Agmt 1999 Hussey_James - Laserfiche WebLink

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AGREEMENT-UNDERGROUND UTILITIES THIS AGREEMENT is entered into on March 15 , 1999, by and between the CITY OF SAN LEANDRO, a municipal corporation(the "City")and JAMES R. HUSSEY AND/OR HIS ASSIGNEES , (the"Owner(s)"). Recitals A. Owner(s)is/are owner(s)of industrially zoned real property commonly known and designated as 799 Thornton Street, San Leandro, CA. (Assessor's Parcel No. 075-0045-001-04), (the "Site") and shown on the Site Location Map,attached hereto as Exhibit A and incorporated herein this reference. B. Owner intends to apply for a building permit to renovate a 8,839 sq. ft. office building, on the site. C. Pursuant to Section 5-3-300 of the San Leandro Municipal Code (the "Code"),the City Council has adopted by resolution an Underground Utility District Master Plan (the "Master Plan") which plan includes the City Council's declaration of intent to remove utility poles, overhead wires and associated overhead structures and construct replacement facilities underground along portions of WILLIAMS STREET AND ALVARADO STREET, including those portions of WILLIAMS STREET AND ALVARADO STREET fronting the site. D. Section 5-3-325(a)of the Code provides that no building permit for construction of commercial or industrial use shall be issued unless and until the applicant therefor deposits with the Finance Director such fees for underground utility conversion as are specified in or pursuant to the Master Plan. E. Section 5-3-335 of the Code allows the Engineering and Transportation Director, upon a determination that an undue hardship would otherwise result to the Owner(s),to authorize a modification in the amount or manner of payment of the underground utility conversion fee obligation. F. A determination of undue hardship has been made. 799 THORNTON STREET PAGE 1 OF 3 AGREEMENT-UNDERGROUND UTILITIES F:\PLNCHECK\ALVARADO\UGAGG-AGRDOC