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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 ttt*****t*t**ttttt*tttt**tttt***t~*t*t* i 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: t**t*t*tt*tttttt**t*tttttt*tt*tt***t*tt Form 10 Revised 01/04 Page 3 of3 ll I 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 - 7 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 4 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 5 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 6 G\JRMCRE\PROJ?3CTS\KEJLY JRMC PALOMAR\LEG~\Temp.Use Liceme-Pumpkins-Xmas Trees[5)-Sept. 1,2004.doc ,. .. i i I i 1 i ! !- ! ! i I I i I ! I 'I 'i. Ii I( I i - i ! - I , i I I I 1 j 1 i I i ! I ! I I j i ! i i I I i >. I i i I ! I I !. i i ! i ! I i I 1 ! I 1 I I I j I I i ! :ji I. I i I I I i i I I i i I I ! i i i i i I 1 i ! i I I I' i I. : I!