HomeMy WebLinkAboutMS 786; Stadnyk, Sheldon & Patricia; 90-492475; Payment of Fees for Undergrounding Utilities. 1, , -,
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
1 {Ji:l SEP I:! 94 3: 59
CITY OF CARLSBAD 1
1200 Elm Avenue 1
Carlsbad, California 92008 1
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C& of Carlsbad
Parcel No. 206-180-13
AGREEMENT TO PAY FEES FOR UNDERGROUNDING
EXISTING OVERHEAD UTILITIES
THIS AGREEMENT is entered into this 30 day of dhJoW)' , 1990 by and
between Sheldon G. Stadnyk, and Patricia Stadnyk, as individuals, hereinafter referred to
as "Developer" whose address is 4407 HIghland Drive, 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 proposes a development project as follows: a two parcel
subdivsion on said Property, which Development carries the proposed name of Minor
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Subdivsion No. 786 and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 14th day of September 1988, with the City as
a request for Minor Subdivsion 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 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
Municipal Code.
3. Payment shall be due 30 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 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 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
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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 successoIs, 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 for the project or both upon 15 days written notice to 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. Any such notice shall not be effective for any purpose whatsoever unless
served in one of the following manners:
9.1 If notice 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 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 envelope,
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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 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 agreement shall be recorded but shall not create a lien or security
interest in the Property. When the obligations of this agreement have been satisfied and
appropriate fees paid to record a release, City shall record the release.
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 mailing regardless of receipt by
Developer. Notices required to be given to Developer shall be addressed as follows:
4407 Highland Drive
Carlsbad, CA 92008
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IN WITNESS WHEREOF, this agreement is executed in San Diego County,
California as of date first written above.
CITY OF CARLSBAD a municipal
corporation of the State of California
Sheldon G. StadnyGk
m- d2wewA
- for City Manager
(Title)
B
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, CitL Clerk
APPROVED AT TO FORM:
j* &4
VINCENT F. BIONDO, m.
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached)
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GENERAL ACKNOWLEDGMENT ' 219 NO. 201
the undersigned Notary Public, personally appeared
ShELSdfl A; &74DNYX f 3Lw!,4 A. ST%IQNYX ,
dpersonally known to me
0 proved to me on the basis of satisfactory evidence
to be the person@) whose name@) -subscribed to the
within instrument, and acknowledged that T.4p'f executed it.
WITNESS my hand and official seal. 4,!&- Notary's Signa ure
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 9 in Block "C" of Bellavista in the City of Carlsbad, County of San Diego, State of
California, according to the map thereof No. 2152 filed in the office of the County
Recorder of Said County, March 7, 1929.
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