HomeMy WebLinkAboutCT 99-04-02; Real Estate Collateral Management Co; 2004-1201213; Uncontrolled Stockpile Agreement/ReleaseDOC # 2004-1 201 21 3
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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DEC 21,2004 457 PM
OFFICIAL RECORDS
SAN DlEGO COUNTY RECORDER’S OFFICE GREGUR‘I‘J. SMITH.. COUNTY RECORDER FEES: 20.00 PAGES: 5
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ASSESSOR’S PARCEL NO. 223-720-03
PROJECT NO. & NAME: CT 99-04-02
Villaaes of La Costa - The Ridae (Melrose Place)
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR
AN UNCONTROLLED STOCKPILE
THIS AGREEMENT is entered into this /frNday of Sm- , 2004, by and
between
Real Estate Collateral management Company
a Delaware corDoration
hereinafter referred to as “Developer” whose address is
1903 Wright Place; Suite 180
Carlsbad, CA 92008
and
Real Estate Collateral Management Company
a Delaware corporation
hereinafter referred to as “Owner” whose address is
1903 Wright Place; Suite 180
Carlsbad, CA 92008
And
the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred
to as “CITY”, whose address is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
WASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 2/04/97 1
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 35,000 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 15.16 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
1 MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT 2 Rev. 2/04/97
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.
OWNER
Real Estate Collateral Management Company
a Delaware corporation
By:
Fred R. Schimel By:
Vice President
CITY OF CARLSBAD, a Municipal
Corporation of the State of California
F-&>9L g/h&
City Engineer
DEVELOPER
Real Estate Collateral Management Company
a Delaware corporation
By: %I?& Fred R. Schimel
Title: Vice President
By:
I (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
By:
I MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT 3 Rev. 2/04/97
STATE OF ILLINOIS
COUNTY OF COOK ss.
On )$$OK ?J 2004 before me, Diana C. Moreno, Notary Public PERSONALLY
APPEARED, /G& %ht,+.~--/
whose name is subscribed to the within instrument and acknowledged to me that he
personally known to me to be the person
executed the same in his authorized capacity and that by his signature on the instrument
the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
Signature
' Diana C. Moreno
STATE OF ILLINOIS
COUNTY OF COOK ss.
On & ust 3 5
APPEARED, fif0 &h,&i
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity and that by his signature on the instrument
the entity upon behalf of which the person acted, executed the instrument.
2004 before me, Diana C. Moreno, Notary Public PERSONALLY
personally known to me to be the person
WITNESS my hand and official seal
Signature Law c- ’ hJ
Diana C. Moreno