Loading...
HomeMy WebLinkAbout1990-05-01; City Council; 10607; Agreement Aviara Land Assoc LPL CIT.- 3F CARLSBAD - AGENDPSILL AB# /& b 07 TITLE: MTG. 5-l-90 AGREEMENT WITH AVIARA LAND ASSOCIATES DEPT.ENG. LIMITED PARTNERSHIP FOR UNCONTROLLED STOCKPILE I RECOMMENDED ACTION: Adopt Resolution No.qr) -I %s , approving an Uncontrolled Stockpile Agreement with Aviara Land Associates Limited Partnership ITEM EXPLANATION: Aviara Land Associates Limited Partnership has applied for a grading permit to place excavated material from their property owned by Aviara Land Associates Limited Partnership. Carlsbad Municipal Code Section 11.06.105 requires grading permit applications which involve such uncontrolled stockpiles to be accompanied by an Uncontrolled Stockpile Agreement executed by the property owner. City Council must approve the agreement prior to issuing the permit. The excavated material will be generated from excavations occurring on the proposed hotel site, Planning Area 12 and Planning Area 16. This grading is permitted under the previously approved Phase I development of Aviara. Grading of this material was halted last year due to the onset of the rainy season and because the required stockpile agreement had not been approved by the City. The proposed stockpile site is located on Planning Area 24B in the northwest corner of the Aviara Master Plan within the Phase II portion of Aviara. No development entitlements have been approved for this site; however, the area was previously permitted to receive grading fill to accommodate the construction of Alga Road. Environmental review was conducted on the proposed fill site as part of the master plan and the construction of Alga Road. Since stockpile is located entirely within the development area shown the Aviara Environmental Impact Report, staff believes further environmental review is unnecessary as prior compliance can be found. Staff is recommending approval of this stockpile agreement at this time in order to accomplish the grading in advance of the construction of Alga Road. Staff believes such grading is fully in compliance with the purpose and intent of the Aviara Master Plan and, if completed in advance of paving of Alga Road, will reduce the deleterious effects of having to haul the material over newly constructed City streets. The purpose of the agreement is to ensure that the City is held harmless from liability for the stockpile and to have the property owner acknowledge that a building permit will not be issued for the property unless a special soils analysis and foundation design are submitted. ENVIRONMENTAL REVIEW: The grading to be preformed as a consequence of this stockpile agreement has been found to be in conformance with the previously approved Environmental Impact Report 83- - PAGE -IWO OF AB# /@ 6 0 7 FISCAL IMPACT: The applicant will pay grading fees that will cover the costs of the City’s review of plans and monitoring of the proposed grading. EXHIBlTS: 1. 2. Location Map. Resolution No. 9 0 - 12.5 approving an Uncontrolled Stockpile Agreement with Aviara Land Associates Limited Partnership. 3. Uncontrolled Stockpile Agreement with Aviara Land Associates Limited Partnership. . PALOMAR AIRPORT ‘ACIFIC ICEAN LEUCADIA LOCATION MAP AVIARA STOCKPILE I EXHIBIT 1 RESOLUTION NO. 90-125 1 A RESOLUTION OF THE CITY COUNCIL OF THE CR-Y OF 2 CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR 3 UNCONTROLLED STOCKPILE WITH AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP. 4 ’ 5- / WHEREAS, Aviara Land Associates Limited Partnership has submitted a request for 6 approval of an agreement for uncontrolled stockpile of excess material generated by the grading 7 of projects within the Pacific Rim Tentative Map Area (CT 85-35), and a WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 9 interest to approve said agreement; 10 NOW THEREFORE, BE lT RESOLVED by the City Council of the City of Carlsbad, 11 California, as follows: 12 1. -That the above recitations are true and correct. 13 2. That the agreement for uncontrolled stockpile with Aviara Land Associates Limited 14 Partnership which is on file with the City Clerk and is incorporated by this reference is approved. 15 3. 16 That the City Clerk is hereby authorized to cause the original agreement to be 17 recorded in the Office of the County Recorder of San Diego County, State of California. ia PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 19 held on the lSt day of MAY , 1990 by the following vote, to wit: 20 AYES: Council Members Lewis, Kulchin, Mamaux, Larson & pettine 21 NOES: None 22 ABSENT: None 23 CLAUDE A. LEWIS, Mayor 24 ATTEST: 25 #ah. ALETHA L. RAUTENKRANZ, City Clerl& 26 (SEAL) 27 II 28 .- MAY 9, 1990 TO: CITY ENGINEER FROM: City Attorney UNCONTROLLED STOCKPILE AGREEMENT FORAVIARA LAND ASSOCIATES LIMITED PARTNERSHIP The attached agreement cannot be approved by the City Attorney until it is signed by the owner and developer. Also, the agreement should have been signed by the owner and developer prior to the City Council's approval on May 1, 1990, pursuant to Carlsbad Municipal Code Section 11.06.105. However, since Council action has already been taken, the City Attorney will approve the agreement if the owner and developer correctly sign and notarize the agreement. Please note that the president or the vice-president and the secretary or the assistant secretary must sign for each corporation. Alternatively, one signature will suffice for each corporation if a corporate resolution is attached verifying the authority of that officer to sign the agreement. KAREN J. RIRATA Deputy City Attorney afd attachment -. RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: City of Carlsbad i 1200 Elm Avenue Carlsbad, California 92008 Space above this line for Recorder's use Documentary transfer tax: $ ,No fee Signature of declarant determining tax firm Name City of Carlsbad Parcel No. 215-040-16 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE THIS AGREEMENT is,entered into this day of- , 19 I by and between Aviara Land Associates Limited Partnership (Name of Developer) a Delaware Limited Partnership (Corporation, partnership, etc.) hereinafter referred to llDeveloperll whose address is 7707 El Camino Real, (Street) Carlsbad, California 92008 (City, state, zip code) I and Aviara Land Associates Limited Partnership (Name of Legal Owner) I A Delaware Limited Partnership (Corporation, etc) I Hereinafter referred to as llOwnertl whose address is 7707 El Camino Real (Street) I Carlsbad. California, 92009 (City, state, zip code) I 1 AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as mCITY,1' whose address is 1200 Elm Avenue, Carlsbad, California 92008. RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit rlA" I attached to and made a part of this agreement, and hereinafter referred to as "Property"; and WHEREAS, the property lies within the boundaries of City; and WHEREAS, Developer wishes to stockpile 200,000 cubic yards on Owners property (Exhibit A); and WHEREAS, Owner acknowledges that as an uncontrolled stockpile the site is not eligible for a building permit unless special soils analysis and foundation design are submitted and approved; and WHEREAS, Developer acknowledges that the grading shall be done and maintained in a safe and sanitary manner at the sole cost, risk and responsibility of Developer or his successors in interest: and WHEREAS, Owner and Developer acknowledge that granting of the uncontrolled stockpile permit and associated grading permit is being done by the City of Carlsbad in advance of development entitlement for subject property; and WHEREAS, the grading or stockpiling shall be constructed in accordance with plans approved by the City Engineer. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agrees as follows: 1. Developer and Owner agrees to indemnify and to hold the 2 City of Carlsbad and any of its agencies or employees harmless from any liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by his actions or inactions or resulting from or arising out of the design, construction, or maintenance of the uncontrolled stockpile. costs shall include all costs of defense, settlement, judgments, arbitrations or other costs associated with resolution of any claim or cause of action claimed or filed against the City." 2. Owner and Developer agree that should development entitlement not be granted for subject property within three years of the date of the agreement the uncontrolled stockpile may be required to be removed in its entirety and the area subjected to the uncontrolled stockpile returned to a natural condition as determined by the Planning Director. 3. This agreement shall be approved by the City Council and recorded by the City Clerk in the Office of the County Recorder as an obligation upon land involved. 4. This notice shall remain in effect until a release of this agreement if filed by the City Engineer. 5. This agreement is binding on all heirs, successors or assigns having an interest in all or part of the real property /I/ /// /// /// /// I// /// 3 . described herein and set up the agreement to be recorded in the office of the San Diego County Recorder. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written. OWNER/DEVELOPER Aviara Land Associates Limited Partnership, A Delaware Limited Partnership BY: Aviara Land Company, By: Republic Development Co., A Delaware Corporation, A California Corporation, A General.Partner A General Partner BY; By: Title: Title: BY: BY: Title: Title: ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California ALETHA. L RAUTENKRANZ BY City Manager APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney BY: Deputy City Attorney (Notarial Acknowledgement of execution by DEVELOPER and OWNER must be attached.) 4 Exhibit uAul Legal Description BEING A PORTION OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF.