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Home My WebLink AboutCT 90-07; St. Tropez West; 1991-0577942; Payment of Fees for Undergrounding Utilities\ 1961 ‘ RECORDING-,&QUESTED BY AND ) 'OC II 1991-0577942 WHEN RECORDED MAIL TO: 1 OY-HBU-1991 02=44 P CITY OF CARLSBAD DFFICIFtL RECORDS 1200 Elm Avenue 1 SBN DIEGO COUNTY RECORDER’S OFFICE Carlsbad, California 92008 ) EINNETTE EVANS, COUNTY RECORDER RF: 9. DO FEES: 23. co Space above this corder's use Parcel No. 203-234-01 and 02 49 AGREEMENT TO PAY FEES FOR UNDERGROUNDING EXI,STI@& ~~~~ UTILITIES I THIS A~~~~~~T is entered into this m -tzL day of _ Q&dx?f- +I 19% by mid lmtween St . Tropez West a General Partnership, hereinafter referred to as '*Developer" whose address is 2910 Jefferson Street #202 Carlsbad, CA 92008 and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City*@ whose address is ,( 1200 Elm Avenue, Carlsbad, California, 92008, WITNESSETH: WHEREAS, Developer is the owner of the, real' property described on Exhibit "A" attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of the City; and WHEREAS, Developer ptiposeS a development project as follows: a six (6) unit condominium project on said Property, which Development carries the proposed name of St. Tropez West and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 1st day of March, 1990, with the City as a request for the six (6) unit condominium project hereinafter referred to as l'Reguest.'l NOW, THEREFORE, in consideration of the recitals and the AGREEMENTS/AC-l 2 REV 5/21/90 P7-40r--3 1962. - covenants'contained herein, the parties agree as follows: 1. That the foregoing recitals are true and correct. 2. The Developer shall pay to the City a fee for undergrounding existing overhead utilities along the boundary of his property as required by a condition of approval of his requests. This undergrounding fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 and 21 of the CarLsbad Murxicipal Code. 3. Payment shall be due 30 days from the date the undergrounding fee is etitab8ished or prior to the final map approval, which ever occurs last. 4. Developer hereby waives his right to challenge said undergrounding fees. Developer further waives any rights to pay the undergrounding fees referred to herein under protest. 5. City agrees to deposit the undergrounding fees paid pursuant ta his agreement in a undergrounding fund for the financing of undergrounding utilities in the City of Carlsbad when the City Council determines the need exists to provide the undergroun&ing and sufficient funds from the payment of this and similar fees are available. 6. Subject to Paragraph 3, the City agrees to issue building and other development permits pursuant to the provisions of the Carlsbad Municipal Code Title 18, 20 and 21 to the extent such permit comply with applicable provisions of law. 7. In the event that the payment required by this agreement is not made when due, the City may pursue any remedy, legal or equitable (including those specifically referred to herein), against the Developer and the Developer's successors, heirs, assigns and transferees. Without waiving II AGREEWENTS/AG-1 3 REV 5/21/90 1463 its rights under the section, City, up011 request of Developer, may allow additional time to pay the undergrounding fee. 8. In addition to the other remedies available to the City, it is hereby agreed that if Developer does not pay the undergrounding fees specified by this agreement the City may revoke the building permit for the project or may deny or revoke a Certificate of Occupancy for the project or both upon 15 days written notice to Developer of the revocation or denial. 9. Any notice frum one party to th@ other shall be in writing, and shall be dated and signed by the party giving such not&e or by a duly authorized representative of such part. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following moaners: 9.1 If notice is given to the City by personal delivery thereof to the City or by depositing same in the Unit&l States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed ito tha City for attention of the City Manager, postage prepared and certified. 9.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed'in a sealed enveloper, addressed to Developer at the address as indicated in this agreement or at another place as designated to the City by the Developer in writing, postage prepaid and certified. 10. The City shall not, nor shall any officer, employee of the City, be liable or responsible for any loss or damage happening or occurring to Developer's building for the exercise of any of the remedies provided to the City pursuant to this agreement, regardless of the nature of the loss or AGREEMENTS/AC-l 4 REV 5/21/90 ,- damage. 1964 - 11. This agreement and the covenants contained herein shall be binding upon and enure to the benefit of the successors, heirs, assigns and transferees of Developer and shall run with the real property and create an equitable servitude upon the real property. 12. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of th9s agreement have been satisfied and appropriate fees paid to recorded a release, City shall recorded the: release. 13. The prevailing party in any dispute Utween the parties shall have the right to recover from ‘khe non- prevailing party all costs and attorney's fees expended in the course of such dispute. 14. Except as otherwise provfded heroin, aZ'r" notices required or provided for under this agreement shall be in writing and shall be delivered in person or served by certified mail postage prepaid. Delivery of notice to Developer shall be presumed to have been made on the date of mailing regardless of receipt by Developer. Notices required /// /// /// I// /// /// /// /// AGREMENTWAG-1 5 REV 5/21/m . 1 . 1 I , . * - 196%. to be given to Developer shall be addressed as follows: St. Tropez West P.O. Box 142 Carlsbad, CA 92018 Executed by Subdivider this 19 g1 . 30th day of August I SUBDIVIDER St. Tropez West, A General CITY OF CARLSBAD a municipal corporation of the State of California Charles F. Rowe (print name here) ATTESTr J, N. Vigil (print name here) General pttudaa City Clerk (title and organizatfon of signatory) (Proper notarial acknowledgement of execution by SUBDIVIDER must be attached) (President or vice-president azbd secretary or assistant secretary must sign for corporations. signs, If only one officer the corporatian must attach a resolution certified by the secretary or assiWant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By: Deputy City Attorney AGREEHEHTS/AG-1 6 REV 5/21/W State of CALIFQRNIA 1966 County of SAN DIEGC On 8-30-1991 before me, Gisela IQ-a ------------- DATE NAME, TITLE OF OFFICER - E.G., ‘JANE DOE, NOTARY PUBLIC personally appeared Charles F. Rowe and J. M. Vigil ----I NAME(S) OF SIGNER(S) CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL(S) 0 CORPORATE OFFICER(S) , TITLE(S) [XI PARTNER(S) , f-J ATTORNEY-IN-FACT q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence 0 TRUSTEE(S) to be the person(s) whose name(s) &fare q SUBSCRIBING WITNESS subscribed to the within instrument and ac- 0 GUARDIAN/CONSERVATOR I****************+****+************** knowledged to me that h&hMhey executed 0 OTHER: i ;ei. .~~ li’ ,, ’ c g the same in h-/their authorized t * “‘p1,f, k 1 c ;~-J;;y;r’;;;, i capacity(ies), and that by h#ber/their it 5;, i.:.,, .: ‘jZ:T,:/7V P”;“ J’ --G.-!~ SPNiA i\lL?iC!l:y B,j’:iJ C!iED IN i signature(s) on the instrument the person(s), s .‘,,,5 SAN D!ESI: :,!j’.jl+Ty ; or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING: t: 6’ Commtssion Expires J~iy 23, 1993 f acted, executed the instrument. NAME OF PERSON(S) OR ENTITY(IES) l **********************************; Witness my hand and official seal. St. Tropez West, a & a%-twY General Partnership SIGNATURE OF NOTARY A’ITENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document AF eerwnt to pay for Underground Utilities MUST BE ATTACHED TO THE DOCUMENT Number of Pages 6 Date of Document 8-30-1991 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above City Attorney, Manager & Clerk 0 1991 NATIONAL NOTARY ASSOCIATION - 6236 Remmet Ave. - P.O. Box 7164 - Canoga Park, CA 91304-71 ? EXHIBIT "A" LEGAL DESCRIPTION 1967 LOT 1 OF BLOCK "B" OF THE HAYS LAND COMPANY ADDITION, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1221, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 4, 1909. AGREEHENTS/AG-1 7 REV 5/21/90