Agmt 1999 Hussey_James - Laserfiche WebLink

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NOW, 'THEREFORE, in consideration of the issuance of the building permit to Owner(s) to construct an industrial/commercial facility on the Site,it is mutually agreed as follows: 1. Owner(s) hereby agree(s) to pay $60,469.59 to convert overhead electrical, telephone and communication services to underground facilities along portions of WILLIAMS STREET AND ALVARADO STREET in which Owner's/Owners' property is included as part of a conversion project area following completion of such conversion project.This amount represents the property owners shared cost of the conversion(see attached calculation) 2. Owner's/Owners'property has FOUR HUNDRED THIRTY-EIGHT(438)linear feet of frontage on WILLIAMS STREET AND ALVARADO STREET,as delineated in Exhibit A. 3. Owner(s)hereby agree(s)to pay to the City the cost specified in paragraph 1,above,on or before March 15,2005. Should Owner(s)fail to pay the conversion fee within the above time period, such fee shall constitute a special assessment against the property commonly known as 799 Thornton Street and upon the City's filing a certified statement of non-payment of the fee with the County Auditor,the special assessment shall be entered on the tax roll and shall attach against the subject premises. Said assessment shall be collected at the same time in the same manner as ordinary municipal ad valorem taxes and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. 4. This Agreement does not exempt Owner(s) from paying all costs related to placement underground on Owner's/Owners' property of all electric and communication service laterals necessary to serve the property and improvements thereon, and to make such other changes on the premises that are necessary to accept such underground utilities services. 5. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs,successors and assigns. 6. Owner(s) agree that any written notice sent to it/them at 1120 Glen Drive, San Leandro, California 94577 shall constitute sufficient notice under the terms of this Agreement. 799 THORNTON STREET PAGE 2 OF 3 AGREEMENT-UNDERGROUND UTILITIES F:\PLNCHECK\ALVARADO\UGAGG-AGR.DOC 48