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Home My WebLink AboutMS 790; Wickham/Lin/Mennen; 1991-0045651; Payment of Fees for Undergrounding Utilities‘A . * F 7 .W> 1 ‘6 I. RECORDING'REQUESTED BY AND ) DZ 8: 1991-0045651 WHEN RECORDED MAIL TO: 11799 31-JAN-1991 0311 Pll CITY OF CARLSBAD 1200 Elm Avenue 1 Carlsbad, California 92008 ) SAN DIEGO COUNTY RECORDER’S W-ICE RFqNNE?TE EU;“;; ~~~N~~~~E~~R~ER : 17.00 AF: 7:oo Space above this ine fo& F= ,&k&order's use : Parcel No. 156-230-63 and 64 AGREEMENT TO PAY FEES FOR UNDERGROUNDING EXISTING OVERHEAD UTILITIES MINOR SUBDIVISION 790 THIS AGREEMENT is entered into this t-$1 day of _ fiLz&L, du. by and between Hshing-Lung Lin, Cheng-Mei Lin, Clyde Edward Flickham and Julie Marie Mennen, husband and wife joint tenants as to parcel B and A of Parcel Map 13572 respectively, hereinafter referred to as "Developer" whose address is 3.319 Knoll Drive, Oceanside, CA 92054 and THE CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "Cityw whose address is 1200 Elm Avenue, Carlsbad, California, 92008. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit ItA'* attached hereto and made a part of this agreement, hereinafter referred to as "Propertyfl; and WHEREAS, the Property lies within the boundaries of the City; and WHEREAS, Developer proposes a development project as follows: Minor Subdivision of two existing parcels into three parcels on said Property, which Development carries the proposed name of Minor Subdivision No. 790 and is hereinafter referred to as "Development"; and II AGREEMENTWAG-1 1 REV S/21/90 $00 WHEREAS, Developer filed on the 17th day of November, 1988, with the City as a request for minor subdivision 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 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 AGREEHENTS/AG-1 2 REV 5R1/90 -1.801 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 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 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 AGREEMENTWAG- 3 REV S/21/90 F-- MO2 of the City, be liable or responsible ror 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. I 11. This agreement and the covenants contained herein I 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 pruperty. 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 recorded a release, City shall recorded th-c3 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 guch 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 /// /// /// /// /// /// /// AGREEIEWTS/AG-1 4 REV S/21/90 l&o 3 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: Hshing-Lung Lin 1319 Knoll Drive Oceanside, CA 92054 Executed this 4th day of January , 1991 . DEVELOPER CITY OF CARLSBAD a municipal corporation of he State of California By: lb-ulxw& MARTIN ORENYA\ for City Manager Husband and Wife as Joint Tenants as to ATTEST: Husband and Wife as Joint Tenants as to Parcel A, PM 13572 (Proper notarial acknowledgement of execution by DEVELOPER 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: / Deputy City II AGRERERTS/AG- 1 5 REV S/21/90 1804 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) "* On this 4th day of January, 1991, before me, Susie Vasquez, Notary Public, personally appeared HSHING-LUNG LIN, CHENG-ME1 LIN, CLYDE EDWARD WICKHAM AND JULIE MARIE MENNEN, proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument, the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. .&.. ’ . *e . , , . 1 P- EXHIBIT "A" - 1805 LEGAL DESCRIPTION PARCEL A AND B OF PARCEL MAP NO. 13572 IN CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FILED ON NOVEMBER 29, 1984. AGREEMENTWAG- REV S/21/90