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Home My WebLink AboutCB84-377; Palomar Venture; 85-009104; Maintenance AgreementI ’ *Recording Requeste-By and I 1944 'a f When Recorded Mail co: I City Clerk 1200 Elm Avenue Carlsbad, CA 92008 i : _.. . ., --------------------------- -------m.----------’ k ,J~i~~~~.Jl. 7.‘ L,,, -lawE!L Space Above This L',n$.l?o?: R&%&der" Use ..,_"_. ,* >' THIS AGREEMENT made and entered,into this &A&zZfI&mBr~~- I -&effday of. .. 1984, -by--and between. PALOMAR-VENTURE- ("Owner") as Owners ,of- .that -certain real prope-rty de.scribed-on Exhibit "An attached hereto and made a part hereof, and THE CITY OF CARLSBAD ("City"). WHEREAS, -Owner desires to develop said. real property, to includef .but .not be lim,ited to two (2).two story industrial - R & D buildings Plan Check # 84-377; and WHEREAS, Owner.deshres .f-urther to -enhance the excess right- of-way areas adjacent to Palomar Airport Road with landscaping; and . WHEREAS-,.-it -is.the mutual desire, of the parties herein named that said--improvements be maintained in a safe, usable and attractive condition; and WHEREAS, the City. has--determined. it-to- be in-the public dnterest to .appr-ove th-is-development if reasonable assurance are given by the property owner that the slopes be maintained; -NOW,- THEREFORE, &--and--for consideration of the mutual covenants and cond.itions. herein contained, it is mutually convenanted and agreed as follows: -1,) .. ,The .parties- hereby agree- for-- themse.lves, their heirs, successors and .assigns, that the improvements described above, shall hereafter be maintained in a safe, usable and attractive condition. 2) The- parties- hereby further agree. for themselves, their heirs1 successors-.and -assigns, that-the cost and expense of mainta,ining said improvements in- a safe,, usable and attractive condition. shall be the sole obligation of Owner, their heirs, successors and assigns. . I 194.5 3) The parties hereby further agree that the covenants and agreements herein contained shall run with the land and be binding on Owner, their heirs, successors and assigns on all or any portion of the property referred to herein and any amendment or modification of this agreement will be null and void unless first approved in writing by the City Attorney of the City of Carlsbad. 4) Should Owner, their heirs, successors or assigns fail to maintain said improvements in a safe, usable and attractive condition and if in the City's judgement, said landscaping poses a safety hazard for traffic or other purposes, or fails to comply with the approved landscape plan, the City may thereupon provide written notice to the then Owner(s) to initiate maintenance within & --@--days. Upon failure to demonstrate good faith to provide maintenance or repair, Owner hereby agrees that the City may make all needed maintenance and/or repairs to said landscaping and then assess costs including any costs, including reasonable attorney fees, incurred in any action to enforce the provisions of management; to the Owner's then of record. 5) If City elects to make necessary maintenance and/or repair in accordance with Paragraph 4 above, then said work shall be without warranty. Said repair and/or maintenance shall be accepted and guaranteed by the then Owner(s) and said Owner(s) shall indemnify, save and hold harmless City. If the City elects to exercise its rights under Paragraph (4), it neither waives its rights under this agreement, nor assumes any duty for subsequent maintenance or repair. 6) If the Owner elects to change, replace, alter or remove the above improvements contained within said rights-of-way, then Owner shall submit in written and/or graphic form its plan for said change to the City for review and approval prior to its implementation. Said plan shall be deemed approved if Owner is not advised to the contrary within thirty (30) days of submission. 1946 7) It is the purpose of the parties herein that this instrument be recorded to the end and intent that the obligation hereby created shall be and constitute a covenant against the property and any subsequent Owner(s) of all or any portion thereof, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to and become bound by these covenants and agreements. PALOMAR VENTURE, A California Limited Partnership By: Newport National Corporation, General Partner By' -Lu, President -:c---- . By: &?!$dd ~%&&@-%- k---L,- - Scott Brusseau, Secreta:? -------- By: fi@&GL-- --------------------------- F. M. Brusseau, Individually, General Partner I STATE OF CALIFORNIA MAINTENANCE AGREEMENT SS. BETWEEN PALOMAR VENTURE & COUNTY OF ORANGE > 1947 CITY OF CARLSBAD On this day of December, in the year 1984, 3 before me, the undersigned, a Notary Public in and for said State, personally appeared F. M. B~~SS~~u*k**k***k**k**“k**“**k*********** *************** and SCOTT BRUSSEAU **************************** , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as ********k president and ******** Secretary, respectively, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official se ACKNOWLEDGMENT-Corp -Pres. 8 SC -WoIcotls Form ZZZCA-Rev. 11-83 01983 WOLCOTTS. INC (price class 8-2) STATE OF CALIFORNIA > ss. MAINTENANCE AGREEMENT BETWEEN COUNTY OF ORANGE PALOMAR VENTURE & CITY OF CARLSBAD F-LI-A--***A- OFFICIAL SEAL I LYDA A COOPER : Y NOTARY PUSLIC - CALlFORNlA ORANGE GCrUNiY MY comm. expires MAY 22 1987 J.ev....--0.-t ACKNOWLEDGMENT-General-Wolcofls Form 233CA-Rev 5-82 01982 WOLCOTTS. INC. mcs Class E-2) On this 3 day of December , in the year 194 before me, the undersigned, a Notary Public in and for said State, personally appeared F. 14. RRU~~EAIJ************************** **************************************** ***************************** , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person- whose name- is subscribed to the within instrument, and acknowledged to me that -he- executed it. WITNESS my hand and official seal. 1948 EXHIBIT "A" THE LAND REFERREO TO HEREIN Is SITUATED IN THE STATE OF CALIFOKNIA~ COUNTY OF SAN OIEGO, AN0 IS DESCRTUEO AS FoLLOiiS: PARCEL 1: . - ALL THAT PORTION OF LOT “t-i” OF RANCH0 AGUA HEOIONDA, IN THE CITY OF CARLSbAOv IN THE COUNTY OF SAN OIEG3, STATE OF CALIFO?NIA, ACCORDI!% TO MAP THEREI)F NQ. 823 FILE0 IN THE OFFICE OF COUNTY RECOROER , OF SAN DIEGO COUNTY T NOVEMUER 16~ 1896, OESCRIBEO As FOLLCWS: bEGCNNLNG AT A POINT or\i THE WESTERLY LINE OF PARCEL 2 OF OEEO ~0 THE STATE OF CALIFORNIA, RJZCORDED JUNE 1Bt 1965~ HECOROER’S FILE NO. 108756 OF OFFICIAL RECORDSI SAIU POiNT HAVING COORDINATES Y EGUALS 352~082.18 FEET AhO x EOUALS 1r6?0v550.47 FEET AN0 SAID f0INT ALSO 8EIFIC AT THE NORTHEKLY TERM/NUS OF A COURSE OESIGNATEU AS NORTH 26’lO’OO** MST, 1450-00 FEET; THENCE SOUTH 26’10’0u” EAST ALONG SAIO WESTERLY LINE OF SAX0 OZE0 lr34L.00 FEET; THENCE LEAVXNG SAID WESTERLY LINE SOUTHEASTERLY AN0 .j SOUTHWESTERLY ON THE ARC OF A TANGENT 335.~0 FOOT RADIUS CURVET COruCAVE IUORThwESTERLY THROUGH A CENTRAL ANGLE OF 48’30’00” ArY ARC DISTANCE CF 283.57 FEET; THENCE SOUTH 22’20’00” WEST 143.22 FEET TO THE BEGINNING OF A TANGENT 265.00 F30T KAUXUS CURvEt COXCAVE SOUTHWESTfZRLY; THENCE SOUTHWESTERLY ALOMG SAIO CURVE THROUGH A CENTRAL ANGLE OF 37- 3?‘l4” AN ARC OISTAQCE OF 174.UO FEET; THENCE SOUTH 15’17*14” EAST 33.93 FEET; THENCE ‘SOUTH 67’29’31” wEST 70.56 FEET; THENCE SOUTH 15’17’14” EAST 165.26 FEET; THENCE SOUTH 67’29’ 31” WEST 420.48 FEET TO THE EASTERLY LINE OF THE LOO.00 FOOT RIGHT OF WAY OF THE ATCHISONT TOPEKA AN0 SANTA FE RAILWhY CGPPANY. AS OESCRItrEO IN OEED TO THE CALIFORNIA SOUTHERN RAILROAD, FILE0 MARCH LiJv 1861 IN THE OFFICE OF COUNTY RECOROER OF SAN OIECO COUNTY, IN-BOOK 39~ PAGE 171 OF DEEDS AN0 THE TRUE POINT OF BEGINNING; THENCE RETRACING NORTH 67’29.31” EAST 420.48 FEET TO A POIKT ON THE HESTERLY LINE OF THE LAND OESCKIBEIJ Ih’ THE OEEU TO THE CITY OF CARLSbAO1 KECOROEO FEBRUARY 3r L969 RECORDER’S FILE No. 8939; THENCE ALONG THE WESTERLY BOUFJOAKY OF SAID CITY OF CAR.LSUACl LANO, SOUTH 15’17’14” EAST 291.73 f EET TO THE BEGINNING OF A TANGENT 51.4A FOOT RAOXUS CURVEI CUNCAVE WESTEKLY, SOUTHEKLY ALdNC SAID CUkVE 13.25 FEET THROUGH AN ANGLE OF 14’45*48”, TANGENT TO SAID CURVE SOUTH 0-31’26” EAST 92.65 FEET TO THE BEGINNING OF A TANGENT 403.00 FOOT RADIUS CURVE, CONCAVE WESTERLYI SOUTHEHLY ALo% SAID CURVE 87.22 FEET , THkOuCH A?I ANGLE OF 12*24’r TANGENT TO SAIO CUxVE SOUTH k 1-52’34” WEST 121.95 FEET TO THE BEGINNING Of A TANGENT LO.00 FOOT RADIUS CURVEt CONCAVE NORTHWESTERLY ANU SOUTHWESTERLY ALONG SAID CURVE 32.98 FEET THROUGH AN ANGLE OF 94-28’22” TO A POINT ON THE fvORTHEKLY LII’?E OF PAkCEL 2 OF THE LAN.0 oESCIXIBEO LN THE OEEO TO TnE STATE OF CALIFORNIAI RECOROEO JUNE 18~ 19651 RECCIRUER’S FILE NO. 108756 OF OFFICIAL RECOaOS; THENCE ’ ALONG SAIO NORTHERLY LINEt NORTH 73’39’04” wEST 83.71 FEET TO fOUN0 STATE OIvISION OF HIGHwAYs 1 INCH IRON PLPE; THENCE CONTINUING ALONG SAID t NORTHF&LY LINE NORTH 65’ 49@ 21” WEST ZOb.46 FEET TO TriE POINT OF I~TEKSECTION OF THE EASTWLY LINE OF THE LOo.od FOaT RIGHT OF ‘dAY OF THE AfCHISdN, TOPEKA AN0 SANTA FE KAILROAO COMPANYT AS OESCRI8EO -IN OEEO TO THE CALIFORNIA SOUTHERN RAILkOAO, FILE0 MARCH 10, 1831r IN BUCK 38~ PAGE 171 Uf= DEEDS; THENCE NURTHERLY ALONG SAIO EASTERLY LINE TO TtiE TRUE POIWT OF BEGINNING. lU89695 PAGE 10 . . * t . . . .*. . . .~.~ .*--..,. -:. :.T~..~:~~,.Lc. ri ., : ril> ‘.- t &2.*&&d . , . .