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Home My WebLink AboutMS 833; Packard, Mark & Garth; 90-626032; Payment of Fees for Undergrounding UtilitiesRECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Space above thi&&ne"for'Recorderls use Parcel No. 205-260-19 AGREEMENT TO PAY FEES FOR UNDERGROUNDING EXISTING OVERHEAD UTILITIES THIS AGREEMENT is entered into this 25& day of _ Sf 1990 by and between Garth Packard and Mark Packard as owners, hereinafter referred to as wDeveloper" whose address is 725 Grand Avenue, 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: Parcel Map for 2 parcel single family residential on said Property, which Development carries the proposed name of MS 833 and is hereinafter referred to as l'Developmentll; and WHEREAS, Developer filed on the 13 day of December, 1989, with the City as a request for Tentative Map hereinafter referred to as "Request." NOW, THEREFORE, in consideration of the recitals and the AGRERENTS/AG-1 1 NEV S/21/00 M c-l?33 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 successors, heirs, assigns and transferees. Without waiving AGREFlQNTWAG-1 2 REV S/21/00 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 exercise of any of the remedies provided to the City pursuant to this agreement, regardless of the nature of the loss or AGREEHENTS/AG-1 3 REV S/21/90 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 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 AGREEMENTS/AC-l 4 REV 5mmJ . . . . - . . - 1522 mailing regardless of receipt by Developer. Notices required to be given to Developer shall be addressed as follows: Garth Packard & Mark Packard 7250 Grand Avenue Carlsbad, CA 92008 Executed by Subdivider this 25" 19 90 . day of -w , SUBDIVIDER CITY OF CARLSBAD a municipal corporation of the State of California r)- Garth Packa d (print namerhere) ATTEST: Co-owner ization of signatory) Mark Pa ard (print r$e here) ALETBA L. RAUTENKRANZ, City Clerk Own r (t%e azd organization of signatory) (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: 7 Deputy City uorney AGREEENTWAG-1 5 REV 5/21/90 G FT-20 Individual ACKnowl~ -rent STATE OF CALIFOhtJIA 1523 COUNTY OF San Diego SS. Onthis 75thdayofwr , in the year I&, before me, the undersigned, a Notary Public in and for said County and State, personally appeared *** GARTH PACKARD AND MARK PACKARD ****** Personally known to me I() to be the person? whose names are subscribed to this instrument and acknowledged that they executed it. WITNESS my hand and official seal. Notary Public in and for said County and State Notary Seal . ’ . l - h EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF TRACT 256, THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915. DESCRIBEDF AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF CHESTNUT AVENUE (FORMERLY COUNTY AVENUE), DISTANT THEREON NORTH 87"57'30" EAST, 433.55 FEET FROM THE INTERSECTION OF THE CENTERLINE OF SAID CHESTNUT AVENUE AND MONROE STREET AS SHOWN ON SAID MAP, SAID POINT BEING THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED FROM THE SOUTH COAST LAND COMPANY TO ORRIN THOMPSHON, ET UX, DATED SEPTEMBER 19, 1935, RECORDED IN BOOK 437, PAGE 214 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE WESTERLY LINE THEREOF SOUTH 28"39'00" EAST, 33.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 28"39'00" EAST, 193.90 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 61"21'00" WEST. 89.55 FEET; THENCE NORTH 28"39'00" WEST. 238.76 FEET TO THE SOUTHERLY LINE OF CHESTNUT AVENUE DESCRIBED IN DEED TO THE CITY OF CARLSBAD, RECORDED JUNE 7, 1968 AS FILE NO. 95866 OF OFFICIAL RECORDS: THENCE ALONG SAID SOUTHERLY LINE, NORTH 87"57'30" EAST, 100.15 FEET TO THE TRUE POINT OF BEGTNNING. I AGREEHEWTS/AG-1 REV S/21/90