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HomeMy WebLinkAboutCT 85-24; Carlsbad Research Center; 2020-0494954; Maintenance AgreementDOC# 2020-0494954 11111111111111111111111111111111111111111111 11MMI Aug 28, 2020 10:54 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $35.00 (SB2 Atkins: $0.00) PAGES: 8 Space Above This Line for Recorder's Use Only (Gov. Code 27361.6) ASSESSOR PARCEL NO: PROJECT ID: PROJECT NAME: Carlsbad Research Center RELATED PROJECT ID: College Blvd. Median Maintenance Agreement Carlsbad Research Center - CT 85-24 -PUD RATIFICATION OF AMENDMENT NO. 1 TO EXTEND THE MEDIAN MAINTENANCE AGREEMENT WITH CARLSBAD RESEARCH CENTER This Ratification of Amendment No. 1 is entered into as of the 19th day of December, 2019, but effective as of November 18, 2019, amending the recorded agreement ("Doc# 2014-0542598") dated November 18, 2014 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and the Carlsbad Research Center, a California Common Interest Development company, ("CRC") (collectively, the "Parties") for median maintenance. RECITALS WHEREAS, CRC manages as a Common Interest Development, pursuant to the Davis-Stirling Act and related California Law and Civil Code, certain real property in the City of Carlsbad, County of San Diego, and State of California, known as the Carlsbad Research Center, more properly described in "Exhibit A," attached hereto and incorporated herein ("Property"); and WHEREAS, contained within the Property are landscaped medians, which are owned by the City and situated in or pertaining to the middle of certain roads and streets owned by the City, which are more properly described in "Exhibit B," attached hereto and incorporated herein ("Median"), and WHEREAS, the initial Median Maintenance Agreement ("Agreement"), dated November 18, 2014 (Resolution No. 2014-259), was for a five-year period and expired November 17, 2019, and the parties continued to perform their respective obligations under the agreement; and WHEREAS, the Agreement provided the City Manager the option to extend the Agreement for two additional five-year periods; and - 1 - RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 WHEREAS, the Parties mutually desire to exercise the first of the two five-year options to extend the Agreement. NOW THEREFORE, in consideration of the recitals and the mutual covenants contained herein, City and CRC agree as follows: 1. The retroactive Amendment No. 1 to Extend the Agreement is ratified. 2. The Agreement is extended for a period of five (5) years ending on November 17, 2024. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by CRC pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] - 2 - CARLSBAD, al corporation of the State of California By: City er, Scott Chadwick Cl a ( h e )ee/14 EV, By: n here) (print name/title) ,:2C(.-401'j - BARBARA ENGLESON City Clerk 6. The individuals executing this Ratification of Amendment No. 1 to Extend the Agreement and the instruments referenced in it on behalf of CRC each represent and warrant that they have the legal power, right and actual authority to bind CRC to the terms and conditions of this Amendment. CARLSBAD RESEARCH CENTER, a California Common Interest Development (print name/title) Tre61 ,c,\ED0-L, 62, DepA cief.{ If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Assistant City Attorney - 3 - Attest: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 •/-• •••"- •/-.• •••-• •.•-• ••-• • •••-• •/-../-• • •/-• •/-• •••=", • •,-'.,-',-..,-, •••-• •/-s V •/-: •/-` •/-• •/-• •/-• •/-• ••'-` •/,7,` •/-`• •/-` •/-• •/-• •/-• •/-• • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of— me, i,1-11--"A c-1/1-e-'1 A 1V--ti,tqi\ p (.3 Lc,_ Date Here Insert Name and Title of the ote&er C 9 ,n personally appeared I L.6evl t Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name is/are- subscribed to the within instrument and acknowledged to me that -he/she/thuy executed the same in hi5/her/tl-retrauthorized capacity(iet), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(0 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 61- tc-7.- L.A7 Signature of Notary Public Place Notaty Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Corporate Officer — Title(s): 0 Corporate Officer — Title(s): 0 Partner — 10 Limited General E Partner — Limited 10 General E Individual El Attorney in Fact Individual 10 Attorney in Fact 10 Trustee Guardian or Conservator Trustee Guardian or Conservator LII Other: Other: Signer Is Representing: Signer Is Representing: •\ ••••2; •\ •••-• ••-• AL • •,.._•• • \,_••••_••\_. • ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 On I,ANiljn, before BRITTA M. BEECH ER Notary Public - California San Diego County Commission #2199243 My Comm. Expires Jun 22, 2021 WITNES my h nd and official seal. Signature (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On July 27, 2020 before me, Olivia V.D. Mack, Notary Public (insert name and title of the officer) personally appeared Robert Clayton Tschantz who proved to me on the basis of satisfactory evidence to be the per son0) whose name) istefre subscribed to the within instrument and acknowledged to me that he//he/they executed the same in his/her/teir authorized capacity(es), and that by his/her/teir signature) on the instrument the person), or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OLIVIA V. D. MACK Notary Pullic - Califomia San Diego County Commission # 2276113 — My Comm, Expires Feb 26, 2023 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California S County of an Diego On 9)4A/Kt , 1 . 0,0D-0 before me, Morgen Fry ha t (insert name and tee of the officer) personally appeared SC.Zif CA14 d tuid who proved to me on the basis of satisfactory evidence to be the person(k) whose name* subscribed - subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisTheritl-reir authorized capacitytiea), and that by his/hcr/thcir signature* on the instrument the personts.), or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. rllh.dlirdlaWnAlhrerdlb.dhidkil MORGEN FRY Notary Public - California z San Diego County z › Commission # 2268605 - My Comm. Expires Dec 24, 2022 (Seal) Signature EXHIBIT A LEGAL DESCRIPTION ALL OF CARLSBAD TRACT NO. 85-24 UNIT NO. 3, CARLSBAD RESEARCH CENTER, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11810 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS FILE NUMBER 87-276652 RECORDED MAY 19, 1987; TOGETHER WITH ALL OF CARLSBAD TRACT NO. 85-24 UNIT NO. 4, CARLSBAD RESEARCH CENTER, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS FILE NUMBER 87-276653 RECORDED MAY 19, 1987; TOGETHER WITH ALL OF CARLSBAD TRACT NO. 85-24 UNIT NO. 5, CARLSBAD RESEARCH CENTER, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS FILE NUMBER 91-234162 RECORDED MAY 16, 1991; TOGETHER WITH ALL OF CARLSBAD TRACT NO. 81-10 UNIT NO. 1, CARLSBAD RESEARCH CENTER, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10330 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS FILE NUMBER 82-044773 RECORDED FEBRUARY 18, 1982; TOGETHER WITH ALL OF CARLSBAD TRACT NO. 81-10 UNIT NO. 2A, CARLSBAD RESEARCH CENTER, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11134 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS FILE NUMBER 85-034075 RECORDED JANUARY 31, 1985. 44110 it?e,14 CITY OF SAN MARCOS PACIFIC OCEAN COY OF OCEANSIDE HIGHWAY Zs VICINITY AP NOT To SCE \14 \1113A i v! i s CITY OF VISTA Mk* ?.* CRY OF ENCINITAS t M PROJECT SITE e)- PROPOSED LANDSCAP BY CRC (TYP.) A ifs, NOTE: REFER TO DWG 239-1M ON FILE WITH THE CITY FOR DETAILED LANDSCAPE AND IRRIGATION PLANS A-to TYPICAL DETAIL CT 81-10 & CT 85-24 CARLSBAD RESEARCH CENTER EXHIBIT PROJECT NAME NOT TO SCALE PLOTTED BY: SCOTT EVANS PLOT DA1E11/6/14 PATH:D:\DEVELOPMENT SERVICES\RICK\COLIEGE BLVD MEDIANS LOC MARDWG