HomeMy WebLinkAboutLevy Jr, John C.; 2023-07-17;1
GATE ACCESS AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND JOHN C. LEVY, JR
This Gate Access Agreement (“Agreement”) is made between the City of Carlsbad, a
California charter city (“City”) and John C. Levy, Jr., the legal owner of fee interest in 2401 Mountain View Drive, Carlsbad, California (“Grantor”). The City and the Grantor are sometimes referred to in this Agreement collectively as the “Parties.”
Recitals
A. On August 7, 1984, the City was granted an irrevocable offer to dedicate a public access easement and declaration of restrictions (“Offer”) by the then legal owner of fee interest in certain properties located in the County of San Diego, State of California, commonly known as Assessor Parcel Nos. 203-
010-018 and 203-010-021, and a portion of Assessor Parcel No. 203-010-020, described more particularly in the attached Exhibit A (“Property”), recorded in the Office of the County Recorder of San Diego
County, California on August 15, 1984, as Document No. 2005-0579627. B. The City accepted the Offer on June 30, 2005 (“Acceptance”), recorded in the Office of the County Recorder of San Diego County on July 11, 2005, as Document No. 2005-0579627. C. The public has a perpetual right to access the Property and the City has a perpetual, ongoing need to access the Property to provide public safety and inspection services, consistent with the terms and
conditions of the Offer. D. The Grantor installed an automatic gate that requires an access code for vehicle access to the Property and vehicular use of the public access easement. The Grantor has provided the needed gate access code to the City. E. The City’s vehicular use of the public access easement has resulted in the limited accumulation of
sediment on and across the public access easement. To mitigate the City’s limited impact to the public access easement, the City will provide intermittent street sweeping services, at a time and frequency determined at the sole discretion of the City, to the paved portion of the public access easement (“Limited Road Maintenance”).
Now, therefore, the Parties agree as follows: 1. The Grantor represents and warrants that the Grantor has the full legal authority to bind the Grantor to the terms and conditions of this Agreement. 2. The Grantor will continue to provide the correct gate access code to City staff for continued vehicular
access to the public access easement and will promptly notify the City of any changes, if any, to such gate access code. 3. The City will provide Limited Road Maintenance without charge to the Grantor for a ten year period. 4. The Grantor understands and agrees that the City will provide the Limited Road Maintenance only to mitigate the City’s vehicular use of the public access easement, and that the City does so without
assuming any responsibility for the repair or maintenance of the public access easement on the Property. The City does not assume the duty to maintain or repair any portion of the Property, nor will the City be liable for the failure of the Grantor, or any other interest holder in the Property, to maintain or repair the Property. The Grantor expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the California Civil Code, which provides as follows: “A general release does not
extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” 5. The Grantor agrees to release, indemnify, defend and hold the City of Carlsbad, its officials (appointed and elected), officers, employees, agents, volunteers and independent contractors harmless and free
from any and all liability of any nature resulting directly or indirectly from the Limited Road Maintenance, including but not limited to liability for any and all demands, damages, claims, suits, liens and
DocuSign Envelope ID: 369DBF05-0C01-408E-AD5B-1899B2FEB871
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judgments, including costs and attorney fees, of whatever nature, or for injury or death of any person, damage to property, or interference with the use of Property, arising from or in connection with the Limited Road Maintenance.
6. This Agreement is governed by the laws of the State of California. Venue for all actions arising from this Agreement must be exclusively in the state courts located in north San Diego County, California. This Agreement may be executed in counterparts, each of which shall constitute the same instrument.
[Signatures on following page]
DocuSign Envelope ID: 369DBF05-0C01-408E-AD5B-1899B2FEB871
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I HAVE CAREFULLY READ THIS AGREEMENT AND WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION AND FULLY UNDERSTAND ITS CONTENT AND MEANING. I AM AWARE THAT THIS AGREEMENT IS A RELEASE OF LIABILITY AND AN AGREEMENT BETWEEN ME, JOHN C. LEVY, JR.,
AND THE CITY OF CARLSBAD.
JOHN C. LEVY, JR.
Date:
Signature
Name and Title (please print)
CITY OF CARLSBAD
Date:
Signature
Scott Chadwick, City Manager
APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney
BY: _____________________________ Deputy City Attorney
DocuSign Envelope ID: 369DBF05-0C01-408E-AD5B-1899B2FEB871
John Levy owner
7/14/2023
7/17/2023
Scott Chadwick
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Exhibit “A”
Property Description
Lots 2 & 3 of Carlsbad Tract Number 81-35, Map No. 11007, filed in the Office of the County Recorder
of San Diego on July 27, 1984, Recorder’s File No. 84-286-096, and as shown below for reference purposes:
DocuSign Envelope ID: 369DBF05-0C01-408E-AD5B-1899B2FEB871
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