execution of this Agreement, whichever dates is earlier.
6. The Developer agrees that his obligation under this
Agreement extends to the completion of the improvements as
hereinbefore set forth, which obligation is not limited by the
amount of the cost estimate. The Developer further agrees that
the cost estimate is an estimate only and is not intended to
constitute liquidated damages.
7. The Developer agrees that he will not request partial or
full occupancy of the facility authorized by the building permit
until all required road improvements have been completed in a
manner acceptable to the County of San Diego.
It is understood and agreed between the County and the
Developer that any additional work needed to complete the roadways
will be by a separate agreement but also that any work on the
Developer's property is not covered by this Agreement but is
subject to the rules governing construction on private parcels.
CURED AGREEMENT
DEPARTMENT OF PUBLIC WORKS
COUNTY OF SAN DIEGO
ESTIMATE OF QUANTITIES AND COST
Reference UY 2739 Cardiff
Area Road Chesterfield Drive
Quantities by. .Date Estimate By R.H.H. Date March 2, 1988
No. Quantity Unit Item Unit Price Amount
I i L.S. Staking & Engineering 1,000.00
2 88 L.F. P.C.C. Curb & Gutter
3 225 S.F. P.C.C.. Sidewalk 2.70 607.!
4 250 S.F. P.£.C. Driwway 3.20 800.00
5 150 S.F. A.C. Pavement (Street) 1.67 250.50
6 240 A.C. Pavement (Alley) 1.67 400.8,
7 240 Remove Broken A.C. Pavement (Alley) 0.50 120.0~
8 88 L.S. REmove P.C.C. Curb, Gutter & Sidewalk 7.00 616.00
Subtotal
10% Contineeflcy ' 476.20
CARDIFF BY THE SEA LODGE PARTNERS _ ...,, ~.~
THE 0 ERO
DOLLARS
FOR ......
· ~ 220000h ~m.o ~ 22,,,h 22,,,Ofl~ 2 .
This is an ESTIMATE ONLY. Quantities, units and sizes may be modified and are subject to the approval of TOTAL $5,239.00
~he final engineering plans by Department of Public Works.
Remarks: USE $5,240.00
SS/Tax ID #
498
DEPARTMENT OF PUBLIC WORKS
COUNTY OF SAN DIEGO
ESTIMATE OF QUANTITIES AND COST
Reference UY 2739 Cardiff
Area Road Chesterfield Drive
Quantiti'es by Date Estimate By. R.H.H. Date Harch 2, 1988
No. Quantity Unit Item Unit Price Amount
1 i L.S. Staking & Engineering 1, 1,000.00
2 88 L.F. P.C.C. Curb & Gutter 968.00
3 225 S.F. P.C.C. Sid~wal k 2.70 607.50
4 250 S.F. P.£-£. Driveway 3.20 800.0(
5 150 S.F. A.C. Pavement (Street) 1.67 250.50
6 240 A.C. Pavement (Alley) 1.67 400.80
7 240 Remove Broken A.C. Pavement(Alley) 0.51 120.00
8 88 L.S. REmove P.C.C. Curb, Gutter & Sidewalk 7.00 616.~
Subtotal
10% Continqency 476.20
~ >55~ SC oc~O.O0 MO i
~ ~ ?~ ~5~O.OOCKTO
7S~6 .OOCACG i
Gl. , 3128188
Fhis is an ESTIMATE ONLY. Ouantitie$, units and sizes r of TOTAL
~he final en§ineering plans by Department of Public Works. 239.00
;qemarks: USE $5,240. O0
SS/Tax ID #
'499
IN WITNESS THEREOF the parties hereto have caused this
Agreement to be executed the day and year first above written.
By: CARDIFF-BY-THE-SEA LODGE PARTNERS
D~N~ ~. KNUTSJ)N
JAMES C. STATSER
COUNTY OF SAN DIEGO
GRANVILLE M. BOWMAN, Director
Department of Public Works
(Partnership)
' STATE OF CALIFORNIA
COUNTY OF__ Sa~ Diego 1 ss.
l- On this 9th day of. March , in the year ~._~..~_~, before me, the undersigned,
a Notary Public in and for said State, persona y appeared Duane H. Knut~oi3 & James C
(personally known to me) (proved to me on the basis of
satisfactory evidence) to'l~e the partners of the Statser
partnership that executed the within instrument, and -
acknowledged to me that such partnership executed it.
WITNESS my hand and offi 'al seal.
Signature ,/, ~;~! ~(~// '
C~PW Form 178 (7/82)
(This area for official notarial seat)