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Home My WebLink About1989-028 18 19 20 21 22 23 24 25 26 27 28 I. 1 2 RESOLUTION NO. 89-28 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FIRST AMENDMENT TO AGREEMENT (PARCEL MAP 4 IMPROVEMENTS) TO ACCEPT DEED OF TRUST AS SECURITY FOR OFF-SITE IMPROVEMENTS BETWEEN EDITH A. SMART AND THE CITY OF SAN 5 BERNARDINO. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor is hereby authorized and directed to 9 execute on behalf of said City, a First Amendment to Agreement 10 (Parcel Map Improvements) to Accept Deed of Trust as Security for 11 Off-Site Improvements between Edith A. Smart and the City of San 12 Bernardino, a copy of which is attached hereto marked Exhibit "A" 13 and incorporated herein by reference as fully as though set forth 14 at length. 15 I HEREBY CERTIFY that the foregoing resolution was duly 16 adopted by the Mayor and Common Council of the City of San 17 Bernardino, at a meeting held on t~"le 17th day regular of _January , 19 ~, by the following vote, to \'li t : AYES: Council Members Estrada. Reillv. Flore~. Minor. Pone-Ludlam NAYS: Council Member Maudsley ABSENT: Council Membe~ Miller ~dt!I~/ City" Clerk / / / / / / / / / / / / JFW:ss January 12, 1989 1 FIRST AMENDMENT TO AGREEMENT (Parcel Map Improvements) City of San Bernardino (CITY) and Edith A. Smart (SUBDIVIDER) hereby agree to the following amendment of that Agreement between City and Subdivider first executed on January 9, 1986 (AGREEMENT). 1. Section 10 of Agreement is hereby amended to read as follows: "10: Contract Security Subdivider shall furnish to City improvement security as follows: a. A lien on the real property hereby divided secured by a trust deed on such real property described as: Parcel 1 and 2 of Parcel Map No. 6754, as per map recorded in Book 103, page 88, of Parcel Maps, in the office of the County recorder of San Bernardino County, California. b. It is hereby agreed that a lien shall exist against the property divided pursuant to this Parcel Map in favor of City in the following amount: 1. An amount equal to at least one hundred percent of the total estimated cost of the improvements and acts to be performed as security for the faithful performance of this agreement; and, 2. An amount equal to at least fifty percent of the total estimated cost of the JFW:ss December 14, 1988 1 ~ improvements and acts to be performed as security for the payment of all persons performing labor and furnishing materials in connection with this agreement; and, 3. An amount equal to at least twenty-five percent of the total estimated cost of the improvements and acts to be performed as security for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees incurred by City in successfully enforcing the obligation secured. This agreement shall constitute a lien upon the real property to be divided as provided by Government Code Section 66499(a)(4), save that this lien shall be accorded the priority based on the filing of the trust deed. Said lien is in the total maximum amount of $14,350.00. Said lien is secured by a JFW:ss December 14, 1988 2 .t deed of trust, a copy of which is attached hereto marked Exhibi t "A" and incorporated herein by this reference, as though fully set out at this point. With respect to said lien and deed of trust, subdivider hereby waives, to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Agreement." 2. If sui t is insti tuted to recover on this securi ty, subdivider agrees to pay all costs of such collection, including but not limited to reasonable attorneys' fees and court costs. 3. All other provisions of the Agreement referred to herein shall remain as originally set out at the date of its first execution. DATED: December 14, 1988 BY: City A'rl'EST: ~/22/~~ -ruE& , Ci ty Clerk ~~~ };:ffITH A. SM R , sub ivider Approved as to form and legal content: ~ Attorney BY. :-A ',f / \...../ JFW:ss December 14, 1988 3 Order No. Escrow No. LOlln No. WHEN RECORDED MAtL TO: City Attorney Ci ty of San Bernardino 300 North "0" Street San Bernardino, CA 92418 JOHN F. WILSON Sr. Deputy City Attorney SPACE ABOVE THIS L.INE FOI'I I'IECO"OEI'I'S USE This DEED OF TRUST, made DEED OF TRUST WITH ASSIGNMENT OF RENTS (SHORT FORMI December !3, 1988 , between EDITH A. SMART, a widow herein called TRUSTOR, whose address is 6395 Olive Avenue, San Bernardino, CA 92407 (Number and Slreel) (City) (Slate) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and CITY OF SAN BERNARDINO WIT~ESSETH; That Trustor grants ~o Trustee in Trust, with Power of Sale, that property in the C~ ty of San Bernard~no County of San Bernard1no ,State of California, described as: , herein called BENEFICIARY, Parcel 1 and 2 of Parcel Map No. 6754, as per map recorded in Book 103, page 88, of Parcel Maps, in the office of the County Recorder of said County. Together with the rents. issue. .nd profih thereof, subject, however, to the right, powe, and .uthority he,einafter given to Mtd canfwtred upon Ie".flciary to tollea and apply such rent., issues and profits. ** /,1,2e Purpose of Securing (1) povmenl of the sum of $ 14,350.00 wilh interest thet_ occording 10 the..... of '~H1'itj l- I s of eyen dot. h.r.with mad. bv Truslor, p.vobl. to ord.r of Ben.nci.ry. and exl.nsions or r.newal. thet.of, and (21- the perfOrmo..... .och ogr..m.nl of Truslor incorporated bv r.f.r.nc. or contain.d h.r.in (3) P.ym.nl of addi'ion.1 sum. .nd i_I thereoft which ....., herHftw be loaned to Trustor, or "'i. successor. or ...ign., when evidenced by a promissory not. or nOres reciting th.t th.y If. MCUred by this DMd of Tf'VIt. To prol.ct Ih. s.curity of thi. Deed of Trust, and wilh r.spect to th. property obov. describ.d. Tru..... uprealy m.kes eech end all of the agreements, and .dopts and .gr..s to perform .nd be bound by ..ell and all of the t.rms and prOYisions s.1 forlh in subdi..i.ion A, .nd it i. _....,Iy agreed that ..ch and all of the t.rms .nd provisi_ ..I forth in subdiYisiDn 8 of the nelitiou. deed of Iru.1 recorded in Orange County Augus. 17, I~, end in all oth., eounli.s August 18, 19604, in the book .nd at lhe p.g. of Official R.cords in the office of the counlV r.corder of the county wMr. ..id property i. localed. nOled below opposite the n_ of .uch county. n.melv: COUNTY IOOlC 'II" COUNTY lOOK 'A" COUNTY IOOlC ,110I COUNTY IOOlC 'II" AI...... 12" 556 K..... 151 713 ,,- 102. m SlwN 31 117 Alpi... 3 1 :lG41 Lab 437 110 "- 166 1_ SiIkly.. 506 762 A..... lU 431 ~ 191 367 Itive.... 3771 347 S"_ 1287 621 1- 1330 513 Lee ""..... T-3I" 874 5...._ sm 124 S_ 2067 427 C.l....,.. 185 331 MMe.. 911 136 Sa. .... 300 40S ,........ 1970 56 CoIu.. 323 391 M.r1. 114' 122 5... ....oNin. 6213 7. S_ US "5 Contra Cost. 46M 1 MOIip... 90 453 5... Fr...cisc. A'" 5M Teh_ 457 113 Del N.". 101 54' MeMocine "7 99 S.. J........ 2855 213 T riIllty 101 "5 EI D...... 704 635 MercetI 1660 753 5... Luis OlIisp. 1311 131 TUM 2530 101 Fr..... 5052 623 Mud" 191 93 5... MaNu 477. 175 Tu"_ 177 160 GI.ftIl 46' 76 Mon. 69 3,)2 S.nt. ......... 2065 III V_a 2607 237 Hu",lool", 101 13 Mon"',.y 357 239 S...t. CIOI. "26 .... Y." 769 " ,,,,perial 1189 701 Nap. 704 742 S...t. Crus IW 607 Yuloa 391 693 'ny. 165 672 Nev.... 363 '4 Sh..t. 100 W K.", 3756 690 0,..... 7112 11 5... D.... SEItIIS 5 ..... 1964, 'owe 149774 shall inure to and bind the parties "'ere to, with respect to the property above described. Said agreements, terms and provisions c:ontained in said subdivision A and 8, (identical in all counries, Jnd printed on the reverse side ;,~reof) are by the within reference thereto, incorporated herein and made !I part of this De"!-o of Trusf for all purposes as fully as if 'iet forth at length herein. dnd. geneficiary may charge for a statement regarding the obligation secured hereby, prOVIDed 'he;,*",g~th~efor ~~~~~Xteed 'i."tlt";.uh~"oci ~y '~w r S n Ber a rHno ror. off-si e . rnO~o~~i~nE~qpel The un~",gne~stor, reque.t. t~1 a copy or.ny notICe d( de?~. anPony notICe I;\ ..fe 'hereund.rbe mooled to him at ~iS od.r.esl?ti.re,nbeme se;'o,(h ~J;J~~Fo~A~~IOO On December 19, 1988 I Iss. I /L2;P ?fl:/ EDITrI A. SMAR before me, the underSigned. 3 Notary PubliC In ana for saId State, per- sonallv appeared EDITH A~ SMART ~~proYed to me on the basi. of sati.factory evidence) to be the person(s) whose name(s) j~" subscribed to the with.n Instrument and acknowledged to me thatJ,lt.he,i.IY executed the same. W"''''{J;;;;EE Sognature e.~ I_j c. ~ ....'.!r:'LiC - ~,~'I...,.' :,'.~ o;;::-'~~~ ; - ,- - - - .......:~.... -.~'I ~,'V",-, ~'.~';-~~ ~.. ." i Thi. area for official notarial '.01 1158 (6/82 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 / The foregoing resolution is hereby approved this /9c/L 3 day of January 4 5 6 7 Approved as to form and l~ .6~ './ ifj/ty A ttor e 8 9 JFW:ss January 12, 1989 '~. . ...", '" .1g ..LJ'~ Evt n WilC~ Mayor/' City of San Bernardino 2