The URL can be used to link to this page

Home My WebLink About1985-05-07; City Council; Resolution 8004I c sign the agreement on behalf of the city. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held the 7th day of my I 1985, by the following vote to wit: // // // // 1 2 3 4 5 6 7 € s LC 13 1: 1; 11 l! 11 1' 11 l! 2( 2: 2, 2 2, 2 2 2 2 RESOLUTION NO. 8004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LICENSE AGREEMENT FOR GRADING OF THE FUTURE CALAVERA HILLS PARK SITE WHEREAS, Cedric E. Sanders is the owner of real property that will eventually be dedicated to the City of Carlsbad for future park use and, WHEREAS, the City of Carlsbad currently owns a portion of the park site and, WHEREAS, it is more economical to grade the entire park site as a unit rather than in phases and, WHEREAS, Cedric E. Sanders is willing to grant the city a license to grade on his land that will eventually be dedicated as a park site; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the license agreement attached hereto as Exhibit A is hereby approved. 3. That the Mayor is hereby authorized and directed to d 1 2 3 4 5 6 7 8 9 1c 11 12 12 14 1: 1( 17 I€ 1: 2( 21 2; 2; 21 2: 2i 2': 2t AYES : NOES: None ABSENT: None Council Mahrs Casler, Lewis, Kulchin, Chick and Pettine d-& 7-2 / MARY H. OPSLER, Mayor ATTEST: (2kaAL d. Q- ALETHA L. RAUTENKRANZ, Cit ( SEAL) 3 8 7 I tl.3 C 6 9 NO FlEE RecQYdigg.'Requested By and Return To: City Cle-rk' 1206 Elm Abenue C~rlsb~d, CA 92008 ..r EXHIBIT A to Resolution No.Boof LICENSE AGREEMENT FOR GRADING ON VILLAGE E-2 IN CALAVERA HILLS This License Agreement (the "Agreement") is made in the California on an CARLSBAD, a municipal corporation of the State of California hereinafter ("Licensee"). RECITALS A. Licenser 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". 8. The Master Plan for Calavera Hills, MP-150(F), provides that Licenser shall dedicate that property de- scribed in Exhibit "Al1 to Licensee upon the completion of certain acts ("Dedication") and said completion has ’ I . ” z \_ . -- 556 TERMS AND CONDITIONS 1. Grant of License. Licenser 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 Licenser formally dedicates the park to Licenser. All such grading and other work shall be in conformance with plans approved by Licenser. 2. Term of License. The Licenser and Licensee agree that the Licenser 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 IlBll 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. Indemnification. Licensee shall and does indemnify and hold Licenser 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 Licenser in any and all actions or proceedings arising from any such claim and shall indemnify Licenser against all costs, attorneys' fees, expert witness fees and any other expenses incurred in such action or proceeding. -2- . . -, ‘. . . 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 this 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 with prudent business practices is 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 Licenser 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 Licenser which consent shall be within the sole and absolute discretion of Licenser. 9. License Subject to Certain Matters. This License is subject to all valid and existing contracts, leases, licenses, encumbrances, and claims of -3- 1 558 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. This 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. Licenser: 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. -4- 7 . 3’ 559 ’ 6.. * \ . l P 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" "LICENSEE" CEDRIC E. SANDERS, an individual CITY OF CARLSBAD, a municipal corporation of the State of 1 California c . . . -5- CORPORATE ACKNOWLEDGMENT Statsof California On this the26thdayof February 19=, before me, San Diego 1 SS. County of Karen R. Kundtz I NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l PO. Box 4625 l Woodland Hilts. CA 91364 7l20 122 c” x L 3 Q E t s .g : E ii ^ 2 z z = h Y co r X’ x- **vvv****v****************~**~ owlclAl.SEAL L $ KAREN R. KWOTZ f - uv ccmm. EXP. SvGl. 27. 1989 ? the undersigned Notary Public, personally appeared Mary H. Casler , II0 personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Mayor won behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. ST;T;;o:ALIFORNIA SAN DIEGO lss. I Otl February 18, 1987 ,before me, the undersigned, a Notary Public in and for said State, personally appeared CEDRIC E. SANDERS Personally 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 to the within instrument and acknowledged to me that he/she/they executed the same. ARON WESTERN NOTARY PUBLIC - CAUFORNIA if WITNESS my hand and official seal. ~DtEGOCOUNM expires JAN 31, 1987 Signature W%&, (This area for official notarial seal) EXHIBIT "A" LICENSE AREA A PORTION OF LOT "J" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE 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 !IxY 12, 1933, SAID POINT BEING THE EASTERLY TER- MINUS OF THAT LINE SHOWN c)N SAID RECORD OF SURVEY AS NORTH 7LJ" 57' 54" WEST, 71.22 FEET, SAID POINT BEING ON THE ARC OF A CURVE CONCAVE WESTERLY hND HAVING A RADIUS OF 1000.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 7s" 17' 40" EAST; THENCE ALONG THE BOUNDARY OF SAID LAND SHOWY ON RECORD OF SURVEY NO. 9336 AS FOL- LOWS: NORTHERLY, XLONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 33" 19' 32". 581.64 FEET; NORTH 18O 37' 12" WEST, 273.62 FEET; THENCE LEAVING SAID BOUNDARY OF LXND SHOWN ON RECORD OF SURVEY 9336, NORTH 71' 22' 48" EAST, 611.60 FEET; THENCE SOUTH 18O 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 69O 28' 42" WEST, 653.20 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE %ESTERLY AND HAVING A RADIUS OF 1042.00 FEET, A RADIAL LINE TO SAID POINT BEAKS SOUTH 85" 33' 46" EAST; SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE UF 10" 16' 06", 186.74 FEET; THENCE LEAVING SAID BOUNDARY, ALONG A RADIAL LINE FHO.il SAID CURVE, ?;ORTH 75' 17' 40" WEST, 42.00 FEET TO THE POINT OF BEGINNING. . _ -, *h\ “! t ’ c-\\ . \ r.h’I/f - EXHIBIT “B” I 0 4 \=i & “5 I-- “..Q” y ,---\;+\ 5 N /- ::, kr \ * \ 1. -\- -cc3 f0a \-= ‘& w . . ‘. \. .rulunc \LR\\ . Q u ‘rn _ . . \” “‘.,’ . k.. -\ 1 : -m / 7Y~O/‘fl79/14/ y I 3 72 -- 475m7~ -- \ ~- + --,4’89=‘25V6 W //t/890 25ww 475232’) \