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HomeMy WebLinkAboutPD 466; LA COSTA GOLF FAIRWAY 4; Engineering ApplicationCITY OF tARLSBAD - ENGINEERINcEPARTMENT APPLICATION FOR ENGINEERING PLANCHECK OR PROCESSING Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: La Costa Golf Resort DATE: 1-22-97 PROJECT DESCRIPTION: Slope Reconstruction PROJECT ADDRESS: La Costa _Avenue _near Viejo Castilla _Way LOT NO(S).: MAP NO.: 216 -130-45 OWNER: LaCostaResortandSpa APPLICANT: LaCostaResortandSpa Mailing Address: CostaDelMarRoad Mailing Address: CostaDelMarRoad Carlsbad,CA 92009 Carlsbad,CA 92009 Phone Number: (619)_438-9111 Phone Number: (_619 _438-9111 I certify that I am the legal, owner and that all the above information is true and correct to the best of my knowledge. I certify that I am the agent of the legal owner and that all information on this sheet is true aje correct to the best of my knowledge. )aj-1 Signature Date CIVIL ENGINEER: Roger L,Ball SOILS EN_NE_R%il_jamE. Ellis, G.E. Firm: Rick Engineering Company Firm: Shepardson Engineering Associates Mailing Address: 5620 Friars Road Mailing Address: 10035 Prospect Avenue - San Diego, CA 92110 Santee, CA 92071 Phone Number: ( 619 ) 291-0707 Phone Number: (619 ) 449-9830 State Registration Number: State Registration Number: LANDSCAPE ARCHITECT: COMMENTS:Slope repair of Firm: To Be Appointed existing slope adjacent to homes along Fairway No. 4 Mailing Address: Phone Number: State Registration Number: NO. OF DWELLING UNITS:0 LFMP ZONE: 0 NO. OF LOTS: 0 NO. OF ACRES: 0 IMPROVEMENT VALUATION: sewer, water & reclaimed water:None Water District (circle one): WaterDistrj Olivenhain Vallecitos streets and drainage: 0 landscape: $38,080 GRADING QUANTITIES: 11,000 CY cut 0 cy fill 11,000 cy remedial 0 cy import/export 11.000 cy PLEASE CHECK OFF APPLICATION TYPES ON REVERSE SIDE P:\DOCS\MISFORMS\FRM00063 REV 04/28/95 Fina rading Plancheck I'D 44f 353*Tf1 I I 'El Landscape Plancheck El Parcel Map 0 Quitclaim of Easement Type Type i: Reversion to Acreage I RTA 0 Street Vacation [ IM: STY O N MM gap M PIR O Tentative Parcel Map o Certificate of Correction DCovenantfor Easement OV 0 Substantial Conformance Exhibit A A?r I P1 REV 04/28/95 It I ACCESS AND CONSENT AGREEMENT This ACCESS AND CONSENT AGREEMENT ("Agreement"), dated September Q 1998, is entered into by and between LA COSTA HOTEL AND S CORPORATION, a California corporation ("La Costa") and 1-L-oYl -iM. ('Homeowner"). RECITALS: A. Homeowner owns that certain residential property commonly known as, 2804 La Costa Ave. ,Carlsbad, California 92009 (the "Homeowner Property"). B. La Costa owns that certain property commonly known as La Costa Resort and Spa (the "La Costa Property"). The La Costa Property includes a slope and adjacent areas which adjoin the rear of the Homeowner Property (the "Slope"). The Slope has experienced some surficial failure. As a result, the Slope requires repair and stabilization (the "Slope Repairs"). C. While La Costa believes it is not responsible or liable for the Slope failure, it is willing to make the Slope Repairs provided all the homeowners whose property adjoins the Slope, including the Homeowner, execute access and consent agreements on terms acceptable to La Costa. Once La Costa receives all such executed agreements, La Costa intends to have the repair plans prepared and approved by the City of Carlsbad, and the Slope Repairs made. NOW, THEREFORE, for and in consideration of the foregoing recitals, and other good invaluable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Access. Homeowner hereby consents to La Costa's employees, contractors and agents entering onto the Homeowner Property for the purpose of making the Slope Repairs and work related and/or incidental thereto. 2. Slope Repairs. Homeowner hereby agrees that La Costa may do the following work on the Homeowner Property: (i) remove and replace soil running along the top of the Slope up to approximately 10 feet into the Homeowner Property from the top of the Slope; (ii) remove any and all landscaping and improvements on the Homeowner Property as needed in connection with the Slope Repairs. Except as set forth in the License Agreement, La Costa will replace such landscaping and improvements at its own cost with identical and/or substantially similar landscaping/improvements; 3. Review of Plans. Upon the completion of the plans for the Slope Repairs, La Costa will provide Homeowner with written notice that Homeowner may review and provide c I . comments to the plans. La Costa shall make said plans available to Homeowner during normal business hours for ten (10) business days following the mailing of said notice. La Costa will consider any comments given by the Homeowner, but has sole and absolute discretion to decide whether or not to incorporate those comments into the repair plans. 4. Drainage. Notwithstanding any repairs made by La Costa to the Slope, Homeowner remains responsible for drainage on the Homeowner Property. Homeowner shall install and/or maintain, at Homeowner's own cost, adequate drainage on the Homeowner Property which shall include, without limitation, drainage and drainage systems which direct all surface water to the Street or to the lined ditch that will be constructed by La Costa as part of the Slope repairs. Moreover, Homeowner shall maintain and repair all storm drains, irrigation and other water pipes, area drain, swimming pools, ponds and other similar equipment or improvements which collect, contain or remove water on the Homeowner Property and which possibly could cause and/or result in water reaching and/or infiltrating the Slope. 5. Attorney's Fees. In the event any action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, arising out of a breach of this Agreement, involving claims within the scope of the releases contained in this Agreement, or pertaining to a declaration of rights under this Agreement, the prevailing party shall recover all of such party's reasonable attorney's fees and costs incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom. 6. No Admission of Liability. The parties hereto explicitly acknowledge that, by entering into this Agreement, no party admits or acknowledges the existence of any liability or wrongdoing. 7. Binding Upon Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of successors and assigns of the parties hereto. 8. Warranty of Authority. Homeowner represents and warrants that Homeowner owns the Homeowner Property and that no other person or entity has any interest in said property. 9. No Representation or Warranty. No party has made any statement or representation to any other party regarding any fact, plan or intention, which statement or representation is relied upon by any other party in entering into this Agreement, and no party to this Agreement has relied upon any statement, representation or promise of any other party not expressly contained herein. -2- I . 10. Counterparts. This Agreement may be executed in one or more counterparts, each of which when executed and delivered shall be an original, and all of which when executed shall constitute one and the same instrument. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date set forth below. LLoJ:PAUL OEil~A "Homeowner" "La Costa" LA COSTA HOTLNI SPA CORPORATION, a California corFQ7 TaIShi Kknos t1' President -3- . S ACCESS AND CONSENT AGREEMENT This ACCESS AND CONSENT AGREEMENT ("Agreement"), dated September/, 1998, is entered into by and between LA COSTA HOT EJL AND SPA CORPORATION, a California corporation ("La Costa") and )j ("Homeowner"). RECITALS: A. Homeowner owns that certain residential property commonly known as, 2742 La Costa Ave. ,Carlsbad, California 92009 (the "Homeowner Property"). B. La Costa owns that certain property commonly known as La Costa Resort and Spa (the "La Costa Property"). The La Costa Property includes a slope and adjacent areas which adjoin the rear of the Homeowner Property (the "Slope"). The Slope has experienced some surficial failure. As a result, the Slope requires repair and stabilization (the "Slope Repairs"). C. While La Costa believes it is not responsible or liable for the Slope failure, it is willing to make the Slope Repairs provided all the homeowners whose property adjoins the Slope, including the Homeowner, execute access and consent agreements on terms acceptable to La Costa. Once La Costa receives all such executed agreements, La Costa intends to have the repair plans prepared and approved by the City of Carlsbad, and the Slope Repairs made. NOW, THEREFORE, for and in consideration of the foregoing recitals, and other good invaluable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Access. Homeowner hereby consents to La Costa's employees, contractors and agents entering onto the Homeowner Property for the purpose of making the Slope Repairs and work related and/or incidental thereto. 2. Slope Repairs. Homeowner hereby agrees that La Costa may do the following work on the Homeowner Property: (i) remove and replace soil running along the top of the Slope up to approximately 15 feet into the Homeowner Property from the top of the Slope; (ii) remove any and all landscaping and improvements on the Homeowner Property as needed in connection with the Slope Repairs. Except as set forth in the License Agreement, La Costa will replace such landscaping and improvements at its own cost with identical and/or substantially similar landscaping/improvements; 3. Review of Plans. Upon the completion of the plans for the Slope Repairs, La Costa will provide Homeowner with written notice that Homeowner may review and provide comments to the plans. La Costa shall make said plans available to Homeowner during normal business hours for ten (10) business days following the mailing of said notice. La Costa will consider any comments given by the Homeowner, but has sole and absolute discretion to decide whether or not to incorporate those comments into the repair plans. 4. Drainage. Notwithstanding any repairs made by La Costa to the Slope, Homeowner remains responsible for drainage on the Homeowner Property. Homeowner shall install and/or maintain, at Homeowner's own cost, adequate drainage on the Homeowner Property which shall include, without limitation, drainage and drainage systems which direct all surface water to the street or to the lined ditch that will be constructed by La Costa as part of the Slope repairs. Moreover, Homeowner shall maintain and repair all storm drains, irrigation and other water pipes, area drain, swimming pools, ponds and other similar equipment or improvements which collect, contain or remove water on the Homeowner Property and which possibly could cause and/or result in water reaching and/or infiltrating the Slope. 5. Attorney's Fees. In the event any action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, arising out of a breach of this Agreement, involving claims within the scope of the releases contained in this Agreement, or pertaining to a declaration of rights under this Agreement, the prevailing party shall recover all of such party's reasonable attorney's fees and costs incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom. 6. No Admission of Liability. The parties hereto explicitly acknowledge that, by entering into this Agreement, no party admits or acknowledges the existence of any liability or wrongdoing. 7. Binding Upon Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of successors and assigns of the parties hereto. 8. Warranty of Authority. Homeowner represents and warrants that Homeowner owns the Homeowner Property and that no other person or entity has any interest in said property. 9. No Representation or Warranty. No party has made any statement or representation to any other party regarding any fact, plan or intention, which statement or representation is relied upon by any other party in entering into this Agreement, and no party to this Agreement has relied upon any statement, representation or promise of any other party not expressly contained herein. -2- I . 10. Counterparts. This Agreement may be executed in one or more counterparts, each of which when executed and delivered shall be an original, and all of which when executed shall constitute one and the same instrument. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date set forth below. "Homeowner" 2 7€L "La Costa" LA COSTA FpTLr-2VD SPA CORPORATION, a Califvni 7brp6ratkoii Byr___________ Takesth.' President -3- . . ACCESS AND CONSENT AGREEMENT This ACCESS AND CONSENT AGREEMENT ("Agreement"), dated Mii?L\ &i, , 2000, is entered into by and between LA COSTA HOTEL AND SPA CORPORATION, a California corporation ("La Costa') and The Leonard and Carolyn Silver Revocable Trust dated October 26, 1998 ("Homeowner"). RECITALS: A. Homeowner owns that certain residential property commonly known as, 2616 La Costa Ave., Carlsbad, California 92009 (the "Homeowner Property"). B. La Costa owns that certain property commonly known as La Costa Resort and Spa (the "La Costa Property"). The La Costa Property includes a slope and adjacent areas which adjoin the rear of the Homeowner Property (the "Slope"). The Slope has experienced some surficial failure. As a result, the Slope requires repair and stabilization.(the "Slope Repairs"). C. While La Costa believes it is not responsible or liable for the Slope failure, it is willing to make the Slope Repairs provided all the homeowners whose property adjoins the Slope, including the Homeowner, execute access and consent agreements on teriis acceptable to La Costa. Once La Costa receives all such executed agreements, La Costa intends to have the repair plans prepared and approved by the City of Carlsbad, and the Slope Repairs made. NOW, THEREFORE, for and in consideration of the foregoing recitals, and other good invaluable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Access. Homeowner hereby consents to La Costa's employees, contractors and agents entering onto the Homeowner Property for the purpose of making the Slope Repairs and work related and/or incidental thereto. 2. Slope Repairs. Homeowner hereby agrees that La Costa may do the following work on the Homeowner Property: (i) remove and replace soil running along the top of the Slope up to approximately three (3) feet, or further as may be required to make the Slope Repairs, into the Homeowner Property from the top of the Slope; and (ii) remove any and all landscaping and improvements on the Homeowner Property as needed in connection with the Slope Repairs. Except as set forth in that certain License Agreement which accompanies this Agreement, La Costa will replace such landscaping and improvements at its own cost with identical and/or substantially similar landscaping/improvements; . . Notwithstanding anything in this Agreement to the contrary, in connection with its making the Slope Repairs, La Costa: (a) shall not remove, destroy or damage any portion of the Homeowner's swimming pool installation, associated piping or swimming pool bridge; and (b) shall, at its own expense, immediately upon removal of the current fence, erect a temporary construction fence which completes the enclosure of the swimming pool to meet any City of Carlsbad or other governmental swimming pool enclosure requirements. 3. Review of Plans. Upon the completion of the plans for the Slope Repairs, La Costa will provide Homeowner with written notice that Homeowner may review and provide comments to the plans. La Costa shall make said plans available to Homeowner during normal business hours for ten (10) business days following the mailing of said notice. La Costa will consider any comments given by the Homeowner, but has sole and absolute discretion to decide whether or not to incorporate those comments into the repair plans. 4. Drainage. Notwithstanding any repairs made by La Costa to the Slope, Homeowner remains responsible for drainage on the Homeowner Property. Homeowner shall install and/or maintain, at Homeowner's own cost, adequate drainage on the Homeowner Property which shall include, without limitation, drainage and drainage systems which direct all surface water to the street or to the lined ditch that will be constructed by La Costa as part of the Slope repairs. Moreover, Homeowner shall maintain and repaix all storm drains, irrigation and other water pipes, area drain, swimming pools, ponds and other similar equipment or improvements which collect, contain or remove water on the Homeowner Property and which possibly could cause and/or result in water reaching and/or infiltrating the Slope. Repairs to any leaking pipes on the Homeowner Property (there are and will be no piphin the boundaries of either the Current Improvement or the New Improvement as the'1érms are defined in the License Agreement) will be made promptly by the Homeowneit(discovery of any such leakage. If Homeowners is not at the Homeowner Property when any such leakage is detected by La Costa, La Costa may enter the Homeowner Property to repair such leakage at Homeowners expense. However, La Costa has no obligation to do so. 5. Arbitration of Disputes. In the event of a dispute or a question of interpretation between the parties arising out of, or relating to the provisions of this Agreement, either such party may cause the same to be referred to binding arbitration in San Diego, California, to be administered by and to be in accordance with the then prevailing rules of the American Arbitration Association. The decision of such arbitrator in this matter shall be final and conclusive upon the issue or issues in question. -2- I S 6. Attorney's Fees. In the event any action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this Agreement, arising out of a breach of this Agreement, involving claims within the scope of the releases contained in this Agreement, or pertaining to a declaration of rights under this Agreement, the prevailing party shall recover all of such party's reasonable attorney's fees and costs incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions therefrom. 7. No Admission of Liability. The parties hereto explicitly acknowledge that, by entering into this Agreement, no party admits or acknowledges the existence of any liability or wrongdoing. 8. Binding Upon Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of successors and assigns of the parties hereto. 9. Warranty of Authority. Homeowner represents and warrants that Homeowner owns the Homeowner Property and that no other person or entity has any interest in said property. 10. No Representation or Warranty. No party has made any statement or representation to any other party regarding any fact, plan or intention, which statement or representation is relied upon by any other party in entering into this Agreement, and no party to this Agreement has relied upon any statement, representation or promise of any other party not expressly contained herein. 11. License Agreement. This Agreement shall become operative only if and when the License Agreement, referred to in Paragraph 2 (ii) above, has been signed by both parties hereto. 12. Counterparts. This Agreement may be executed in one or more counterparts, each of which when executed and delivered shall be an original, and all of which when executed shall constitute one and the same instrument. I . IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date set forth below. 'Homeowner' 2Ek Leonard Silver, Trustee* 'r 24 Carolyn Silver, Trustee * * of the Leonard and Carolyn Silver Revocable Trust dated October 26, 1998 "La Costa" LA COSTA HO]7EL SPA CORPORATION, a California cI-i4 rat' on -' By: c .7 Takesh4iios ita " President -4-