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HomeMy WebLinkAbout1985-05-07; City Council; 8156; CALAVERA HILLS PARK GRADING LICENSE, . CITWF CARLSBAD - AGENDelLL AB# ri51h CITY MG DEPT.- ClTYAn CALAVERA HILLS PARK GRADING LICENSE MTG.5/7/85 DEPT. HI TITLE: RECOMMENDED ACTION: Adopt Resolution No. roo./ approving license agreement with Cedric E. Sanders. ITEM EXPLANATION: The City is designing Calavera Hills Park. The park is planned to be developed in two phases. In order to save costs in grading and produce a better design, the entire park site, Phases I and 11, should be graded at once. The southerly portion of the park, Phase I, has already been dedicated to the city. The northerly portion of the park, Phase 11, has not yet been dedicated to the city. In order for the city to grade the northern portion of the park, the property owner's permission is necessary. The property owner, Cedric Sanders, has agreed to grant the city a license to grade the northerly portion. A license agreement has been prepared for Council approval. FISCAL IMPACT: Grading the entire site at once rather than in phases will save an estimated $200,000. EXHIBITS: 1. Resolution NO. BO q approving license agreement. CI > w 0 rz Q a a 2 0 F 0 a d 0 z 3 0 0 ' II 0 0 1 2 3 4 5 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 6 future park use and, 7 that will eventually be dedicated to the City of Carlsbad for 8 WHEREAS, the City of Carlsbad currently owns a portion 9 of the park site and, 10 WHEREAS, it is more economical to grade the entire park 11 site as a unit rather than in phases and, 12 WHEREAS, Cedric E. Sanders is willing to grant the city 13 City of Carlsbad as follows: 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of t: 15 as a park site: 14 license to grade on his land that will eventually be dedicatt 17 18 1. That the above recitations are true and correct. 1 Exhibit A is hereby approved. 19 2. That the license agreement attached hereto as 20 3. That the Mayor is hereby authorized and directed to 21 sign the agreement on behalf of the city. 22 23 24 25 26 27 PASSED, APPROVED AND ADOPTED at a regular meeting of th Council of the City of Carlsbad held the 7th day of mv 1985, by the following vote to wit: // /I 1 I/ 28 /I /I II 0 0 1 2 AYES : bmcil wrs ~asler, L~W~S, KU~C~, chick and Pettine NOES : None 3 11 ABSENT: None 4 5 6 $-e/ / LA-+ d=P&. MARY H. PSLER, Mayor 7 ATTEST: 81 9.1 &"&(& 10 ALETHA L, iUT!%%WbClerk 11 12 13 ( SEAL 1 , 1 14 15 I.6 I1 I.7 1 l8 1 19 I 20 21 22 II 23 24 25 26 ' 27 28 @ 0 EXHIBIT A to Resolution No .. LICENSE AGREEMENT FOR GRADING ON VILLAGE E-2 IN CALAVERA HILLS This License Agreement (the "Agreement") is made in the City of Carlsbad, County of San Diego, State of California on April , 1985, between CEDRIC E. SANDERS, an individual , herefnafter ("Licensor") and the CITY OF CARLSBAD, a municipal corporation of the State of California hereinafter ("Licensee") n 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 Plan for Calavera Hills, MP-lSO(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 property 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 Licensee, 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 accomplished by the City of Carlsbad under the following terms and conditions. -2 0 0 I. 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 '!Att 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, Elaintenance 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 Licensor harmless against. and from liabilities and claims of any kind for loss or damage to property of Licensee c)r any other person, or for any in jury 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 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. things allowed or suffered by Licensee to be done in, on -2- 0 0 .. .. 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 in jury (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 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 arlsing out of, mechanics or others employed or contracted by Licensee for work on, or use of, the License Area. by or for Licensee relating to work on, or use of, the 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 e 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 -3- e 0 .. title which are df record and affect Che 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. 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. -4- 0 e .. 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, CITY OF CARLSBAD, a municipal an individual corporation of the State of California By: . By : -5- 0 a .. KXH I 'd IT "A" LICENSE AREA A PORTION OF LOT "J" OF R.ANCHO AGUA HEDIONDA, IY THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATU OF CALIFORNIA, ACCORDING rro PARTITION MAP NO, 823 FILED IN THE OFFICE OF THE COUNTY HECORDER OF SAID cOU?jry ON NOVEMBER 16, 1896, TOGETHER WITH A PORTION OF NOVEMBER 19, 1982, OFFICIAL RECORDS, DESCKIBED AS FOLLOUS: BEGINNING AT A POINT OW TiiE HOt'NDAtlY OF LAND SHOWN ON RECORD OF SURVEY NO. 9336 FILED I?l THE OFFICE OF THE COUNTY RECORDER OF SbN MINUS OF THAT LINE SHOWN ON SAID RECORD OF SURVEY AS NORTH 79O 57' 54" WEST, 71.22 FEET, SAID POINT BEING 03 THE ARC OF A CURVE CONCAVE WESTERLY AND HAVISG A RADIUS OF 1000.00 FEET, X RADIAL BOUNDARY OF SAID LAND SHOWY ON RECORD OF SURVEY NO. 9336 AS FOL- TA5l.IARACK AVESUE AS DEDICATE9 PER DOCUMENT NO, a2-337616 RECORDED DIEGO COUNTY ON MY 12, 1933, SAID POINT BEING THE EASTERLY 'FER- LIYE TO SAID POINT BEARS SOUTH 750 171 40" EAST;.THENCE ALONG THF LOWS: NORTHERLY, .\LONG THE ARC OF SAID CURVE, THROUGH A CENTRA[ ANGLE OF 33' 19' 32", 581.64 FEET; NORTH 18O 37' 12" WEST, 273.6; FEET; THENCE LEAVING SAID 3OUK;DXRY OF LAND SHOWS ON RECORD Oi SURVEY 9336, N0RTi-I 71O 22' 48" EAST, 611.60 FEET; THEYCE SOUTI 18" 37' 12" EAST, 660.04 FEET TO THE BOUNDARY OF SAID LAND SHOW: ON RECORU OF SURVEY SO. 9336: T'dENCE ALOIUG SAID BOUfiDA,SY X3 FOL Lows: SOUTH tjgO 28' 42" WEST, 653.20 FEET TO THE BEGI?('NING OF , FEET, A HADZ.4L LIME TO SAiD POINT BEARS SOUTH 85" 33' 46" EAST SOUTHERLY, ALONG THE ARC Or' SAID CURVE, THROUGH A CENTRAL XNGL OF 10' 16' Ocj", ldd.74 FEET'; THEXCE LEAVISG SAID BOUNDARY, ALON A RADIAL LISE FROM SAID CUZYE, SORTH 73' 17' 40" NEST, 42.OU FEE TO THE POINT OF B5GINNING. NON-TANGENT CURVE CONCAVE X'ESTE3LY AND HAVING A RADIUS OF 1042.01 . ., -4" 12L 'Zm " /79L U1'/179,!4/ 7