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Home My WebLink AboutMS 775; Jones Building/Grimm, Ray & Daran; 1991-0530657; Payment of Fees for Undergrounding Utilities. . RECORDING-EQUESTED BY AND 1496 ;-: 1 ~~~~~~~~~~~~ WHEN RECO,.>ED MAIL TO: 1 's,i$--l>> il :y+qq jyTz;&' j3fl ,Jr- 1 CITY OF CARLSBAD i yy-'Tl>i r.;y'T'pc 1200 Carlsbad Viilage Drive ) ,r;. ri :.r& I~,Li..diildL' -,4;. '-\ Tr,-;:' Tn. ,<Ji'j ;-r:7ppt c qy't .:,~,2.~.+uL3. .-a u : i.di Carlsbad, California 92008 ) ,$;;: viL;d.i k-,:J:j;: : $a& L. .. TITTC IL L:,r,r;;:. ;-.:;:-y : c= j,$:;.-. T"i I;i'i- j;:yf$;@;, f-St-. l-t .?. ,-L ,-z.ro I 3Ts cc k Space above this &ne fog&ecorderls use 44 iLli \i'L. Parcel No. ":‘b 7F . ' AGREEMENT TO PAY FEES FOR UNDERGROUNDING EXISTING OVERHEAD UTILITIES THIS AGREEMEN%! is @'k&&red into this ‘?-ct; day of _ " I 19x by and between Jones Buil$ing, Ray W., Grimm and Daran I. Grimm hereinafter referred to as "Developer" whose address is 4470 and 4480 Adams Street Carlsbad CA 92008, CA 92108 and THE CITY OF CARL&BAD, a municipal corporation of the &tat@ of California, hereinafter referred to as @'CityI whose address is 1200 Carlsbad Village Drive, Carlsbad, Cal$$?ornia; 92008. WITNESSETH: WHEREAS, Developer is the owner of the real' property described on Exhibit r1A11 attached hereto and n&de a part of this agreement, hereinafter referred to as Vroperty@I; and WHEREAS, the Property lies within the boundaries of the City; and WHEREAS, Developer '$x@kk&s a' development project as follows: two lot split on said Property, which Development carries the proposed name of MS 775 and is hereinafter referred to as flDevelopmentVf; and WHEREAS, Developer filed on the 26 day of May, 1988, with the City as a request for a Tentative Parcel Map hereinafter referred to as g'Request.11 NOW, THEREFORE, in consideration of the recitals and the AGREEMENTWAG- 1 REV 5/21/90 h 14? NOW, U-IEREFORE, in consideration od 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 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 22 of the Carl&%d Municipal Code. 3. Payment shall be due SO days from the date the undergrounding fee is established or prior to the final map approval, which ever occurs last. -4. Developer hereby waives his right itro chaJlietnge said unde9groundfng fees. Developer further waives any rfghts to pay the undergrounding fees referred to herein: underprotest. 5. City agrees to deposit the undergrounding #&es paid pursuant to his agr%ement in a undergrounding fund for the financfng of undergrounding utilities in the City of Carlsbad when the Chty 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 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 I AGREMEWTS/AG-1 2 NEV 5RlmJ /4 1498- 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 specified by this agreement the City may revoke the building permit for the project or may deny or revoke a Certificate of Occupancy far the project or both upon 15 days written notice ta Developer of the revocation or denial. ,,' '( ,, 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 representative of such part. aYry such notice shall not be effective for a&purpose what;sslver unless served in one of the following mztnners: 9.i Xlf notsrfoe is given to the City by parsonal'delivery thereof to the City or by depositing same in the United States Mail, addrtsssed 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 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 AGREEMENTS/M;-1 3 REV5mm n ‘51499 - 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 the real property and create an equitable servitude upon the real property. 12. This agmsaknt dhall be recorded but shall not create a lien or security ikerest in the Property. When the obligations of this agr&ment have been satisfied and appropriate fees paid to recorded a release, City shall recorded the release. 13. The prevailing party in any dispute between the par&s shall have the right to recover from the non- prevailing party all costs and attorney's fees expen&&d in the courkof &uch d&spute. 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 rkxfptby Developer. Notices required /// /// /// /I/ /// /// /// /// AGREEMENTWAG- NEV 5/21/90 ’ , , c . r? 1501 - to be giveIf to Developer shall be addr&;sed as follows: Jones Building Inc, Ray W. Grimm, Jr. and Daran W. Grimm P.O. Box 2740 Carlsbad, CA 92008 Executed by Subdivider this 19 91 . a- day of h I SUBDIVIDER CITY OF CARLSBAD a municipal corporation Jones Building, Inc., Ray W. of the State of California President & Secretary, ATTEST: . (I City Clerk :a ..*- Daran ,W, Grim@ (print name here) (title and organizati~~'of,~~~toeyf (Proper notarial acknowledgement of execution by SUBDIVIDER must be attached) (President or vice-president and secretary or assistant secretary must sign 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. City Attorney By: pi lkd-&+ 4 Deputy City xttorney AGREOEYTS/AG-1 5 REV 5/21/w , 1500 - EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 15 IN BLOCK "E" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP NO. 2151, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 7, 1929, WHICH COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 7, 1929, WHICH LIES SOUTHERLY OF A LINE THAT BEARS NORTH 86"07' WEST FROM A POINT ON THE EASTERLY LINE OF SAID LOT 15 THAT IS DISTANT THEREALONG SOUTH 3"55' WEST 27.14 FEET FROM THE NORTHWESTERLY CORNER OF LOT 16 IN SAID BLOCK "E" OF BELLA VISTA. AGREEMENTS/M;-1 6 REv5Rl/90 -_ 1502 State of California County of San Diego On this 25th day of September, 1991, before me personally cz~; Thomas E. Jones, to me known, who, being by me duly sworn, depose and say that he resides at 1810 Oak Avenue, Carlsbad, California 92008, that he is the President and Secretary of Jones . Building, Inc., instrument; the corporation which executed the foreg;;;: that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it is so affixed by order of the Board of Dire;;or;heof the said corporation, and that he signed his name said instrument by like order. . 9-a0-93 Commission Expires the undersigned Notary Public, personally appeared 2?Li&&, K personally known to me q proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. and official seal. NAXkXALlld6TARY ASSCCiATB4. LX236 Rennet Ave . P.0. Box 7164. Canoga Park CA 91304.7184 ATTENTION NOTARY: Although the information requested below is OPTI THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Abov - appeared - OFFlCIAL SEAL PAMELA BLAIR NOTARY PUBLIC 7 &%LiFORNlA ORANGE COUNTY My camm. expires SEP 20, 1993 P 6 ersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. , Now ignature ATTENTION NOTARY: Although the information requested below is OPTION THIS CERTIRCATE Title or Type of Document ~--1- -~. .-. . 4 - MUST BE Al%CHED TO THE DOCUMENT DESCRtBED AT RIGHT: Number of Pages Date of Docllment t Signer(s) Other Than Named Abe w e meet Ave ~P.O.l3ox7184~CancgaWrk. CA 9133471f?4