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Home My WebLink AboutMS 814; Brandow, Bradley & Gayle; 1992-0801939; Payment of Fees for Undergrounding Utilities' RECORDING-&JESTED BY AND 6p4 A\ WHEN RECORDED MAIL TO: > I Ci't Cferk 2 ) CIT OF CARLSBAD 1 OFFIGIfr! RECORDS 1200 Carlsbad Village Drive ) ‘;AH DIEF;O COUNTY RECORDER’S OFFICE Carlsbad, California 92008 ) FIiJNETTE EUIINS 1 CLWT! RECORDER RF: 7.00 FEES: 23.0 Space above this &Fine fo%aecorder's use !?F: 1.00 Parcel No. 156-142-15 AGREEMENT TO PAY FEES FOR UNDERGROUNDING EXISTWG: ~~~~~~ tfT,$LITIES I$3 814 til THIS ADVENT is entered into this y day of _ Sytih bu , 1992 by and between Bra&l&y S. Branduw and Gayle E. Brandow herainhfter referred to as "Developer" whose address is 28'03 Whlson Street, Carl&ad, CA 92008 and THE CITY OF CARL&BAD, a municipal corporation of the Stats of California, hereinaft& referred to as ItCity" whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92ab@* WITNESSETH; ~~~~AS, Developer is the Owner of the real property described. an Exhibit "A" attached hereto and made a part of this agreement, herkinafter referred to as flproperty"; and WHEREAS, the Property lies within the boundaries of the City; and i )( ;, WHEREAS, Developer pr&poses a development project as follows: subdivision of an existing parcel into two (2) parcels on said Property, which Development carries the proposed name of Minor Subdivision 814 and is hereinafter referred to as llDevelopmentll; and WHEREAS, Developer filed on the 27th day of June, 1989, with the City as a request for tentative parcel map hereinafter referred to as ttRequest.11 II AGREEMENTS/AC-l 1 REV S/21/90 . m 695 q NOW, ,AEREFORE, in consideration o'f the recitals and the covenants contained herein, the parties agree as follows: 1. That the foregoing recitals are true and correct. 2. The Developer shall pay to the City a fee for undergrounding existing overhead utilities along the boundary of his property as required by a condition of approval of his requests. This undergrounding fee shall be in addition to any fees, dedications or ~~~~~v~~~~ts required pursuant to Titles 18, 20 and 25. afthe C&rlsbad Municipal Code?, 3. Payment shall be due 30 days from the date the undergruand$n@ fee is e&$&Pi&ed or prior to the final map approv&l, .which ever occurs last. 4. Developer hereby waives his right to chalfienge said und&groutiding fees. Developer further waives any'rights to pay t;he un&rgrounding fees referred to herein und& protest. 5. City agrees to deposit the undergroundinq'fees paid pursuant to his agreement in a under-grounding fund for the financing af undergrounding utilities in the City of Carlsbad when the City Caun&l determines the need exists to provide the undergrounding and sufficient funds from the payment of this and similar'&@s 'are &vailable. 6. Subject to Paragraph '3, the City agrees to issue building and other development permits pursuant to the provisions of the Carlsbad Municipal Code Title 18, 20 and 21 to the extent such permit comply with applicable provisions of law. 7. In the event that the payment required by this agreement is not made when due, the City may pursue any remedy, legal or equitable (including those specifically referred to herein), against the Developer and the Developer's AGREEMENTS/AG-1 2 REV 5/21/!M e 696 - successors, heirs, assigns and transferees. Without waiving its rights under the section, City, upon request of Developer, may allow additional time to pay the undergrounding fee. 8. In addition to the other remedies available to the City, it is hereby agreed that if Developer does not pay the undergrounding fees specified by this agreement the City may revoke the building permit for the project or may deny or revoke a CertifiCbte'of Qocupancy for the project or both upon 15 days writ%%&nnotice~ to Developer of the revocation or denial. 9. Any notice froth Me party to the other shall be in writing, and shall be dated and signed hy the party giving such notice or by a duly authorized representative of such part, 'Bny &ch notice shall not be effective for a&$ purpose whatsoever unless served in one of the following mlnners: ,9.X If nutioe is given to the City by person&$. delivery thereof to the City or by depositing same in the United States Mail, addriased to the City at the address s&t Perth herein, enclosed in &sealed envelope, addressed to the City for attention oftha: City Manager, postage prepared and certified. 9.2 If notice is given to D@veltoper by personal delivery thereof to Developer or by &positing the same in the United States Mail, enclosed in a sealed enveloper, addressed to Developer at the address as indicated in this agreement or at another place as designated to the City by the Developer in writing, postage prepaid and certified. 10. The City shall not, nor shall any officer, employee of the City, be liable or responsible for any loss or damage happening or occurring to Developer's building for the exercise of any of the remedies provided to the City pursuant AGREEMENTS/AC-l 3 REV 5/21/90 * . m ? to this a$ieement, regardle !Qx f 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 ~~~~~~~~~ ‘&k&l be recorded but shall not create a 1 ien or iseetir~ty Mxzest in the Property. When the obligations of this ~agroement have been satisfied and approprkke 'fees paid to %$corded a release, City shall recorded thus release. '13; The p revailing party in any dispute b&ween the par?%es shall have the right to recover from the non- preva3iling party all costs and attorney's fees 'expe&&d in the course af %zch dispute. 14. R&x@ as otherwise provided herein, all notices required or provided for under this agreement shall be in writing and &hall"be delivered in person cr served by certified mail postage 'peepaid. Delivery of notice to Developer shall be presumed to have been made on the date of /// AGREMENTWAG- 1 REV 5/21/90 II . , ’ to be given to Developer shall be addressed as follows: Bradley S-. Brandow 2803 Wilson Street Carlsbad, CA 92008 9 2% Executed by Developer this day of 4Y@f- /9% 1992. DEVELOPER Bradley S. Brandow & Gavle E. Brandow" (N CITY OF CARLSBAD a municipal corporation of the State of California By: BradlevS. Bran&%z (print, name here) ATTEST': Owner. Gav&J$. ~Brhndow. (print name hero>, (Ztle'and Drganization of signatory) (Proper notarial acknowledgement of execution by DEVELOPER must be attached) (President or vice-presi&znt and secretary or assistant secretary must sign for corporations, If only one officer signs, the corporatian'must attach ii resolution certified by the secretary or assi&tant secretary under corporate seal empowering that officer to bind the corporation.) m 698 - mailing reyardless of receipt by Developer. Notices required _- . APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 9 LbLJU L r Deputy City Attorney II AGREEUEWTS/AG-1 REV 5/21/!Xl 699 San Diego Susan E. Ames _ the undersigned Notary Public, personally ‘appeared Bradley S. Brandow and Gayle E, Branhow personally known to me F 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) L subscribed to the within instrument, and acknowledged that ’ they executed it. %lTNESS my hand and official seal. Notary’s Signature GENERAL ACKNOWLEDGMENT FORM MBC-MISC-504 (2183) * , ’ LEGAL DESCRIPTION 700 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF:.mT 4 OF WILSONIA TRACT, IN THE CITY OF CARLSBAD, COUNTY. OF.SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 13, 1929. BEGINNING AT A POINT ON THE NORTHEAST LINE OF SAID LOT 4, DISTANT THEREON NORTH 34'33' WEST 434.62 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT: THENCE LEAVING SAID NORTHEAST LINE SOUTH 55'27' WEST A DISTANCE OF 260.0 FEET; THENCE SOUTH 34'33' EAST PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT, A DISTANCE OF 83.75 FEET: THENCE NORTH 55'27' EAST 260.00 FEET TO THE NORTHEASTERLY LINE OF SAID LOT: THENCE NORTH 34'33' WEST 83.75 FEET TO THE PLACE OF BEGINNING.