Attachment D
Land Division Improvement Construction
Agreement
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San Bananana, Larry Raiker, Recorder'
Recording Requested By;
No Fee
The City of Victorville Doc No. 19990444995
When Recorded Please Retum to: 10:58am 10/26/99
City of Victorville
PO Box 5001 205 20239656 02 04
Victorville, CA 92393-5001
GINS PH CPY CAT CPY AOD NH PEN PR
4 P
607
NON ST I CHRG
LAND DIVISION IMPROVEMENT CONSTRUCTION AGREEMENT
day of October _ are the City of Victorville, a
municioal corporation hereinafter called "City" and Michel Dunla Revocable Trust including all assignees, heirs, mortgagees,
RECITAL
WHEREAS, the Victorville Municipal Code requires certain improvements in connection with the development of real property, and
WHEREAS, the City Council requires that property owners, subdividers, and developers shall conform to the Master Plan of Streets and Highways of the City of Victorville; dedicate to the City such land as is necessary for the location o elocation of public utilities and street widths as established in the Master Plan of the City of Victorville; and construct thi following improvements:
1) Construction of curbs, gutters, sidewalks, and asphalt pavement along the street frontages including ramps fo he physically handicapped at all intersection in accordance with the requirements of the City Engineer 2) Installation of drainage facilities along street frontages and in drainage easements in accordance with the requirements of the City Engineer;
3) Provisions for a water system with mains of sufficient size and having a sufficient number of outlets to fumish adequate water supply for each lot in accordance with the standards of the utility serving the area and with sufficient fire hydrants, gated connections and appurtenances to provide adequate fire protection in accordana with the standards of the fire protection district or agency having jurisdiction in the area; 4) Sanitary sewer facilities and connections for each lot to a sewerage system approved by the City Engineer or behalf of the Victorville Sanitary District and to the extent it is feasible as determined by the Planning Commission;
5) An approved type of street lighting system;
6) Installation of street signs as required;
7) The undergrounding of all existing overhead utility lines which meet the criteria within Ord. #1330. This section shall not be applicable to the existing electrical service line adjacent to the Westerly property line; The placing and construction of all public utility lines to each lot underground, including but not limited to, all all gas, electric, communications, street lighting and cable television lines (for residential only) and the relocation of existing utility facilities where required by installation of street improvements; and WHEREAS, the Planning Commission acting in behalf of the City Council, has made the finding that fulfillment of said construction requirements is necessary for reasons of health and safety or is a necessary prerequisite to the orderty develapment of the surrounding area.
Dunia Plaza LOICA.
Rov, 6/27199
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COVENANTS
APPLICANT HEREBY CONVENANTS AS FOLLOWS:
1) To participate in any street improvement or off-site improvement program relating to all improvements listed above for he block, street, or area in which applicant's property is located, or which affects applicant's property at such time as he City Engineer requires applicant to install said improvements. 2) To pay the sum and where applicable receive the sum, which is determined by the City Engineer to be applicant's pro rata share of the cost of the particular street or off-site improvement program, and be subject to the same provisions for payment that apply to all other persons who participate in said improvement program. 3) This agreement shall be binding upon and enforceable against applicant and all assignees, heirs, mortgagees, anc successors in interest, and shall be recorded in the office of the County Recorder. 4) If applicants) or any successor in interest fails to comply with any term of this agreement or acts contrary to any ordinance of the City of Victorville, the City may bring action to enforce this agreement. In the even that the City incurs attomey's fees to enforce the provisions of the agreement, attorney's fees shall be imposed on the applicant.
As used herein, "attorney's fees" shall be deemed to mean the full and actual cost of any legal services actually performed in connection with the enforcement of this agreement, calculated on the basis of the usual fees charged by the attorneys performing such services.
5) That the applicant's real property to which this agreement applies, and which will be included in any improvements program for the black, street, or area, is described as:
Parcels 1 2 3, 4, 5, 6 7 8, 9, 10,
11, 12, 13, 14, 15, 16 of Tenative
Parcel Map
Recorded in Book 788 of Parcel Maps, Pages 35 through 42 inclusive, Records of San Bernardino County. Califomia
6) in consideration of the covenants contained herein applicant, including all successors as described in paragraph (3) hereinabove. further agrees that the applicant is familiar with the requirements of the Municipal Improvement Act of 1911 and 1913, Califomla State Highways Code Sections 10000 et seq. Applicant further agrees to waive and give up each and every of the substantive and procedural requirements of said Municipal Improvement Act of 1911 and 1913 and any successor statutes for the purposes of causing installation of said improvements. Applicant further specifically waives his rights to notice, protest, and hearing as set forth in California Street and Highways Code Sections 10300 et seg. or any successor statutes. This paragraph shall only apply in the event that the applicant falls to perform as required under this agreement.
7) This agreement creates and constitutes a lien against the real property described above for the purposes of securing performance of this agreement.
CITY HEREBY COVENANTS AS FOLLOWS:
1) That upon the completion of the required Improvements determined to be satisfactory by the City Engineer, the City shall cause any existing liens related to said improvements to be released. The City Engineer shall have sole and exclusive discretion to recommend a partial release of liens) in the event that improvements are constructed in phases acceptable to the City Engineer.
unia Plaza LDI
34. 977.
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STATE OF CALIFORNIA
COUNTY OF Los Angeles
Oct 2 Dan Uzan
personally known to me (or proved to me on the trasis of artisfastery evidene) to be the person istma subscribed to the within instrument and acknowledged to me that tearshe/ls executed the same in wiener/umir authorized capacity(ie, and that by hither signature(e) on the instrument the person(el or the entity upon behalf of which the person(g) acted, executed the instrument.
WITNESS my hand and official seal.
Signature Nap
DAN UZAN
Common & VOGN19
Nolary Pub80 - Collord Applicant: Michel Dunla Revocable Trust Los Angeles County
My Comm. Bapten Jan 7.2000
Machel Runat
By:_
Michel Dunia, Jr., Successor Co-Trustee of the
Michel Dunía Revocable Trust dated May 11, 1990
3y: Lexee Kail 1012199
Renee Hawley, Successor Co Trustee of the
Michel Dunia Revocable Trust dated May 11,1990
City of Victorville
By: Temps. Caldwell
Mayor
Carole Stile
City Clerk
Approved as to Form:
City Attorne
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STATE OF CALIFORNIA
ss
COUNTY OF SAN FRANCISCO
On October 6, 1999 before me, M.A. CARROLL, a notary public for the state, personally appeared MICHEL DUNLA, JR. 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 capacity, and that by their her signature on the instrument the persons, or the entity upon behalf of which the persons acted executed the instrumen
MA CARROLL
WITNESS my hand and official seal. Commission #1083450
Notary Pudlic - Callornia
San Francisco County
ut Caroll (SEA My Comm. Expires Jan 18,2000
(Signature)