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Home My WebLink AboutCT 00-02; Calavera Hills II LLC; 2003-0552048; Uncontrolled Stockpile Agreement/Release. DOC # 2003-0552048 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 OFFICIAL iifCORDS SFdi DIEM COUNTY RECORDER’S OFFICE GREGORY J. %ITH, COUNTY RECORDER FEES: 20.00 Space above this line for Recorder’s use. ASSESSOR’S PARCEL NO. 168-050-47-00 168-050-48-00 PROJECT NO. & NAME: DisPosal Site. DWG 390-9E Calavera Hills II, CT 00-02 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE THIS AGREEMENT is entered into this 161‘Vday of /L , 204 by and between Calavera Hills II, LLC a California Limited Liability Company hereinafter referred to as “Developer” whose address is 2727 Hoover Avenue National City, CA 91 950 and Calavera Hills II, LLC a California Limited Liability Company hereinafter referred to as “Owner” whose address is 2727 Hoover Avenue National City, CA 91 950 And the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred H:/Development Services/MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT I Rev. 2/04/97 to as “CITY”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California 92008. RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit “A, attached to and made a part of this agreement, and hereinafter referred to as “Property”; and WHEREAS, the property lies within the boundaries of City; and WHEREAS, Developer wishes to stockpile 200,000 cubic yards of grading or fill material on Owner’s Property which is acknowledged to be designated as an uncontrolled stockpile; and WHEREAS, Owner acknowledges, that, as an uncontrolled stockpile, the site is not eligible for a building permit unless special soils analysis and foundation design are submitted and approved or the site is subsequently graded pursuant to a valid Grading Permit issued pursuant to Chapter 15.1 6 of the Carlsbad Municipal Code; and WHEREAS, the grading or stockpiling work shall be done in accordance with grading plans and specifications approved by the City Engineer; and, WHEREAS, Developer acknowledges that the uncontrolled stockpile shall be maintained in a safe and sanitary manner at the sole cost, risk and responsibility of Developer or Developer’s successors in interest. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The recitals in this Agreement are hereby incorporated into the terms of this agreement. 2. Developer and Owner agree to indemnify and to hold the City of Carlsbad and any of its officers, agents or employees harmless from liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the blockage or alteration of the normal flow of surface waters or drainage; or by the encroachment of any stockpile on neighboring property; or by any action or grading operation used in placing or removing the uncontrolled stockpile. 3. This agreement may be approved by the City Engineer and shall be recorded by H:/Development Sefvices/MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 2/04/97 2 the City Clerk in the Office of the County Recorder as an obligation upon the Property inuring to the benefit of and be binding upon all successors in interest to Property. 4. the City Engineer. This Agreement shall remain in effect until a release of this agreement is filed by IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written. CITY OF CARLSBAD, a Municipal Corporation of the State of California By: *$& ~a/r Lloyd B. MbS City Engineer DEVELOPER / OWNER Calavera Hills II, LLC, a California Limited Liability Company By: McMillin Companies, LLC, a Delaware Limited Liability Company, it's Manager By: Title: (Proper notarial acknowledge of execution by OWNER and DEVELOPER must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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: RONALD R. BALL City Attorney Ieputy City Attorney H:IDeveloprnent Services/MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT I 3 Rev. 2/04/97 McMillin A Land Corky McMlllln Development Company 1 STATE OF CALIFORNIA }ss. COUNTY OF SAN DIEGO 1 On personally appeared Don Mitchell & Brian Milich, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. April 7, 2003 , before me, Brenda N. Henderson, Notary Public WITNESS my hand and official seal. COMM.# 1364428 NOTARY PUBCICCAtlK)RNIA This area for offiidal notarial seal Calavera Hills II. LLC Hold Harmless Anreernent Drainage Parcel No. 168-05047-00 & 168-05048-00 I I At\ A! A! M M McMi Realty McMillin Mortgage McMillin Land Development McMillin Homes McMillin Commercial CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY CA 91950 TEL (619) 477-4117 FAX (619) 336-3112 w.mcmillin.wm McMillin Conwanies Notary Fwm2 MARCH 31, 2003 J.N. 981020 PAGE 1 OF 1 EXHIBIT 'A' CALAVERA HILLS I1 - CT 00-22 DISPOSAL PLAN - DWG 390-9E LEGAL DESCRIPTION PARCELS 1 AND 3 OF ADJUSTMENT PLAT 01-13, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA PER CERTIFICATES OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 28, 2001 AS DOCUMENT NO. 2001-0865064 AND DOCUMENT NO. 2001-0865066 RESPECTIVELY. W:\MSOFFICE\WINWORD\98lO2O\O3O3ll Disposal Plan.lgl.doc