HomeMy WebLinkAboutMS 800; Carlmart; 90-599552; Payment of Fees for Undergrounding Utilities,- - ql 599552 RECORDING .\dQUESTED BY AND ) WHEN RECORDED MAIL TO:
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CITY OF CARLSBAD
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Parcel No. APN 210-090-47 v ,RF a
AGREEMENT TO PAY FEES FOR UNDERGROUNDING Fd?';I_ EXISTING OVERHEAD UTILITIES MC: /
THIS AGREEMENT is entered into this 25th day of _
Sentember 1990 by and between Carlmart, a California limited
partnership, hereinafter referred to as "Developer" whose
address 5600 Avenida Encinas, #lOO, Carlsbad, CA 32009 is and
THE CITY OF CARLSBAD, a municipal corporation of the State of
California, hereinafter referred to as Vityll whose address is
1200 Elm Avenue, Carlsbad, California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property
described on Exhibit *'At1 attached hereto and made a part of
this agreement, hereinafter referred to as "Propertyll; and
WHEREAS, the Property lies within the boundaries of the
City; and
WHEREAS, Developer proposes a development project as
follows: a 2 lot subdivision located on the west side of
Avenida Encinas north of Palomar Airport Road on said
Property, which Development carries the proposed name of
Pacific Floral Trade Centre (MS 800) and is hereinafter
referred to as 'lDevelopmentll; and
WHEREAS, Developer filed on the 28th day of March, 1989,
with the City as a request for a Minor Subdivision Number, MS
800, hereinafter referred to as I'Request."
AGREEMENTS/AC-l 1 REV 5/21/90
NOW, -l.dEREFORE, 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
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
AGREEMENTS/AG-1 2 REV 5/21/90
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
of the City, be liable or responsible for any loss or damage
happening or occurring to Developer's building for the
AGREEMEYTS/AG-1 3 REV 5/21/9ll
P - 121
exercise oA any of the remedies proviaed to the City pursuant
to this agreement, regardless of the nature of the loss or
damage.
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 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 recorded a release, City shall
recorded 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
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AGREEMENTS/AC-1 4 REV 5Rlrn
122 *- -.
mailing reyardless of receipt by Developer. Notices required
to be given to Developer shall be addressed as follows:
5600 Avenida Encinas, #lOO Carlsbad, CA 92009
Executed this 25th day of September , 19 90 .
DEVELOPER: CITY OF CARLSBAD a Carlmart, L.P. municipal corporation of the State of California By: Carltas Development Company General Partner
White, Presydent
By:
City Manager
ATTEST:
ALETHA L. RAGTENXRANZ, City Clerk
(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
Deputy City-Attorney
AGREEIENTWAC-1 5 REV 5/21/90
.Y I f On- S~ptember~~25,~~1990. _ .~ _ _~~, before me, the undersigned, a Notary Public in and for
a, c John C. White r said State, personally appeared- ~~~ ~_ ~~~~~ ~~~ ~~~~~ ~~~~ and
am: Yin Christ0pber.C. Calki~~~----~- , P ersonally known to me (or proved to me on the basis
-E to of satisfactory evidence) to be the persons who executed the within instrument as--- ~~~~~~~. ~~ ~~~~. .~ - co 5s -~JPresident and- .._ -~!--. Secretary, on behalf of-..- a c v)p -f23rltas..Ievelopment Company ~, L” cm .o .: the corporation therein named, and acknowledged to me that said
2” corporation executed the within instrument pursuant to its by-
LF Oa lawsora resolutionof its boardof directorqsaidcorporation being
F- nv, known to me to be one of the partners of- (3; I Carlmart, L.P.
G the partnership that executed the within instrument, and ack-
co nowledged to me that such corporation executed the same as
executed the same.
(This area for official notarial seal)
. ‘ . * , ”
EXHIBIT "A" 124
LEGAL DESCRIPTION
PARCEL 1 OF PARCEL MAP NO. 14009, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 1, 1985.
AGREEHENTS/AG-1 REV S/21/90