The URL can be used to link to this page

Home My WebLink AboutCT 88-06; Lewis & Elsbree; 1992-0004782; Payment of Fees for Undergrounding UtilitiesParcel No. 155-272-14 & 15 '/ ; AGREEMENT TO PAY FEES FOR UNDERGROUNDING EXISTLNG OlTERHEAD UTILITIES THIS AG 89 iS intered into this /- day of - Tu..UcZ , &a by and 'between Lewis and Elsbree a California General Paknership, hereinafter referred to as *lDeveloper" whose address,is 1697 Hygeia Encinitas CA 92024 and THE CITY OF CARLSBAD, a municipal corporation of the State of Cal%fornia, hereinafter referred to as 8fCity*t whose address is 1200 Elm Avenue, Carlsbad, California, 92008. __. ., . I , ,.. ,,. ,,, ,. WITNESSETH:, %?HEREAS, Devkldper is the owner of the real property described on ,Exhibit IIA" attached hereto and made a part of this agreement, 'hereinafter referred to as llPropertyt*: and ,. WHEREAS, the Prsperty lies within the boundaries of the Develop'er proposes' a development project as City: and WHEREAS, follows: a seven dwel ling planned development of two story duplex cottages on 1.57 acres of said Property, which Development carries the proposed name of Lewis and Elsbree Housing Development and is hereinafter referred to as *lDevelopment*l: and WHEREAS, Developer filed on the 3rd day of October, 1988, with the City a request for a Tentative Map CT 88-6 and a AGREEIIEYTSIAG-1 1 llFy 5R1190 c r 88-6 2112 - Planned Uniied Development PUD 88-7 hereinafter referred to as “Request. NOW, THEREFORE, in consideration of the recitals and the 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 ~re~qUired. by 8, condition of approval of his requests. ThiB uifdergkoiinding fee shall be’ in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 am3 21 of the Carlsbad Municipal Code. ., 3. Payment shall be due 30 days from the date the underbroimding fee is established or prior to the final map approval, which ever occurs last. ‘.4. D&veloper hereby waives his right to challenge said undergroundfng 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 to his agreement in a undergrounding fund for the financing of undergrdding-utilities in the City of Carlsbad when the City Council determines the need exists to provide the undergrounding and sufficienk 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 permits 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 mmxnrsm-I 2 llEy 5R1190 I- 2113 "- remedy, legal or equitable (including those specifically referred to herein), against the Developer and the Developer's successors, heirs, assigns and transferees. Without waiving its rights under the section, City, upon 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 rpecified by this agreement the City may revoke the btiilcling periait for the project or may deny or revoke a Certificate of Occupancy for the project or both upon 15 days wr'ieen notice to Developer of the revocation or denial. 9. Any 'notice from he party to the other shall be in writbg, and shall be dated and signed by the party giving such,'notice 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 manners: 9.1 If riotice is given to the City by personal delivery thereof to the City or by depositing same in the United States Mail, addressed to .the City at the address set forth herein, enclosed in a sealed envalope, addressed to the City for attention of the City Manager, postage prepaid 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 envelope, addressed to the 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 AGREMWTSIAG-1 3 REV 5l21190 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 damage. 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 *Me. real, property end create an equitable servitude ugad the 'real ' property. 12. This agreenient shall be recorded .but shall not create a lien or security interest in the Property. When the obliggtions of this agreement have been satisfied and appropriate fees paid to record a release, City shall record the &lease. '13. The prevailing party in any dispute between the parties shall have the right to recover from the non- prevailing party all costs and attorney's fees expended in the course of such dispute. .. 14. Except as otherwise provided herein, all 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 ,, /// /// /// /// /// /// /// AGREBEYTS/ffi-l REV SI21190 4 2115 - mailing regardless of receipt by Deveioper. Notices required ' to be given to Developer shall be addressed as follows: Robert J. Lewis 1697 Hygeia Encinitas, CA 92024 Executed by Subdivider this /- day of d-wuE -I 19%. SUBDIVIDER CITY OF CARLSBAD a Lewis and Elsbree, -a.'Cilifornia Municipal corporation of the State of California for city Manager (print name here) Gen.eral Partner ,, . ATTEST : (titie. and 6rganization.of Signatory) li?&a%& .pR- ALETHA L. RAUTENKRANZ, I City Clerk Charles El. Elsllree (print name here) General. Partner (title and organization of signatory) (Proper notarial acknowledgement of execution by SUBDIVIDER must be attached) (President or viee-president and secretary or assistant secretary must sigh for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIONDO, JR. By : Deputy City Attorney AGREDEWTS/AG-l 5 W 5/21/90 PARTNERSHIP ACKNOWLEDGMENT NO. 203 eJGL6J mu&%? the undersigned Notary Public, personally appeared %ersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person@) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. Notary'&ignature 7l30 122 NATIONAL NOTARY ASSOCIATION. 23012 Vmturs Blvd. * PO. SOX 4625 Wlmd HIIb. CA 91364 ~ ~ ~~ ~ ~ RPOXE ACKNOWLEDOMENT NO 21 State of County of I .. 1 before me, A Od6 FA /~AJAAJ C, DATE ' NAME, TITLE OF OFFICER - E.G., 'JANE WE. NOTARY PUBLIC' 0 personally known to me - OR -Hproved to me on the basis of satisfactory evidence to be the person(s) whose name@) is/are subscribed to the within instrument and ac- the same in hislherltheir authorized knowledged to me that hdshelthey executed capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), ortheentityuponbehalfofwhichtheperson(s) acted, executed the instrument. Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL(S) 0 CORPORATE OFFICER@) TITLEIS) MPARTNER(S) I' 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 SUBSCRIBING WITNESS 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITVIES) # .- ATTENTION NOTARY: Although the information requested below is OPTIONAL, it muld prevent fraudulent anachmenl of this mnificate to unauthorized document. THIS CERTIFICATE Title or Type of MUST BE ATTACHED ,wmxwtmm,& mvk . TO THE DOCUMENT Number of Pages " - 8. DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Y;sssss 0 1991 NATIONAL NOTARY ASSOCIATION. 8235 Rernmet Aus.. P.O. Box 7184. Canqga Pah. CA 91304-71 21 17 .- LEGAL DESCRIPTION EXHIBIT rrArr PARCEL "A" Lots I through 12, inclusive, in Block 13 of SUNNY SLOPE TRACT, in the City of Carlsbad, County of San Dieqo, State of California, according to Map thereof No. 486, filed in the Office of the County Recorder of San Diego County, February 7, 1888. EXCEPTING THEREFR0M:the Westerly 37.50 feet. PARCEL "B" The Westerly -39.5 feet'of~ Lots I to 12, inclusive, in Block 13 of SUNNY SLOPE TRACT, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 486, filed in the Office of the County Recorder of San Diego County, February 7, 1888.; ALSO, the East.one-half of Davis Street adjoining said lots as closed to public use. MPEMEYTSIAG-1 6 m 5R1190