The URL can be used to link to this page

Home My WebLink About06-270 - Resolutions RESOLUTION NO. 06-270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY CONTRACT AND LIEN AGREEMENT FROM RANDY AND SANDRA DAVIS AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME WHEREAS, the City Council of the City of Rancho Cucamonga adopted Ordinance 58 to establish requirements for construction of public improvements and dedication of ultimate right of way in conjunction with building permit issuance; and WHEREAS, installation of asphalt pavement, curb and gutter, sidewalk, street lights, street trees, access ramp and dedication of corner cutoff established as prerequisite to issuance of building permit for 1 Gooseneck Lane has been met by entry into a Real Property Improvement contract and, Lien Agreement,by, Randy, and Sandra Davis a copy of which Is attached hereto and incorporated herein by reference; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that the contract is hereby approved, and the Mayor and City Clerk are authorized to sign same and direct the City Clerk to record same in the office of the County Recorder of San Bernardino County, California. Please see the following page for formal adoption,certification and signatures Resolution No. 06-270 Page 2 of 8 PASSED, APPROVED, AND ADOPTED this 6`h day of September 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None CLP William J. Ale nder, Mayor ATTEST: Debra J. Ada CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 6th day of September 2006. Executed this 7`h day of September 2006, at Rancho Cucamonga, California. 0'.. 6-" Debra J. AdaW, CM , City Clerk Resolution No. 06-270 Page 3 of 8 Recorded In OlBclxl Records,County oI San Bernardino 9/2212008 LARRY WALKER 1t14 AM SN AuditmlConlmller — Recorder RECORDING REQUESTED BY and " R Regular Mail WHEN RECORDED MAIL TO: ` DoNcit: 2006—0649891rales: t Pages: 8 City Clerk F 0.00 IIII�u IIII IIIAI II II II I Illull I PVInn E0.00 City of Rancho Cucamonga 0.00 01he 0. P. O. Box 807 Rancho Cucamonga, California 91729 REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT THIS AGREEMENT, made and entered into this //e day of LSU y, 2006, by and between Randy Davis and Sandra P. Davis, husband and wife as joint tenants, (hereinafter referred to as "Developer"), and the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation(hereinafter referred to as "City"),provides as follows: WHEREAS, as a general condition precedent to the issuance of building permit 2006-00771, the City requires the construction of missing off-site street improvements including asphalt pavement, curb and gutter, sidewalk, street lights, street trees and access ramp adjacent to the property to be developed; and WHEREAS, as a general condition precedent to the issuance of building permit 2006-00771, the City requires dedication of comer cut off at the southwest comer of Gooseneck Road and Almond Street; and WHEREAS, the Developer desires to postpone construction of such improvements, and dedication of comer cut off, until a later date,as determined by the City; and WHEREAS, the City is agreeable to such postponement provided that the Developer eaters into this Agreement requiring the Developer to construct said improvements, and dedicate right of way, at no expense to the City, after demand to do so by the City, which said Agreement shall also provide that the City may construct said improvements if the Developer fails or neglects to do so and that the City shall have a lien upon the real property hereinafter described as security for the Developer's Resolution No. 06-270 Page 4 of 8 performance, and any repayment due City. NOW, THEREFORE, THE PARTIES AGREE: I. The Developer hereby agrees to install said improvements and dedicate right of way in accordance and compliance with all applicable ordinances resolutions, rules and regulations of the City in effect at the time of the installation. Said improvements to be installed shall not exceed beyond the centerline of said street or beyond the frontage of the subject property except as required to provide for adequate drainage and traffic transition per City Standards. 2. The Developer shall prepare plans for said improvements and dedication of right of way within 90 days from written notice to the Developer from the City to commence preparation of same and the installation of said improvements shall be completed no later than 90 days from approval of said improvement plans. Or Developer shall provide for other means for the installation of required improvements within 60 days of said written notice to commence preparation of plans to the satisfaction of the City Engineer, modified. Preparation of plans, processing of plans and installation of said improvements shall be at no expense to the City. 3. In the event the Developer shall fail or refuse to complete the installation of said improvements in a timely maturer, City may at any time thereafter, upon giving the Developer written ' notice of its intention to do so, enter upon the property hereinafter described and complete said improvements and recover all costs of completion incurred by the City from the Developer. Each parcel created by recordation of said map shall be subject to a prorated amount on a per acre basis. 4. To secure the performance by the Developer of the terms and conditions of this Agreement and to secure the repayment to City of any funds which may be expended by City in completing said improvements upon default by the Developer hereunder, the Developer does by these presents grant, bargain, sell and convey to the City, in trust, the following described real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California,to wit: Parcel 1 of Parcel Map No. 747 in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per plat recorded in Book 19 of PM, page 22 in the office of the County Recorder of said county. 2 Resolution No. 06-270 Page 5 of 8 5. This conveyance is in trust for the purposes described above. 6. Now, therefore, if the Developer shall faithfully perform all of the acts and things to be done under this Agreement, then this conveyance shall be void, otherwise, it shall remain in full force and effect and in all respects shall be considered and treated as a mortgage on the real property and the rights and obligations of the parties with respect thereto shall be governed by the provisions of the Civil Code of the State of California, and any other applicable statue, pertaining to mortgages on real property. 7. This Agreement shall be binding upon and shall inure to the benefit of the heirs,executors, administrators, successors and assigns of each of the parties hereto. S. To the extent required to give effect of this Agreement as a mortgage, the term `Developer" shall be "mortgagor" and the City shall be the "mortgagee" as those terms are used in the Civil Code of the State of California and any other statute pertaining to mortgages on real property. 9. If legal action is commenced to enforce any of the provisions of this Agreement, to recover any sum which the City is entitled to recover from the Developer hereunder or to foreclose the mortgage created hereby, then the prevailing part) shall be entitled to recover its costs and such reasonable attorneys fees as shall be awarded by,the Court. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. DEVELOPER r7 Date Date (fie q}/watea /iclr-o tit.�y,,...•r� DEVELOPER'S SIGNATURE NIUST BE NOTARIZED AND COiNIPLETED IN TRIPLICATE Resolution No. 06-270 Page 6 of 8 ALL-PURPOSE ACKNOWLEDGMENT • State of California ' County of ReV A4N/l/L& ss. IOn 9J6-o6 before me, //�jchae/ A ,/De�1'/ I (DATE) (N....Y) 1 personally appeared S -v"; gNa P 1 �peSIGhRR(5) ID rsonally known to me OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ! is/are subscribed to the within instrument and ' I acknowledged to me that he/she/they executed the same in his/her/their authorized ' capacity(ies), and that by his/her/their fsignature(s) on the instrument the person(s), ' �ratwfltitlWws or the entity upon behalf of which the i II •lead person(s) acted, executed the instrument. tm �onlo ' ►MCorrrnE �74 iWITNESS my hand and official seal. i • � NOiARVS SIGNATURE i ! OPTIONAL INFORMATION ' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT I INDIVIDUAL • ❑ CORPORATE OFFICER TITL1 Pry ry{FpQ�ryPH r • E OR TYPE OF DOC ENT ' rIrIJ:(57 i ❑ ATT RNEY-ZA y ❑ TRUSTEES) NUMBER OF PAGES • ❑ GUARDIAN/ I ❑ OTHER: DATE OF UMENT ' SIGNER IS REPRESENTIN ' ' NAME OF PERSON(5)OR EhTRY(IES) ' O¢iER APA 194 VALLEY-SIERRA,800.362-3369 Resolution No. 06-270 Page 7 of 8 CITY CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation //J1 By: William . Alexander Date ayor ATTEST: APPROVED AS TO FORM: &Ct�o� . �/� Debra 7. ams City Attorney City. erk Resolution No. 06-270 Page 8 of 8 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. On September 7, 2006, before me, KATHRYN L. SCOTT, Assistant City Clerk of the City of Rancho Cucamonga, personally appeared WILLIAM J. ALEXANDER and DEBRA J. ADAMS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. KATHRYN L. SCOTT Assistant City Clerk City of Rancho Cucamonga