HomeMy WebLinkAbout; Aviara Land Associates LP; 90-279302; Uncontrolled Stockpile Agreement/Release235 ,^! 279302
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Signature of declar&t$ determining tax firm Name City of Carlsbad Parcel No. 2X5-040-16
AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE
'THTS AGREEMENT is entered into this /fpb ^, 'day of-
I SS,.@,*, by and between
Aviara Land Associates Limited Partnership
(Name of Developer)
a Delaware Limited Partnership (Corporation, partnership, etc.)
hereinafter referred to "Developerl' whose address is
7707 El Camino Real, (Street)
Cadsbad. a ifornia 92008 (City, sCtalte, zip code) I
and Aviara Land Associates Limited Partnership (Name of Legal Owner) I
A Delaware Limited Partnership (Corporation, etc) I
Hereinafter referred to as "Owner" whose address is
7707 El Camino Real (Street) I
Carlsbad. California, 92009 (City, state, zip code) I
- 236 h.
AND
the CITY OF CARLSBAD, a municipal corporation of the State of
California, hereinafter referred to as "CITY,'* whose address is
1200 Elm Avenue, Carlsbad, California 92008.
RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit 11A11 I attached to and made a part of this agreement, and
hereinafter referred to as Vroperty"; and
WHEREAS, the property lies within the boundaries of City: and
WHEREAS, Developer wishes to stockpile 200.000 cubic yards
on Owners property (Exhibit A)t and
WI@REAS, 0wrier acknowledges that as an uncontrolled stockpile
the site is net eligible for a building permit unless special
soils analysis and foundation design are submitted and approved;
and
WHEREAS, Developer acknowledges that the grading shall be
done and maintained in a safe and sanitary manner at the sole
cost, risk and responsibility of Developer or his successors in
interest; and
WHEREAS, Owner and Developer acknowledge that granting of the
uncontrolled stockpile permit and associated grading permit is
being done by the City of Carlsbad in advance of development
entitlement for subject property: and
WHEREAS, the grading or stockpiling shall be constructed in
accordance with plans approved by the City Engineer.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agrees as follows:
1. Developer and Owner agrees to indemnify and to hold the
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- 237”
City of Carlsbad and any of its agencies or employees harmless
from any liability for injuries to persons, or damage to or taking
of property, directly or indirectly caused by his actions or
inactions or resulting from or arising out of the design,
construction, or maintenance of the uncontrolled stockpile. Costs
shall include all costs of defense, settlement, judgments,
arbitrations or other costs associated with resolution of any
claim or cause of actfon claimed or filed against the City.tV
2. Owner and Developer agree that should development
entitlement not be granted for subject property within three years
of the date of the agreement the uncontrolled stockpile may be
required to be removed in its entirety and the area subjected to
the uncontrolled stockpile returned to a natural condition as
determined by the Planning Director.
3. This agreement shall be approved by the City Council and
recorded by the City Clerk in the Office of the County Recorder as
an obligation upon land involved.
4. This notice shall remain in effect until a release of
this agreement if filed by the City Engineer.
5. This agreement is binding on all heirs, successors or
assigns having an interest in all ar part of the real property
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described herein and set up the agreement to be recorded in the
office of the San Diego County Recorder.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written.
OWNER/DEVELOPER
Aviara Land Associates Limited Partnership,
A Delaware Limited Partnersh5p
~~~~?EfZ.on, By' Z~~ZZ~E~:
Title: Vice-President Title: Vice-President
BY: BY:
Title: Assistant Secretary Tit-e: Assistant Secretary
ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City Attorney
BY: Deputy Cituttorney
(Notarial Acknowledgement of execution by DEVELOPER and OWNER must be attached.)
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STATE OF CALIFORNIA )
> ss. COUNTY OF SAN DIEGO )
On May 17, 1990 before me the undersigned, a Notary Public in and for said State,'personally appeared Aletha L. $autenkranz
and Raymond R. Patchett known to me to be the of the City of Carlsbad, A Municipal Corporation o City Clerk and City f
Manager of California, known to me to be the personswho executeh the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same.
WITNESS my hand the official seal.
.
STATE OF CALIFORNIA
I
COUNTY OFad &$% ; SS.
On MI>/ l/j /9@ before me, the under_sig~d, a Notary
Public in and for salad State, personally appeared 3. k- ~k.&fCk~ , personally known to me or proved to me on the basis of satisfactory evidence to be the personal who executed the within instrument as the ti/Cfr- f.e~~&tiT and Tfzl G - &la VCR- personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the &,xI@~ %G@G%lc \/ of Aviara Land Company, a Delaware
corporation, the corporation that executed the within instrument on behalf of Aviara
Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership
that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
(Seal)
AL& a- @UN&L
NOTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OFjAd &#o 1 ) ss.
On MA/ //I /q%? before me, the undersigned, a Notary Public in and for said ‘State’, personally appeared d. L . ~/eM&-G
personally known to me or proved to me on the basis of satisfacto/qe;is; to be ’
the personal who executed the within instrument as the V/cc- 2 /
and 7-?? I-- tiOotig& personally known to me or proved to me on the basis of satisfacto the ~~s/H%u? 3 evidence to be the person who executed the within instrument as CMQ72%/ of Republic Development Company, a California
corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
(Seal)
O.&L L* Q&W@&
NOTARY PUBLIC
Exhibit "At1
Legal Description
BEING A PORTION OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF.
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