HomeMy WebLinkAboutMS 807; Baima, Barbara; 1991-0460301; Payment of Fees for Undergrounding UtilitiesRECORDING &QUESTED BY AND ) WHEN RECORDED MAIL TO: 1
CITY OF CARLSBAD 1200 Elm Avenue 1 Carlsbad, California 92008 )
Space above this
Parcel No. 204-270-47
AGREEMENT TO PAY FEES FOR UNDERGROUNDING EXISTING WE-AD UTILITIES
THIS AGREEMENT is entered into this day of _ /s&
et 294P/ by and between Barbara A. Baima an individual,
hereinafter referred to as *#Developerf# whose address is 29571 I I Seahorse Cove, Laguna Niguel, CA 92677 and THE CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as VityW 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 llProperty"; and
WHEREAS, the Property lies within the boundaries of the
City; and
WHEREAS, Developer proposes a development project as
follows:
three unit condominium, CP 90-06 on said Property, which
Development carries the proposed name of Hemlock II Minor
Subdivision, MS 807 and is hereinafter referred to 'as
"DevelopmentW; and
WHEREAS, Developer filed on the 31st day of May, 1989,
with the City as a request for Minor Subdivision, MS 807 and
Condominium Permit, CF 89-06, and a Site Development Plan, SDP
AGREEMENTS/AC-l 1
. .
- -
89-04 hereinafter referred to as ffRequest.ff 487
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 CarXsbad 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
I 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
I AGREMEYTWAG-1 2 REV S/21/90
, referred tu 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
of the City, be liable or responsible for any loss or damage
happening or occurring to Developer's building for the
/I AGREMERTS/AG-1 3 REV S/21/90
.
? 489
exercise OL any of the remedies provided to the City pursuant
II 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 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-
II 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
I AGREEBEITWG-1 4 REV5/21/90
r -. 490
mailing regardless of receipt by Developer. Notices required
to be given to Developer shall be addressed as follows:
Barbara A. Baima 29571 Seahorse Cove Laguna Niguel, CA 92677
Executed by Subdivider this day of
-I 19?\ .
SUBDIVIDER
Barbara A,. Q&j&& f @@divider)
CITY OF CARLSBAD a municipal corporation of the State of California
Barbara A,~ Bairn (print name her:)
for City Manager
ATTEST: ownier (title and organization of signatory)
By:, [sign here) City Clerk
(print name here)
"‘(title and organization of signatory)
(Proper n&aria1 acknowledgement of execution by SUBDIVIDER must be attached)
(President or vice-president and a;ecretary 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
I/ AGREEMENTS/AG-1 5 REV 5Rlrn
STATE OF CALIFORNIA 491
P COUNTY OF &f&uRE
$ On ,m& fi /y/ before me, fl&&/~ L.. Z/M /VF,&iw I
6 I
g personally appeared At7dkm9 A AArJvlA . >
3 personally known to me (or proved
‘E
i! u to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is& subscribed to the within
il 5 instrument and acknowledged to me that he/she/they executed the same inhis/her/their authorized capacitylies), c L t and that by k&/her/t+& signature(s) on the instrument the person(s) or the entity upon behalf of which the 3 oerson(sl acted, executed the instrument,
I I- , I OFfIClM NOTARY SEAL c P c m
w
WXLLE L. ZIMMERMAN Nd;uy%Wc-Caiifornia
ORANGE COUN~V
h&cCin~~. Expires JAN 17.1995 I u (This area for official notanal seal)
EXHIBIT "A" LEGAL DESCRIPTION
492
LOT 17 IN BLOCK "M" OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 5, 1923.
EXCEPT THEREFROM THE NORTHEASTERLY 65.0 FEET.
ALSO EXCEPT THEREFROM THE SOUTHEASTERLY 134.16 FEET THEREOF.
AGREMEHTS/AG-1 6 REV 5/21/W