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HomeMy WebLinkAbout; Aviara Land Associates LP; 90-279302; Uncontrolled Stockpile Agreement/Release235 ,^! 279302 RECORDING REQUESTED BY AND ) p~=a7930~ WHEN RECORDED MAIL TO: i -. r F qy? c:q &:' t.i. +- >. ;.y.msg +, i yr;;-*, -7 ! ,z. City Clerk I:.. i~i;i'::'~,'~.~:~~-.~~~~ .*. Y . ..% ., ;i 9 .iJ la pi&.! +i., +:$k i; City of Carlsbad 1200 Elm Avenue k-gl #i";y 22 #ii 1-t.: -QS Carlsbad, California 92008 1 Vi,i'+& 1 &-‘ii 3: ,.~',(,( f w -;v-,-.<, .c- NOFE Q * * KY. .t Space above this line for Re&&&kt's'%~i?"'~ Documentary transfer tax: $ No fee - 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 2 . - 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 /// /// /// /// /// /// /// 3 L 238 - 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.) 4 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. I’ ?” Ls 5