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Home My WebLink AboutCT 98-19; Roesch Property Residential Subdivision; Tentative Map (CT) (54)DETISCH & CHRISTENSEN Attorneys at Law Charles B. Christensen '444 West C Street, Suite 200 Donald W. Detisch San Diego, California 92101 Tel. (619) 236-9343 Sean D. Schwerdtfeger Fax (619> 236-8307 e-mail dclaw@adnc.co Of Counsel Harold 0. Valderhaug A*, a. «,i RECEIVED Via Facsimile & U.S. Mail /\JJQ -6 2001 Mr. Thomas C. Farrar Standard Pacific Homes 5750 Fleet Street Carlsbad, California 92008 RE: Parcel Acquisition/License Agreement City of Carlsbad v. Victoria Fernandez Dear Tom: On Friday, August 3, 2001 my client's representative contacted me and informed that she is prepared to execute the License Agreement with Standard on the following terms: Standard will pay the sum of $25,000 to Ms. Fernandez and execute the License Agreement which I enclose. There is one change to the License Agreement which is: End of paragraph 2: The work to be performed on the Property will be in accordance with the Plans approved by the City of Carlsbad and will adhere to the Landscape and Irrigation Plans (Drawing No. 384-L) - (Sheets 3 and 8) Hunsaker and Associates and will be done only on a portion of the property as shown in heavy black dashed lines on Exhibit A attached hereto and incorporated herein. It these changes are acceptable to you, I will have the document signed and delivered to your offices on Monday the 6th of August where I would expect your representative would sign the same. I am assuming that this will conclude the matter. Sincerely, e-t Jbnald W. Detisch, Esq DWD/sll Enclosure(s) cc: Client LICENSE AGREEMENT This License Agreement (hereafter "the Agreement") is entered into this day of 2001, by and between Victoria Fernandez, Trustee of the Fernandez Family Trust UDT dated April 21, 1982 (hereafter referred to as "Licensor") and, Standard Pacific Corporation, a Delaware corporation, (hereafter referred to as "Licensee"). 1. Licensor is the owner of certain real property situated in Carlsbad, California (hereafter referred to as "the Property"), and more particularly described as follows: A portion of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 22, Township 12 South, Range 4 West, SBBM in the County of San Diego consisting of approximately ten (10)+ acres which portion is shown in heavy black dashed lines on Exhibit A attached hereto and made a part hereof. 2. For valuable consideration, receipt of which is hereby acknowledged, Licensor grants to Licensee a license (hereafter referred to as "the License") to perform the following acts on the Property: grading, earth compaction, landscaping and landscape maintenance, installing irrigation systems and irrigation maintenance in accordance with plans approved by the City of Carlsbad. Licensee may not use the Property for any other purpose or business without obtaining Licensor's prior written consent and approval. The work to be performed on the Property will be in accordance with the Plans approved by the City of Carlsbad and will adhere to the Landscape and Irrigation Plans (Drawing No. 384-L) - (Sheets 3 and 8) Hunsaker and Associates and will be done only on a portion of the property as shown in heavy black dashed lines on Exhibit A attached hereto and incorporated herein. 3. This License is personal to Licensee and shall not be assigned. Any attempt to assign the License shall automatically terminate it. No legal title or leasehold interest in the Property is created or vested in Licensee by the grant of this License. 4. Licensor may revoke this License at will by having a written revocation notice delivered to Licensee at least twenty-four (24) hours prior to the termination date. The failure to provide such written revocation shall not void any revocation promulgated by Licensor. This License is terminable at will. Page 1 of 3 5. This license will not be recorded by any party with the County Recorder or the Secretary of State. 6. Licensee, by its acceptance hereof agrees with Licensor that all work to be performed pursuant to said License shall be done: (i) in a good and workmanlike manner, (ii) in compliance and accordance with all and plans and specifications approved by the City of Carlsbad, (iii) in compliance with all rules, regulations, ordinances, and statutes of any regulatory or governing body, (iv) in a prompt manner, (v) done in such a manner as to not unreasonably interfere with the Licensor's quiet use and enjoyment of her Property and, (vi) in a lien-free manner and without cost, expense or charge to Licensor in any form or manner. 7. Licensee will maintain in full force during the term of this License, at Licensee's expense, a policy of comprehensive liability insurance, including property damage which will insure Licensee and Licensor against liability for injury to persons, damage to property, and death of any persons occurring in or about the Property in an amount of at least one million dollars. Licensee shall provide Licensor with a copy of the policy, including an endorsement that states that the policy will not be cancelled except upon ten (10) day's written notice to Licensor. 8. After notice of termination from Licensor, Licensee shall remove all of Licensee's personal property, if any, from the Property and shall surrender possession of the Property to Licensor in good order and repair to the satisfaction of Licensor. 9. Licensee, as a material part of the consideration to be rendered to Licensor under this Agreement, waives all claims against Licensor for damages to all personal property in, on, or about the Property, and for injuries to persons hi or about the Property, from any cause arising at any tune. Further, Licensee agrees to hold Licensor exempt and harmless for and on account of any damage or injury to any person or personal property of any person, arising from: (a) Licensee's use of the Property, or (b) Licensee's failure to keep the Property and surrounding areas clean and in good condition. Licensor shall not be liable to Licensee for any damage by or from any act or negligence of any other occupant of the Property or any occupant of adjoining or contiguous property T .ir.ensee agrees to nay for all damages to the Property as well all damage to any occupants ol the Property and to the property of those occupants caused by Licensee's misuse or neglect of the Property. 10. If any legal action or proceeding including any reasonable preliminary proceedings arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that Page 2 of 3 may be granted, the reasonable attorneys fees, costs, and expenses incurred in the action or proceeding by the prevailing party. "LICENSOR" By:. VICTORIA FERNANDEZ, TRUSTEE "LICENSEE" By:V STANDARD PACIFIC CORPORATION Signature of Authorized Representative Page 3 of 3