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HomeMy WebLinkAboutDeeds & Easements_58-1986ERECORDING REQUESTED BY: WHEN RECORDED, RETURN TO: City Clerk City of Redlands P. O. Box 280 Redlands, Calif. 92373 86.=348143 RECORDED IN OFFICIAL_ PECopr:, LIEN AGREEMENT TO SECURE CONSTRUCTION OF PUBLIC IMPROVEMENTS (Ordinance No. 1772) 6 N1011 20 AM 11. 02 ,i E3RNAR©IN0 CO.. CALIF. THIS AGREEMENT, made this 13th day of November , 1986, by and between the CITY OF REDLANDS, a municipal corpora- tion hereinafter called CITY, and Manuel B. Madrid hereinafter called OWNER. WHEREAS, OWNER plans to construct certain improvements to real property in CITY: and WHEREAS, the laws of the State of California and the ordinances of the City of Redlands require that OWNER secure the construction of certain public improvements as a condition prece- dent to said planned improvements and the occupancy thereof; and WHEREAS, it is to the benefit of OWNER that he post an adequate guarantee to insure the construction of said pubic improvements and that he agree to install said public improvements; and WHEREAS, CITY is willing to approve said planned construc- tion and occupancy thereof prior to completion of the required public improvement work only upon the condition that OWNER agrees to complete said public improvement work in accordance with the provisions hereinafter set forth, and pursuant to California Civil Code Section 66499 authorizes a lien to be immediately placed upon this property as security for guaranteeing to CITY completion of said public improvement work and payment of claims of laborers and materialmen furnishing labor or material in the construction of said public improvements; NOW, THEREFOR, in consideration of the metal convenants herein contained and for other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, it is mutually agreed as follows: I. OWNER will at his sole cost and expense 8. ALLEY a. Construct standard alley section between new property line and 3 feet westerly of alley centerline. 86-348143 2. OWNER agrees that all of said public improvements as required and referred to in provision 1 hereof, shall be commenced and completed within thirty (30) days of receipt of a written request from CITY to so construct said improvements, and OWNER further agrees that all of said public improvements shall be commenced and completed in accordance with then existing laws, ordinances, and standards relating to same, and further subject to the approval of the City Engineer. 3. OWNER further agrees to furnish all equipment, material, labor and engineering services necessary to complete said improve- ments, to do said work in a good and workmanlike manner in accordance with specifications of CITY as communicated by the City Engineer and Department of Public Works of CITY, and to pay CITY its actual costs of engineering and inspection services to be rendered on such work. 4. Said public improvements shall not be deemed completed until approved and accepted as completed by CITY's Council. 5. OWNER further agrees concurrently with the execution of this agreement that CITY shall have a lien upon the property, herein described, of the OWNER for the performance by the OWNER of this agreement and of every provision herein in the mode and at the time provided. Time shall be of the essence of this agreement, and upon default in the performance of any promise of OWNER herein or by OWNER of any term or condition hereof, CITY may declare the whole amount hereunder then owing to be due and payable and may enforce said work to be done, or in the alterna- tive CITY may elect and cause the completion of the construction and then institute foreclosure proceedings on this lien to pay for the same. 6. OWNER agrees that the cost of said improvements, including engineering and inspection services by the CITY, plus any possible payment of claims of laborers and materialmen furnishing labor or material in the construction of said public improvement, at the date of execution of this agreement is approximately Three thousand two hundred and no1100 ($ 3,200.00 ) . OWNER authorizes a lien upon his property for security to insure either the construction of said public improve- ment by his own action as provided in this agreement or as payment to the CITY of said amount in case the OWNER defaults in perfor- mance of this agreement. The amount of the lien shall be the amount indicated in this paragraph 6, adjusted to reflect changes in said costs as provided in the Engineering News Record Construction Cost Index as of the date of the CITY's written request to construct the improvements as provided in paragraph 2 of this agreement. OWNER understands and agrees that he and his heirs, successors, or assigns will be responsible for full reimbursement to the CITY for the CITY's actual cost of -2- 86--348143 constructing the improvements contemplated herein, notwithstanding the fact that such costs may exceed the amount of the lien created pursuant to this agreement. 7. CITY shall have the right immediately to record this agreement in the Official Records of the County of San Bernardino, State of California, as an instrument affecting and creating a lien upon the title to property of OWNER herein described; and, upon full performance by OWNER of this agreement, CITY shall execute and deliver to OWNER an instrument of full satisfaction of this agreement, which instrument shall fully and accurately describe the property of the OWNER herein described. This agreement shall be recorded before a building permit is issued to OWNER for said planned construction. 8. OWNER agrees to waive, as a defense, counterclaim or setoff, all and any defects, irregularities or deficiencies in ordinances or resolutions of CITY or of its officials or agents in regard to the authorization or making of said improvements and in regard to the defectiveness or voidness of aforesaid agreement between CITY and OWNER; and OWNER agrees to indemnify and hold harmless CITY, its officials or agents as to loss or damage from such defects, defectiveness, irregularities, omissions, deficiencies or voidness. 9. The property of OWNER to which this agreement is appli- cable is located at 1201 and 1209 Tribune Street (street address) Redlands, California, and its full legal description follows: Need legal for each lot. PARCEL NO. 1 The East 1/2 of the North 75 feet of the South 150 feet of the North 1/2 of the East 1/2 of the East 1/2 of the Northwest 1/4, of the Southeast 1/4, of Section 22, Township 1 South, Range 3 West, San Bernardino Base and Meridian, according to the official plat approved by the Surveyor General dated, September 4, 1858. Excepting therefrom the alley per Resolution No. 455 as recorded in hook 2892, page 12 of official records of San Bernardino County, California. PARCEL NO. 2 The South 75 feet of the North 1/2, East 1/2, East 1/2, Northwest 1/4, South- east 1/4 of Section 22, Township 1 South, Range 3 West, San Bernardino Base and Meridian, according to the official plat approved by the Surveyor General dated, September 4, 1858. Excepting therefrom the alley per resolution No. 455 as recorded in book 2892, page 12 of official records of San Bernardino County, California. Also excepting therefrom that portion lying Westerly of the Easterly line of the alley herein before mentioned. -3- 86-348143 10. The lien created pursuant to this agreement shall run with the property described herein, and the requirements imposed by this agreement shall bind the heirs, successors and assigns of said property until satisfied in full. 11. Should any legal action be brought for the purpose of protecting or enforcing its rights under this agreement, the prevailing party shall recover, in addition to all other relief, its attorneys' fees and court costs in an amount to be fixed by the Court. ATTEST' : City Jerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) CITY OF REDLANDS By: Mayor 0;' NER On XlovemfsF.,e /3 , 19 S(-, , before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (ar�.va�--x9 _y evidenec) to be the person t--,� whose name ts.) (is) (� subscribed to this instrument and acknowledged that tip executed it. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OFFICIAL Sri -AL KA cEN E TOTH +1 NO' MRY PUBUC - CALIFORNIA i�; i�v'�RDi�fJ MIJNTY — - My c '---- - expires AN 29, 1990 N ary ublic and for sa d County and State Aly c0mu ,ission eX-4 -4-