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Home My WebLink AboutCT 90-01; Yazdi/Yasha/Rosenthal/Mossazadeh; 1992-0551623; Payment of Fees for Undergrounding UtilitiesF 292 4DE RECORDING REQUESTED BY AND ) ,.L-ALKi-1992 a I=01 &Pi WHEN RECORDED MAIL TO: 1 c;kJ afflk i OFF im RECORDS CITY OF CARLSBAD SAN I)IEGO C%iNTY KECORDER'S OFflCE 1200 Carlsbad Village Drive ) MNEiiE EUFIKL COilfjTY RECiXDER Carlsbad, California 92008 h S*#O FEES: 20. ot I 2 ;;; li.00 Ml-. i AA Space above this 'Iine for"#ecorder's use Parcel No. 204-150-34 AGREEMENT TO PAY FEES FOR UNDERGROUNDING CT es THIS T is entered into this 9 $ day of __ d+id-, 19'c/& by an& ,bakwe(en lraj Yazdk, a single man; Daryoush Yalta, & single man; Bernard Rosenthal and Irene M. Rosenthal, husband and wife; Mehdi Mossazadeh and Shahnaz Mossazl?rdeh, husband and wife, all as tenants Sk common, ,,.' her~~na~~er"referred to as aDeveloper whose addre@# is 7937 Camino Kiosco, San Diego, CA 92122 and THE CITY CF '?!ARLsBAD, a mmfcrlpal carporation of the State of California, hereinafter referred to as ItCity* whose address is 1200 Carlsbad ViZh%&a Drive, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is ths owner of the real property described as thenamerly 188,50 ft. of Lot 23, Block P, Palisades, in the City of C;?lrl&ad, County of San Diego, State of California, according to Map 1747 filed in the office of County Recorder of San Diego County, hereinafter referred to as "Property@'; and WHEREAS, the Property lies within the boundaries of the City; and WHEREAS, Developer proposes a development project as I follows: six unit residential condominium on said Property, which AGREUQNTWAG-1 1 REV 5/21/90 /4 293 - Development carries the proposed name of Chestnut Green Townhomes, CT 90-01, PE 2.91.25, SDP 90-02, PUD 90-01 and is hereinafter referred to as llDevelopmentll; and WHEREAS, Developer filed on the 23rd day of January, 1990, with the City as a request for a tentative map hereinafter referred to as llReguest.lV NOW, THEREFORE, in consideration of the recitals and the covenants contaU@d b&%ifi, the partfEas agree as follows: 1. That the foregofng recitals are true and correct. 2. The DeveXtoper @hall pay to the Cf'ty a fee for undergrounding,exfsting overhead utilities along the boundary of his property as required by a condition of approval of his regueats, %%is dndergraurrding fee shall be in addSt$on to any fees, dedichtions or improvements required pursuanti Titles 18, 30 and 21 of the Carlsbad Municipal Code, ‘3; P&ymeRt shall be due 30 days from the date the undergrounding fee Ls established or prior to the final map approval, whfch -ever occurs last. 4. :. Developer hereby waives hfs right ta challenge said undergrounding fees; Developer further waives any rights to pay the undergro%ndSng'fses 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 undergrounding utilities in the City of Carlsbad when the City Council determines the need exists to provide the undergrounding 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 AGREEHENTWAG-1 2 REV 5/21/90 m 294 - 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 its rights under tie sect&an; city, upon request of Developer, may allow additib%al t&e tc pay the undergrounding fee. 8. Zn addition to t&e &the-r remedies available to the City, ik is hereby agreed'khat if Developer does not pay the undergroundfng'fees specified by this agreement the City may revoke the buildbng permit for the project or mhy deny or revok%% aCertificate of Occupancy for the project or both upon 15 $ays wr2tten notice to Developer of the revocation or deni&kl 9, Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice Or by'a duly authorized rrrpresentative of such part. Any such notice &a%1 not be effective for any purpose whatsoever unles~s &erv&d 4.n on& of the following manners: 9.1 If notice is given ta 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 envelope, addressed to the 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 I AGREEMENTS/AS-l 3 REV 5/21/9fJ F 295 - another pldce 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, regardUse of the nature of the loss or 0) damage. ,, " ; 11. Thi~~~&@reemW& anidt the covenants contained herein shall be bindktig upon and enure to the benefit of the successors, heirs, assigns 'artd transferees of Developer and shall run with the real property and create an equitable servJ,ihde 'xtpan the real proghrty. X.2. This agreement shall be recorded but &all not create a J.Pen or security interest in the Proper&y; “When the obligations 'of 'this agreement have been sssatfs'kied and appropriate fees paid to recorded a release, City shall recordti tha r6keastfs. 13. The pre&#ilinq party in any dispute between the parties shall have the right to recover from the non- prevailing party'&,1 costs and 'atkomey'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 mailing regardless of receipt by Developer. Notices required to be given to Developer shall be addressed as follows: AGREBENTWAG-1 4 REV 5/21/W c a . . . . APPROVED AS TO FORM: I-, Iraj Yazdi 296 - 7937 Camino Kiosco San Diego, CA 92122 Executed by Subdivider this day of -7 [o I 1992. DEVELOPER: Iraj Yazdi, a single man; Daryoush Yasha, a single man; Bernard Rosenthal & Irene..& Rosenthal, husband ~~'~~~~~ Mehdi Mossazadeh and Bhr-iilafia% Mossazadeh, husband and wife, all as tenanta in c CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: (Proper notarial acknowledgement of execution by SUBDIVIDER must be attached) (President or wice'~prbsi&ent and semetary or assistant secretary must sign for ~corporatione. 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.) VINCENT F. BIONDO, JR. City Attorney g &- , By: Deputy City Attorney AGREDENTS/AG-1 5 REV 5/21/90 UL-I21 Individual Acknowledgment STATE OF CALIFORNIA COUNTY OF $#A/ D/t%? - SS. 2 9 7 AuGc/si /c’ , ,ge, before me, the undersigned, a Notary Public in and for said County z\ State, personally appeared &$&u!/f y”/# Jjff&/q/fLAZ /ymwHm, hew,, M-lcAzAnvf personally known to me (Lo be the Person s whose name 5 A46 subscribed to the within instrument and acknowledged that F executed the same. Notary Seal WITNESS my hand and official seal. ’ GENERAL ACKNOWLEDGMENT No. 201 the undersigned Notary Public, personally appeared \ OFFICIAL NOTAHY SEAL M EDWINA SIPIN Notary Public -- Calttcfnl;l SAN OIEGO COUNTY 0 personally known to me .eed to me on the basis of satisfactory evidence to be the person@whose name - j 3 - subscribed to the within instrument, and acknowledged that ac - executed it. Notary’s S&at@ AlTENTlON NOTARY: Although the information requested THIS CERTIFICATE Title or Type of Document MUST BE Al-LACHED TO THE DOCUMENT Number of Pages DESCRIBED AT RIGHT: Signer(s) Other Than Named Above “s w +-Q&p-., 7lm 122 NATIONAL NOTARY ASCCIATKN .6Z3 Pemmet Ave.. P.0. 80x 7194. Canoga park, CA 913Wi