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Home My WebLink AboutCT 94-09; Carlsbad Ranch Company LP; 1996-0463217; Uncontrolled Stockpile Agreement/ReleaseTO : CITY OF CARLSBAD Carlsbad, CA 92008 City Clerk 1200 Carlsbad Village Dr. FF : 1.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 211-022-16 PROJECT NO. & NAME: CT 94-09 Carlsbad Ranch AWEXENT BEmEN, QWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE THIS AGREEMENT is entered into this &*day of ,J$L)/ , 1996; by and between Carlsbad Ranch Company, L.P. , k kalifornia Limited Partnership, hereinafter referred to 9evelo@r" whose address 'is 5600 AveniUa Encinas, Suite ,loo-, Carlsbad,., California, 92008 and Carlsbad Estate Holding, Inc., a Califodnia Limited Corporation, hereinafter referred to as f'Ownerff whose address is 5600 Avenida Encinas, Suite 130, Carlsbad, 'Califorhia, 92008, I, *' , ., AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as IfCITY,*l whose address is 1200 Carlsbad Village Drive, Carlsbad, California 92008. RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit I1Af1, attached to and made a part of this agreement, and hereinafter referred to as 'IPropertyff: and WHEREAS, the property lies within the boundaries of City: and -1- Rev. 9/7/95 ,- - 217 L WHEREAS, Developer wishes to stockpile Material cubic yards on Owners property (Exhibit llA1l) ; and WHEREAS, Owner acknowledges that as an uncontrolled stockpile on the site is not eligible for a building permit unless special soils analysis and foundation design are submitted and approved; and WHEREAS, the Owner desires to continue to use the land for agricultural purposes; 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, 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 foll~oks: 1. Developer and Owner promise to assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City of Carlsbad, and,, its officers, agehts; and employees, from all claims, loss, damage, injury and iiability of every kind for injuries to persons, or property, direatly or indirectly resulting from the subject matter of this agreement, including, but not limited to, diversion of waters, blockage or alteration of the normal flow of surface waters or drainage; encroachment of any stockpile on neighboring property; or by any action or grading operation used in placing or removing the uncontrolled stockpile. 2. The property described on Exhibit IfAfl attached hereto includes parcels identified on the Master Tentative Map for Carlsbad Ranch [C.T. 94-09] as Lot 18 (81Legoland Sitell). Upon conveyance by Owner of fee title to the property described on AGREEMENl/AG-3O.FRM -2- Rev. 9/7/95 ,-. - Owner 218 Exhibit "At8 other than the Legoland Site,/t*e-und-&q& and successor owners of all or any portion of the Legoland Site shall be released from all further liability or obligation under this Agreement. 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 the land involved, subject to the foregoing release provisions. 3. The City agrees.that Developer shall be primarily liable for indemnifying the City and Owner shall be secondarily liable. In the event the City has any right to indemnification from #e Owner I.tnde=si~, the City agrees to first exhaust its rights and remedies against Developer prior to pursuing Owner. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// ,. ., -3 - Rev. 917/95 .- - 219 4. This notice shall remain in effect until a release of this agreement if filed by the City Engineer. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written. DEVELOPER: CITY OF CARLSBAD, a municipal Carlsbad Ranch Company, L.P., a California corporation of the State of California limited partnership By: Carltas Company, a California limited By : Asst, City Manager partnership, General D"+".. ATTEST: raL CLlGL Bv: Carltas Manaaement. City Clerk Upon Approval of the City Council on August 13, 1996 OWNER: lY Carlsbad Estate Holding, Inc. a (Print Name/Title) By: (Print Name/Title) (Proper notarial acknowledge of execution by OWNER and DEVELOPER must be attached.) must sign for corporations. If only one officer signs, the (President or vice-president and secretary or assistant secretary corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) ,, ., , ,, APPROVED AS TO FORM: RONALD R. BALL City Attorney By : AGREEHENTIAG-3O.FRW -4 - Rev. 9/7/95 - - .. 220 . CALIFORNIA ALLmPURPOSE ACKNOWLEDGMENT State of California On July 79, 1996 before me, Karen A. Phelps, Notarv Public personally appeared Christopher C. Calkins---------- Mpersonally known to me - ~CWrl~~~d~~d~A~d~~~~~~~~~~~~~~~~~~~~to be the personw whose name(dfis/& subscribed to the within instrument and acknowledged to me that he/&'&f~& executed the same in hislP(+$&%jf authorized capacity(&$j, and that by hislddrMdi signature(4 on the instrument the person($). or the entity upon behalf of which the persong) acted, Dale Name and Title Of Olflcer (8.9.. 'Jane Dm. Notary Pubb') Namslol 01 Signerlrl Description of Attached Document Title or T~~~ of Document: Uncontrolled Stockpile Agreement Document Date: 7/30/96 Number of Pages: + Signer(s) Other Than Named Above: Raute*anzr CEH1l Capacity(ies) Claimed by Signer(s) Signer's Name: Christopher C. Calkins 0 individual 0 Corporate Officer 0 Partner - 0 Limited 0 General Title(s): President 0 Guardian or Conservator Signer Is Representing: Carlsbad Ranch Company By: Carltas Campany By: Carltas Management 0 1934 Nallanal Notary Arsoclalion. 8236 RemrneIAve., P.O. Box 7184. CanOga Park CA91309-7184 Prod. No. 5907 Reoder: Call Tall-Free 1-800-876-6, 0 Individual 0 Corporate Officer Title(s): 0 Attorney-in-Fact 0 Partner - 0 Limited 0 General 0 Trustee- 0 Guardian or Conservator 0 Other: I I Signer Is Representing: I I .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 221 dersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the persow whose name(8fislafesubscribed to the within instrument and acknowledged to me that helshdthey executed the same in hislherltheir authorized capacity(ies), and that by his/hef/thefsignaturewon the instrument the person(*, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact I 0 Trustee I 0 Other: 0 Guardian or Conservator I II Signer Is Representing: I I1 I ll Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator n Other: Signer Is Representing: ' 0 1994 National Notq Auociatlon * 8236 Remmet Aue.. P.O. Box 7164. CanOga Park. CA 91309-7184 Prod. No. 5907 Reorder: CallToll-Free 1-800-876-6827 .. I - .. . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 222 State of County of personally appeared Name(s) of Signer@) 0 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatured Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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: 0 Individual 0 Corporate Officer 0 Partner - 0 Limited 0 General Title(s): 0 Attornev-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: I I Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attornev-in-Fact 0 Trustee 0 Other: 0 Guardian or Conservator Signer Is Representing: I I .. .. EXHIBIT "A" PARCEL C OF THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED ON OCTOBER 24, 1995, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DlEGO COUNTY, STATE OF CALIFORNIA, AS DOCUMENT NO 1995- ~ , 0479824.