AGREEMENT TO DEFER IMPROVEMENTS Page 1 of 3
253 Pacific Rd
Manteca, CA 95337
RECORDING REQUESTED BY:
City of Manteca
AFTER RECORDING RETURN TO:
City of Manteca
Engineering Department
1001 W. Center Street
Manteca, CA 95337
This instrument is being recorded for the benefit of the City of Manteca and is exempt from Recording Fees (Govt. Code § 27383) and Filing Fees (Govt. Code § 6103).
(SPACE ABOVE THIS LINE FOR RECORDER’S USE)
APN No.: 222-400-02
AGREEMENT TO DEFER IMPROVEMENTS
253 Pacific Road, Manteca, CA 95336
THIS AGREEMENT, entered into in the City of Manteca, County of San Joaquin, State of California, in duplicate, this ________ day of __________________, 2022, by and between CITY OF MANTECA, a Municipal Corporation, hereinafter called “City” and Rigoberto Gutierrez hereinafter called “Owner”.
WHEREAS, Owner is owner of real property in the City of Manteca, County of San Joaquin, State of California, described in Exhibit “A” (Description of Property) attached hereto and incorporated herein, and
WHEREAS, Owner, by application for a building permit, has received conditional approval from the City for construction on said real property, and WHEREAS, the City Engineer requests that said street improvements, being 40’ of curb, gutter, sidewalk, streetlights, and pave-out along the Pacific Road frontage, be deferred until such time the City, in its sole discretion, elects have said street improvements constructed, and WHEREAS, Owner, prior to issuance of a building permit, shall execute and file this agreement with the City relating to said street improvements along the frontage of said real property, and
WHEREAS, this agreement is prepared and executed in compliance with the provisions of said Municipal Code.
NOW, THEREFORE, IT IS AGREED between City and Owner as follows:
1. The infrastructure relocation shall be deferred until such time the City in its sole discretion, elects to construct said street improvements.
2. Owner hereby grants to City a lien on the above described property in a fixed amount of $30,000 being the estimated cost of design and installation of said street improvements 40’ of ATTACHMENT 2
AGREEMENT TO DEFER IMPROVEMENTS Page 2 of 3
253 Pacific Rd
Manteca, CA 95337
curb, gutter, sidewalk, streetlights, and pave-out along the Pacific Road frontage, based on an Engineer’s Estimate.
3. When City elects to construct said street improvements the cost of installation shall be determined based on a bid opening by the City Clerk. The Engineer’s Estimate shall be updated to reflect the actual unit costs and actual quantities installed along the Pacific Road frontage of said real property, including the prorated cost of engineering. Said updated cost shall be due and payable by Owner upon receipt of invoice from City.
HEIRS, ETC.:
This agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF the parties hereto have set their hands the day and year first above written.
SIGNATURES ON FOLLOWING PAGE
ATTACHMENT 2
AGREEMENT TO DEFER IMPROVEMENTS Page 3 of 3
253 Pacific Rd
Manteca, CA 95337
OWNER: CITY OF MANTECA
a Municipal Corporation
Rigoberto Gutierrez Benjamin J. Cantu, Mayor
(Notary Attachment Required)
ATTEST:
Lisa Blackmon, City Clerk
APPROVED AS TO FORM:
City Attorney
ATTACHMENT 2
Cassandra Candini-Tilton, City Clerk David Nefouse, City Attorney Exhibit "A"
Exhibit "A"