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Agreement for Improvements in Public Right of Way 81-123254'RECORDER; 317 Please record this document with no fee, and return it to: City Clerk City of Poway P.O. Box 785 Poway, CA 92064 Si= 123254 FILE/PAGE NO. 800` 1981 REAUtp tif' EP ;go Department of General Services APRZZ 119NT OFFICIAL F—CORDS SAN DIEGO COUNTY, CA, VERA L. LYLE NO FEE RECORDER SPACE ABOVE FOR RECORDER'S USE ONLY AGREEMENT FOR IMPROVEMENTS IN PU3LIC RTGHT OF WAY P 65-098M2W' (UT-1859) Assessor's Parcel SPECIAL USE PERMIT Road Espola mabad No. 273 - 820 -08 (LIEN CONTRACT) Area Poway This AGREEMENT executed this day of , 19 , by and between Church of the Incarnation of San Diego County, Ca., 16889 Espola Road, Poway, Ca. 92064 ,address hereinafter also called Owner, and the CITY OF POWAY, a political subdivision of the State of California, hereinafter called the City, is as follows: and 14ITNESSETH: WHEREAS, the Owner owns property described as a portion of Section 26 Township 13 South, Range 2 West. San Bernardino Base and Meridian as described in deed to the Lutheran Church of the Incarnation of San Diego County, Calif., recorded May 14 1965 as document No. 86946 of official records filed in the Office of the County Recorder of the County of San Di WHEREAS, the Owner is currently proposing to construct a church addition 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 required right of way and /or improvements in accordance with Chapter 5 of Division 1 of Title 5 of San Diego County Code. JFD 602 and 318 WHEREAS,'pursuant to Chapter 5 of.Div. 1 of Title 5 of the San Diego County Code, the City Engineer has recommended that construction of those improvements required by the City to be constructed by Owner be postponed and that the Owner is required to execute an agreement to construct said improvements in the future and granting 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; NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: FIRST: The City agrees to accept the dedications, if any, and upon the completion of the improvements required herein to the satisfaction of the City Engineer the City agrees to dedicate said improvements to the public for public streets. SECOND: The Owner, in lieu of making the making the improvements specified herein, and as required by P65- 098M2W 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 City provided however, that the Owner shall not be required to complete said improvements before March 1, 1982 or within such further period of time as is hereafter specified by the City; provided further that upon the happening of either of the following occurrences said improvements may, at the sole election of the City be required to be completed sooner than March 1, 1982 or such extended period of time which may have been specified by the City. (a) When the City of Poway 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 property herein described has frontage, have petitioned the City to form an improve- ment district for the improvement of said streets and the City initiates such proceedings. JDF 603 3 t 9 Such improvements shall be .made without cost or expense to the City. The City estimates that the cost of construction of said improvements at the time of the signing of this contract is $6.100.00 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 Owner hereby agrees that his obligation under this agreement extends to the actual cost of construction of said improvements notwithstanding it may exceed such estimate. THIRD: That for the faithful performance of the promises and covenants herein contained the Owner hereby grants to the City of Poway a lien upon the property herein described, and in the event the Owner, his successors, heirs, assigns, or transferees fail to install and construct said improvements in the manner and within the time specified herein, he 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 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 assignees, 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. Cc) Foreclose said lien as a mortgage. JFD 604 320 (d) Pursue any other remedy, legal or equitable by law for the foreclosure of a lien, and the Owner, his heirs and assigns, 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, mortgagors, 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 heirs, successors, representatives, or assigns, 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 title to the property hereinafter described is acquired by or as a result of a 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, and assigns or transferees, may deposit a cash bond or post a surety performance bond satisfactory to the City to charge said surety with the cost of said improvements, the amount of bond to be the estimated cost of improvements, as ascertained by the City Engineer and that upon deposit of said cash or posting of said bond the City agrees to release the property, or any portion of it under single ownership, from the provisions of this agreement, and to execute any necessary release to enable the Owner or his transferee to clear the record title of the property so released of the lien herein imposed. SIXTH: The improvements required are as follows: JFD 605 NOW, THEREFORE, IT IS AGREED as follows: 3 2 1 I. The Developer will upon execution of this agreement a. Offer for dedication free and clear of all encumbrances for roadway purposes the following parcel(s) of land: 2. The Developer will cause to be constructed, in accordance with San Diego Regional Standards, at his sole cost and expense, the following improvements: f. Other: 1. Relocate power pole. 2. Remove existing A.C. dike, as required. JFD 606 (strike out items not applicable) a. Curb and gutters, 13 lineal feet. Face of curb to be located 41 feet from centerline. b. Sidewalk: 13 lineal feet, 4.5 feet wide. C. -- driveway(s), -- feet wide. d. Roadway(s): (1/2 width sl feet from centerline) (1) Approximately 13 lineal feet 20 feet wide on Espola Road , and approximately -- lineal feet feet wide on -- e. Drainage: As required. (.1) Approximately lineal feet of inch pipe, lineal feet of inch pipe. (2) inlet(s). (3) Approximately lineal feet of Channel. f. Other: 1. Relocate power pole. 2. Remove existing A.C. dike, as required. JFD 606 Road Survey No From Station _ Budget Force Account DEPARTMENT OF TRANSPORTATION COUNTY OF SAN gIEGO ESTIMATE OF QUANTITIES AND COST Road Name Esoola Road /Poway to Station Road No. Contract Co-op R.I.D. 322 Reference P65- 098M2W Work Order No. Date Date Quantities by Estimate by _ MB 2/17/81 Checked by Checked by No. Quantity Unit Item Unit Price Amount 1 1 L. S. Staking and Engineering S00.00 500.00 2 1 L. S. Utility relocation 4,500.00 4,500.00 3 13 L. F. P.C,C, curb and gutter 8.00 104.00' 4 58 S. F. P.C.C. sidewalk 1.65 96.00 5 250 S. F. A.C. pavement 1.18 295.00 6 13 L. F. Removal A.C. dike 3.00 39.00 Subtotal $ 5,534.00 10% Contingencies SS3.00 . TOTAL 6,087.00 Remarks USE $ 6,100.00 Form DOT 31 (5/78) Approved: e r H.E. SORLIE hW1 -w�e Assistant DimcCor of Public Vkfks K. J. MASSMAN / City Engineer (Acting) Accepted: CITY OF AY. as STATE OF CALIF RN11 f.Ol'NTl' OF I SS. 'e C0 before me. °. the undersigned, a Nma y Publics in an for said County and State �?person Y Bred C —�� /� no to rite to I he President, and o � ,known to me to be C Segrtary ed the rorporatioa that executed the °- within Instrument, known to me to be the persons who executed the o`o within In °voment on behalf of the corporation therein named, and acknowledged to me that such corporation exeruted the within u' instrument pursuant to its bylaws or a resolution of its board of directors. i U Signature —/—s t) �l t C. P� c B59 V� Name I yprd or Printed) Notary Public in and for said County and State 323 The Lutheran Church of the Incarnation of San Diego County FOR NOTARY SEAL OR STAMP OFFICIAL SEAL s JUNE C ROBERTS ci< NOTARY PUBLIC - CALIFOR P:IA SAN DIEGO COUNTY n My comm. expires AUG 27, IK4 S JFD 607