HomeMy WebLinkAboutPS 04-125; Seasonal Adventures; Sign Permits/Programs (PS)I
City of Carlsbad
Carlsbad, CA 92008
(760) 602-4600
* 1 63 5 Faraday Avenue
/ DATE d?-b3-e
SIGN PROGRAM FEE
SIGNFEE dL/ 0
RECEIPT NO.
REVIEW FOR SIGN PERMIT
Planning Department
All plans submitted for sign pennits/sign programs shall consist of a minimum of a site plan and sign
elevations containing the following information:
1. North arrow and scale,
2.
3.
4.
5.
Location of existing buildings or structures, parking areas, and vehicular access points to the
property.
Location of all existing and proposed signs for the property.
Distance to the property line(s) for all proposed freestanding sign@).
Provide an elevation for all proposed sign(s) which specifies the following:
A.
B.
C. Source of Illumination.
D. Proposed sign copy.
Dimensions and area for all existing and proposed sign(s).
Materials the sign(s) will be constructed of.
APPLICANT MUST SUBMIT THREE (3) SETS OF SIGN/SITE PLANS, A COMPLETED
APPLICATION FORM, AND THE APPLICATION FEE.
The apalication must be submitted prior to 4:OO p.m. Average processing time: 2 weeks
ASSESSOR PARCEL NUMBER: 21z-640 -by
RELATED PLAN-NING CASE NUMBER(S): -fSL O+O/
TYPE OF DEVELOPMENT:
(a) Residential (e) Service Station (i) Public Park
(b) Commercial (f) Prof. Care 0) Produce Stand
(c) Office/Industrial (g) Theater (k) Nursery
(d) HoteVMotel (h) Govt/Church (1) P-U/OS Zone
SIGN PROGRAM AND/OR
SPECIFIC PLAN CRITERIA Yes0 No Specific Plan Number
VILLAGE REDEVELOPMENT AREA Yeso No Requires VR Approval
SIGN ORDINANCE:
COASTAL ZONE: Yesa No @
Form 10 Revised 01/04 Page 1 of 3
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I
MAXIMUM
SIGN
AREA
EXISTING SIGNS:
PROPOSED MAXIMUM PROPOSED7
SIGN SIGN SIGN
AREA HEIGHT HEIGHT
Freestanding (Project
Identity)
PERMITS ISSUED FOR EXISTING SIGNS: Yes No 0 Date
PROPOSED PERMANENT SIGNS:
ALLOWED
Monument 1
Wall I
Suspended I
Directional I
canopy
Freestanding
(Project t Identity)
NUMBER
PROPOSED
PROPOSED TEMPOIURY SIGNS:
Form 10 Revised 01/04 Page 2 of 3
EXISTING SIGN PROGRAMS OR SPECIFIC PLAN SIGN CRITERIA
TOTAL BUILDING STREET FRONTAGE ft.
TOTAL SIGNAGE ALLOWANCE sq. ft.
EXISTING SIGNAGE (SQ. FT.) sq. ft.
REMAINING SIGN ALLOWANCE AT PRESENT sq. ft.
PROPOSED SIGNAGE (SQ. FT.) sq. ft.
REMAINING SIGN ALLOWANCE AFTER PROPOSED SIGN sq. ft.
\ I
OWNER
NAME (PRINT OR TYPE)
MAILING ADDRESS w
APPLICANT
NAME (PRINT OR TYPE)
MAILING ADDRESS
CITYANDSTATE ZIP TELEPHONE
I CERTIFY THAT I AM THE REPRESENTATIVE OF THE
TION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
LEGAL OWNER AND THAT ALL THE ABOVE INFORMA-
SIGNATURE DATE
PLANNER CHECK LIST:
1. Field check by planner.
2. Within maximum length, area.
3.
4. Location: *:* In right-of-way
5.
Style consistent with Sign Program and/or Specific Plan criteria, if applicable.
In visibility triangle at comer *:e
Pole and monument signs to be checked by Traffic Engineering, for visibility issues.
When approved route copy to D
Date: 0qH63 '"7
6.
APPROVED:
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Form 10 Revised 01/04 Page 3 of3
ll
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City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
Applicant: BURTON WHITNEY
Description Amount
PS040125 40.00
Receipt Number: ROO44904
Transaction Date: 09/03/2004
Pay Type Met hod Description Amount __________ __________ ____--____---___ --__------
Payment Credit Crd VISA 40.00
Transaction Amount: 40.00
.
TEMPORARY LAND USE LICENSE
BASIC TERMS: The following terms shall have the following meaning through this License:
1. Premises: KellylJRM Palomar Airport Road
2. Address : SEQ Palomar Airport Road and Aviara Parkway Carlsbad, CA.
92008
3. Owner: Kelly/JRM Palomar Airport Road I, LLC
4. Licensee Seasonal Adventures
5. Term 68 days subject to Owner‘s right to terminate this License should
(i) Licensee fail to comply with any of the terms hereunder or any imposed by any and all Regulatory
Agencies, (ii) there be any code violation notice from any regulatory agency, (iii) Licensee fails to provide
Owner with evidence satisfactory to Owner (in its sole and absolute discretion) of payment for any and all
goods or services procured by Licensee in connection with its activities as permitted hereunder during the
pendency of this License. In the event of such termination, Owner shall be entitled to the entirety of
consideration as described below.
6. Fees & Security Deposits: Licensee shall pay Owner $4,000 upon execution
of this Agreement as consideration for the temporary use of Owner‘s property (“Premises”) in accord with
Exhibit “A” attached hereto and made part hereof. In addition, Licensee shall pay to Owner a $1,000
Security Deposit. Security Deposit is an allowance and is no way intended to limit Licensee’s liability as set
forth in this License agreement.
Seasonal Adventures (hereinafter referred to as Licensee) is hereby authorized by Kelly/JRM Palomar Airport
Road I, LLC (hereinafter referred to as Owner) to temporarily occupy the southeast corner of Palomar Airport
Road and Aviara Pkwy. in Carlsbad, CA. for the purpose of selling pumpkins and Christmas trees beginning
on September 3, 2004 and ending December 31, 2004, subject to the terms and conditions set forth herein.
TERMS AND CONDITIONS
1 .’ (a) Use of Premises:
Licensee agrees that Premises may be used only for the Licensee’s sale of pumpkins and
Christmas trees and for no other purpose without Owner‘s prior written consent which Owner
ordinances, orders and regulations affecting the Premises and Licensee’s intended use.
Licensee shall not do or permit anything to be done in or about the Premises, or bring or keep
anything in, on or about the Premises that in any way increases Owner’s cost of insurance
premiums increase as a result of Licensee’s temporary use of the Premises, whether during
the term of this License or thereafter, Licensee shall be liable for any such increase. Owner
shall have the right to take from Licensee’s Security Deposit, any such sum of monies to cover
I
I 1 may withhold in its sole and absolute discretion. Licensee shall promptly comply with all laws,
I
I
I i upon the Premises. In the event, for any reason whatsoever, that Owner’s insurance !
such costs. In the event that the remainder of Licensee’s Se
1
C\JRMQIE\PROJECIS\KELLY JRMCP’ALOh4AR\LEGAL\Temp.Use License_Pumpkins_Xmas Tkes(5)-Sept. 1,200 .do v
cover such costs, Licensee shall deliver remaining balance to Owner within 5 days of Owner‘s
written request therefore. Failure of Licensee to make payment as described herein shall
constitute a material default hereunder whereupon this license shall become immediately
revoked without any further action of Owner or Licensee.
I. (b) City Permits:
Licensee shall obtain at it‘s sole cost all necessary permits from the City of Carlsbad and any
and all other governmental or quasi-governmental authorities having jurisdiction over the
Premises, hereinafter “Regulatory Agencies,” and all necessary permits from any Regulatory
Agencies having jurisdiction over Licensee’s intended use. Such permits shall include but not
be limited to the following: signage, water and electrical on site generators.
2. Assignment and Subletting:
Licensee shall not assign this License or any interest in the License, the use of Premises by
any person or persons other than Licensee, or sublet the Premises without Owner‘s
Permission, which Owner may withhold in its sole and absolute discretion.
3. DestructionlAlterations of Premises:
In the event of partial or total destruction of the Premises, Owner s hall h ave no I iability o r
responsibility in connection with Licensee’s personal property at the Premises. Licensee shall
not make any alterations to the Premises without prior written Owner approval.
4. Waiver of Claims - indemnity
To the fullest extent p ermitted by I aw, the Licensee shall indemnify, protect, defend (with
legal counsel acceptable to Owner) and save Owner and its officers, directors, partners,
shareholders, employees, affiliates, parents and subsidiaries, successors and assigns and
each of them (“Owner’s Indemnitees”) from and against any and all claims, actions,
damages, I iabilities a nd expenses, i ncluding b ut n ot I imited to reasonable attorneys’ fees,
arising from or out of any occurrence in connection with Licensee’s obligations hereunder,
provided that any such claim, damage, loss or expense (“Claims“) is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction’of tangible property including
the loss of use resulting therefrom, but only to the extent caused in whole or in part by any
negligent acts or omission(s) of the Licensee, its Subcontractor(s), anyone directly or
indirectly employed by them or anyone for whose acts they may be liable, regardless of
whether or not such claim, damage, loss or expense is caused in part by a party indemnified
hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights
or obligations of indemnity which would otherwise exist as to a party or person described in
this paragraph. Licensee shall not be obligated under this Agreement to indemnify Owner or
Owner’s lndemnitees for Claims arising from the gross negligence or willful misconduct of
Owner or Owner’s Indemnitees. The indemnification obligation under this paragraph shall not
be-limited in any way by any limitation on the. amount or type of damages, cornpensation or
benefits payable by or for the Licensee or any subcontractor under workmen‘s compensation
acts, disability benefit acts or other employee acts. Upon demand by Owner, Licensee shall
defend any action or proceeding brought against
Licensee’s sole cost and expense, unless Owner
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C;\~CEE\PROJECrs\KLLY~C PAL.OMAR\LEGAL\Temp.Use
expense of Licensee, in which event all fees and costs of such defense shall be paid by
Licensee upon demand and shall bear interest at the rate of ten percent (10%) per annum
from the date of demand until paid.
5. Entry by Owner
Licensee shall permit Owner and Owner's agents to enter the Permitted Premises at all
reasonable times for any purpose whatsoever including, b ut n ot I imited t 0, ( i) i nspecting or
making repairs, or (ii) for the purpose of marketing the Premises.
6. Insurance
(a) Owner shall not be liable for, and Licensee shall defend, indemnify and hold Owner and its partners, employees and agents harmless from and against any and all claims, demands,
liabilities, judgments, awards, fines, liens, losses, damages, expenses, charges and costs of
any kind or character (including attorney fees and costs of defense) arising directly or indirectly
from Licensee's use of the Premises, including, without limitation, claims caused by the sole or
concurrent negligent act or omission, whether active or passive, of Owner or its agents;
provided, however, Licensee shall have no obligation to defend or indemnify Owner from
claims which are caused by the willful or criminal act of Owner or its agents. Licensee agrees
and acknowledges that the foregoing indemnification provision shall not require payment as a
condition precedent to recovery by Owner upon such indemnification provision.
(b) Licensee shall at all times during the term hereof and at Licensee's cost, for the
protection of Licensee and Owner as their i nterests rn ay a ppear, m aintain i n full force a nd
effect a policy or policies of insurance which afford the following coverages:
(i) Worker's Compensation in the statutorily required amount, together with
Employer's liability coverage in a liability amount not less than $2,000,000 per
occurrence.
(ii) Comprehensive General Liability Insurance with an aggregate liability amount
not less than $2,000,000 combined single limit for both bodily injury and
property damage, including blanket contractual liability (including Licensee's
indemnification obligation under subparagraph (a) above), broad form property
damage, personal injury, completed operations, products liability, host liquor
liability (or liquor liability, if applicable) and owned and non-owned automobile
coverage. At least $2,000,000 of such coverage shall be provided by a primary
liability policy, and any balance may be provided by a so-called umbrella policy.
The liability insurance policy required to be maintained by Licensee pursuant to
this clause (ii) shall be on an occurrence (as opposed to a claims made) basis.
Further, if such policy has an aggregate liability limit, not less than $2,000,000
of such limit per annum shall be available for claims originating at the Premises.
Owner and any lender for the Property s hall be added as additional insured
pursuant to such policies (although they shall not have any obligations of
"named" insured therein). The insurance required by this subparagraph shall
be the primary insurance as respects Ow
contributory with any other available insurance.
3
C\J-i?MCRE\PROJECrs\KELLY JRMC PALOMAR\LEGAL\Temp.Use I.,icense-Pumpb-h Trees(5)Sept. 1,2
.*
the coverage required by clause (ii) above shall contain an endorsement
providing, in substance, that "such insurance as is afforded hereby for the
benefit of [Owner and any additional insured designated by Owner shall be
primary and any insurance carried by Owner and any additional insured
designated by Owner] shall not be contributory." In addition, such policy shall
contain a cross-liability endorsement in favor of the additional insured. In no
event shall the limits of any coverage maintained by Licensee pursuant to this
paragraph 5 be considered as limiting the liability of Licensee pursuant to this
License.
Licensee agrees that, in the event Licensee shall have any claim against Owner under this License
arising o ut of the s ubject m atter of t his License, Licensee's s ole r ecourse s hall be a gainst the
Owner's interest in the Premises for the satisfaction of any claim, judgment or decree requiring the
payment of money by Owner as a result of a breach hereof or otherwise in connection with this
License, and no other property or assets of Owner its successors or assigns, shall be subject to
the levy, execution or other enforcement procedure for the satisfaction of any such claim,
judgment, injunction or decree Licensee further hereby waives any and all right to assert any claim
against or obtain any damages from, for any reason whatsoever, the directors, officers and
partners of Owner, including all injuries, damages or losses to Licensee's property, real and
personal, whether known, unknown, foreseen, unforeseen, patent or latent, which Licensee may
have against Owner or its directors, officers or partners. Licensee understands and acknowledges
the significance and consequence of such specific waiver Owner shall not be liable or responsible
to Licensee for any loss or daMage to any property or person occasioned by theft, fire, act of God,
public enemy, injunction, riot, strike, insurrection, war, court order, requisition, or order of
governmental body or authority, or for any damage or inconvenience that may arise through repair
or alteration of any part of the property or the Premises, or a failure to make any such repairs,
except as expressly provided in this License.
Licensee shall provide satisfactory evidence to Owner in its sole and absolute discretion of
Licensee's compliance with the insurance requirements set forth above.
Utilities, Costs and Expenses
Licensee shall be liable for any and all costs in connection with the Premises, including, but not limited
to the following: utilities, general clean-up in preparing the Premises for Licensee's use, costs of
removal of Licensee's property upon expiration of this License.
8. Removal of Property
Upon expiration of this License, Licensee shall remove all of its property from the Premises and shall
return the Premises to its original condition. Any necessary repairs to Premises shall be made by
Licensee. Owner reserves the right, however, to make such necessary repairs at Licensee's sole cost
and expense, including an administrative charge by Owner equal to 15% of the cost of any such
repairs, if any. Owner shall have the right to take from Licensee's Security Deposit, any such sum of
monies to cover such costs.
9. Other Provisions
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G\JRMCRE\PROJECTS\KELLY JRMC PAL.OMAR\LEGAL\Temp.Use License-Pumpkins-Xma-s Trees(5)-Sept. 1,2 oc Y
a. Licensee covenants at all times during the term of this License to comply with the
requirements of the Occupational Safety and Health Act of 1970, 29 U.S.C. Section 6051
et seq. and any analogous legislation in California (collectively, the "Act"), to the extent that
the Act applies to the Premises and/or Licensee's activities in or about the Premises.
Without limiting the generality of the foregoing, Licensee covenants to maintain all working
areas, all machinery, structures, electrical facilities and the like in or about, or provided by
Licensee for use in connection with, the Premises in a condition that fully complies with the
requirements of the Act, including such requirements as would be applicable with respect
to agents, employees or contractors of Owner who may from time to time be present upon
the Premises, and Licensee agrees to indemnify and hold harmless Owner from any
liabilities, claims or damages arising as a result of a breach of the foregoing covenant and
from all costs, expenses and charges arising there from including, without limitation,
attorneys' fees and court costs incurred by Owner in connection therewith.
b. Attorney's Fees
In the event of any legal action or proceeding between the parties hereto, reasonable
attorney's fees and expenses of the prevailing party in any such action or proceeding may be
added to the judgment therein.
c. Notices
All notices shall be in writing and shall be sufficiently given and served upon the other
party. If sent by certified mail, return receipt required and postage prepaid.
Owner Licensee
KeWJRM-Palomar AirDort Rd., LLC
do JRMC Real Estate, Inc.
1040 S. Andreasen Dr., Suite 200
Escondido, CA 92029
Seasonal Adventures
P.O. Box7129
Mission Hills, CA 91346
d. Waiver
The waiver by Owner of any breach of any term, covenant, or condition herein contained shall
not be deemed to be a waiver of such term, covenant, or condition of any subsequent breach
of the same or any other term, covenant, or condition herein contained.
e. Licensee's Removal of its Personal Property
Licensee will remove all merchandise, barricades, and equipment used in its operations and
shall I eave the P remises i n b room-clean conditions and shall repair any and all damage to
Premises including but not limited to asphalt, curbs, landscape and any other part of Premises.
f. Licensee's Plot Plan
Licensee will adhere to the locations and size of each space as shown on the attached plot
plan (Exhibit "A"), which plan shall require Owner's approval, in its sole and absolute discretion,
as a condition precedent to this License binding the parties
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C.\JRMCRE\PROJECTS\KELLY JRMC PA.LOMAR\LEGAL\Temp.Use
rope off each area in a manner so as to safely conduct its operations. Notwithstanding the
foregoing, Owner’s approval of Licensee’s plot plan shall in no way be construed to transfer
any of Licensee’s responsibility and/or liability as described hereunder.
g. Licensee’s Temporary Power
Licensee shall provide all of its own power via temporary power poles. Owner shall provide no
utilities to the Premises.
h. As Is Condition
Licensee a ccepts the P remises i n its current “as-is” condition without any representation or
warranty by Owner except as expressly stated in this agreement.
i. Owner and its Agents
As used herein, Owner shall mean Owner and its employees, partners, members, directors,
officers, affiliates, subsidiaries and agents.
This License is and shall be considered to be the only License between the parties hereto with respect to the
subject matter hereof. This License may not be amended or modified without written instrument executed by
both parties.
IN WITNESS HEREOF: Owner and Licensee have executed this License as of the day and year written
below. Individuals signing on behalf of a principal warrant that they have the authority to bind their principals.
Date:
Carlsbad I, LLC, Manager
Real Estate, LLC, Manager
R. McCann, President
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G\JRMCRE\PROJ?3CTS\KEJLY JRMC PALOMAR\LEG~\Temp.Use Liceme-Pumpkins-Xmas Trees[5)-Sept. 1,2004.doc
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