HomeMy WebLinkAboutMP 150F; ; 87-103169; Propertym 87 I0 3;|:
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NO FEE
Recp'rdiijg. "Requested By and Return To:
"city .Clerrk*
1200 Elm Avenue .
C,arIsbad, -CA 92008 EXHIBIT A to Resolution No. o y
LICENSE AGREEMENT FOR GRADING ON
VILLAGE E-2 IN CALAVERA HILLS
This License Agreement (the "Agreement") is made
the City of Carlsbad, County of San Diego, State
in
CarisDad, County ot [ban uiego, btate of
California on -^^^^^^j^ , 1985, between CEDRIC E. SANDERS,
an individual, hereinarter ("Licensor") and the CITY OF
CARLSBAD, a municipal corporation of the State of California
hereinafter ("Licensee").
RECITALS
A. Licensor is the fee owner of the real property
located in the City of Carlsbad, County of San Diego, State
of California, more particularly described in the attached
Exhibit "A" and depicted on the attached Exhibit "B",
B. The Master Flan for Calavera Hills, MF-150(F),
provides that Licensor shall dedicate that property de-
scribed in Exhibit "A" to Licensee upon the completion
of certain acts ("Dedication") and said completion has
not as yet taken place.
C. Licensee desires to commence grading on the real
pr^operty described in Exhibit "A" at this time and prior
to the Dedication.
D. Licensor, as a land owner, developer, 'and tax
payer in the City of Carlsbad recognizes the need for and
supports the construction of sufficient parks and other
recreational areas for the citizens of Carlsbad. Licensor
fully appreciates the importance of such parks for the
continued good health and well being of the citizens of
Carlsbad. . Licensor, in its desire to cooperate with and
assist the City in developing adequate public park facil-
ities, has previously dedicated approximately 10 gross
acres (Village F) to the City.
E. Licensee now desires, and Licensor is willing
to grant to Licens^ee, a license over, under, in, through,
and across that property described in Exhibit "A" to permit
Licensee to grade the License Area described in Exhibit
"A" in accordance with plans to be submitted to the Licensor
for approval.
F. Accordingly, Licensor, without being required
to do so, hereby wishes to grant a license for the grading
desired to be accompli shed by the City of Carlsbad under
the following terms and conditions.
556
TERMS AND CONDITIONS
1. Grant of License.
Licensor hereby grants to Licensee a License to grade
and place fill over, along, across, and through the License
Area described in Exhibit "A" for the ultimate purposes
of constructing and maintaining a public park and other
incidental and ancillary purposes associated therewith
when Licensor formally dedicates the park to Licensor.
All such grading and other work shall be in conformance
with plans approved by Licensor.
2. Term of License.
The Licensor and Licensee agree that the Licensor
may be required in the future to dedicate the License Area
described in Exhibit "A" under the terms of the Master
Plan,. This License to grade shall terminate automatically
upon the dedication of the License Area described in Exhibit
"B" or upon the expiration of the period of 24 months from
the date of the License, whichever shall first occur.
3. Maintenance .
Licensee shall maintain, at Licensee's sole expense,
the License Area, and all grading and other improvements
made or installed by the Licensee within the License Area,
in a sanitary and safe condition, in good repair and in
accordance with all applicable laws and regulations.
Licensee shall obtain all necessary permits for the grading
contemplated by this Agreement and shall not permit, commit
or suffer waste upon the License Area.
4. Indemni fication.
Licensee shall and does indemnify and hold Licensor
harmless against and from liabilities and claims of any
kind for loss or damage to property of Licensee or any
other person, or for any injury to or death of any person,
arising out of: (1) Licensee' s use and occupancy of the
License Area, or any work, recreation, activity, or other
things allowed or suffered by Licensee to be done in, on
or about the License Area; (2) any breach or default by
Licensee of any Licensee' s obligations under this Agreement;
or (3) any negligent or otherwise tortious act or omission
of Licensee, its- agents, employees, invitees, or con-
tractors . Licensee shall fully defend Licensor in any
and all actions or proceedings arising from any such claim
and shall indemnify Licensor against all costs, attorneys'
fees, expert witness fees and any other expenses incurred
in such action or proceeding-
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O: 557
5. Insurance.
Licensee shall, at all times during the term of this
Agreement, maintain in full force and- effect and at
Licensee's sole expense, a policy or policies of casualty
insurance and comprehensive public liability and property
damage insurance in accordance with prudent business prac-
tices to provide reasonable and adequate coverage for
casualty claims and liabilities, property damage or personal
injury (including death) occurring on, in or about the
License Area. Nothing contained in thi s paragraph shall
prevent Licensee from providing self-insurance to comply
with the provisions of this paragraph so long as reasonable
levels of reserves consistent with prudent business prac-
tices are maintained and reasonable and adequate excess
coverage in accordance wi th prudent bus iness practices
i s provided through a policy or policies of insurance.
6. Liens on the License Area.
Licensee shall pay when due all obligations incurred
by or for Licensee relating to work on, or use of, the
License Area. Licensee shall not cause, suffer or permit
any liens relating to mechanics or others to attach to
or be recorded against, the License Area, and shall indem-
nify, defend and hold Licensor and the License Area harmless
from any and all liens, claims, and all expenses (including,
without limitation, any attorneys' fees) related to, or
arising out of, mechanics or others employed or contracted
by Licensee for work on, or use of, the License Area.
7. Successors and Assigns.
The terms and conditions contained in this Agreement
shall inure to the benefit of and be binding upon the
parties and their respective heirs, successors and assigns.
This License Agreement,and the terms and conditions set
forth herein, shall not be recorded.
8. Assignment.
This Agreement shall not, nor shall any interest there-
in or thereunder, be assigned, mortgaged, hypothecated
or transferred by Licensee without first obtaining the
written consent of Licensor which consent shall be within
the sole and absolute discretion of Licensor.
9. License Subject to Certain Matters.
This License is subject to all valid and existing
contracts, leases, licenses, encumbrances, and claims of
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V 558
title which are of record and affect the License Area.
The use of the term "grant of license" as set forth in
this Agreement shall not be construed as a covenant against
the existence of any such matter of record. Further, in
no event shall this License in any way violate nor alter
the terms of the Master Plan for Calavera Hills currently
in effect.
10. Entire Agreement; Modification.
This Agreement contains the entire Agreement between
the parties relating to the License. Thi s Agreement may
be modified only by a written and recorded agreement, signed
by both parties or their respective heirs, successors,
or assigns.
11. Attorneys' Fees.
In the event of any litigation between the parties
to interpret or enforce any of the provisions of this Agree-
ment, the prevailing party in the action shall be entitled
to recover from the losing party reasonable attorneys'
fees and costs .
12. Notices.
All notices to be given under this Agreement shall
be in writing, delivered in person or by registered or
certified mail, postage prepaid and return receipt requested
at the addresses provided below, or such other addresses
as either party may designate, from time to time, by proper
notice under this paragraph. Any notice shall be deemed
•given only when actually received by the intended party,
whether personally served or sent by registered or certified
mail.
Licensor: Cedric E. Sanders
110 West C Street, Suite 1220
San Diego, California 92101
Licensee: City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Attention: Frank Aleshire, City Manager
13. Exhibits.
All exhibits to this Agreement are incorporated in
and made a part of this Agreement by reference.
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7
0 559
14. Severability.
If any part of this Agreement shall, to any extent,
be held invalid or unenforceable, the remainder of this
Agreement shall not be affected and each term and provision
of this Agreement shall remain valid and enforceable to
the fullest extent permitted by law.
15. Use as a Park.
Notwithstanding any provision to the contrary herein,
the License Area shall not be used for the construction
or operation of a park unless and until fee title to the
park has been dedicated to the City of Carlsbad in accor-
dance with the terms and conditions of the Master Plan.
"LICENSOR"
CEDRIC E. SANDERS,
an individual
"LICENSEE"
CITY OF CARLSBAD, a municipal
corporation of the State of
ifornia
V
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CORPORATE ACKNOWLEDGMENT 560 NO. 202
1 «
ta&assss&ssssssssssssssssisasssi
I State of California
San Diego
SS.
Onthlsthe^6thdayof February 19_87_, before me, !j
County of
Karen R. Kundtz
7120 122
<
o'
the undersigned Notary Pubiic, personally appeared
Mary H. Casler
«*»********«*•«**•««*«•«***««*
* yfiSSS)*. OFFICIAL SEAL J
* KAREN R. KUNDTZ t
» NOTARY PUBUC-CALIFOftNIA I * ^ffi^' COUNTY * J -*^Sf^ Comm. Exp. Sepl. 27, 1989 J
K personally known to me
• proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
Mayor xctT on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
STATE OF CALIFORNIA
COUNTY OF . SAN DIEGO
February—18_,—1987 .before me, the undersigned, a Notary Public in and for
said Slate, personally appeared__
CEDRIC E. SANDERS
personalty known to me (or proved to me on the basis of satis-
factory evidence) to be the person{s) whose name(s) is/are sub-
scribed lo the within instrument and acknowledged to me that
he/she/they executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
SHARON WESTERN
NOTARY PUBUC - CAUFORNIA
SAN DIEGO COUNTY
My comm. expires MN 31, 1987
Signature. 303MojMdMrL {This area for official notarial seal)
0. 561
EXHIBIT "A"
LICENSE AREA
A PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATh: OF CALIFORNIA, ACCORDING TO
PARTITION MAP NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY ON NOVEMBER 16, 1896, TOGETHER WITH A PORTION OF
TAMARACK AVENUE AS DEDICATED PER DOCUMENT NO. 82-357616 RECORDED
NOVEMBER 19, 1982, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE BOUNDARY OF • LAND SHOWN ON RECORD OF
SURVEY NO. 9336 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON MAY 12, 19S3, SAID POINT BEING THE EASTERLY .TER-
MINUS OF THAT LINE SHOWN ON SAID RECORD OF SURVEY AS NORTH 79*^
57' 54" WEST, 71.22 FEET, SAID POINT BEING ON THE ARC OF A CURVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 1000.00 FEET, A RADIAL
LINE TO SAID POINT BEARS SOUTH 75° 17' 40" EAST; THENCE ALONG THE
BOUNDARY OF SAID LAND SHOWN ON RECORD OF SURVEY NO. 9336 AS FOL-
LOWS: NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 33° 19' 32", 581.64 FEET; NORTH 18° 37' 12" WEST, 273.62
FEET; THENCE LEAVING SAID BOUNDARY OF LAND SHOWN ON RECORD OF
SURVEY 9336, NORTH 71° 22' 48" EAST, 611.60 FEET; THENCE SOUTH
18° 37' 12" EAST, 660.04 FEET TO THE BOUNDARY OF SAID LAND SHOWN
ON RECORD OF SURVEY' NO, 9336; THENCE ALONG SAID BOUNDARY AS FOL-
LOWS: SOUTH 69° 28' 42" WEST, 653.20 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1042.00
FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 85° 33' 46" EAST;
SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 10° 16' 06", 186.74 FEET; THENCE LEAVING SAID BOUNDARY, ALONG
A RADIAL LINE FROM SAID CURVE, NORTH 75° 17' 40" WEST. 42.00 FEET
TO THE^ POINT OF BEGINNING.
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