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Home My WebLink AboutCT 99-04-02; Western Pacific Housing Inc; 2006-0399373; Uncontrolled Stockpile Agreement/Release13658 DOC# 2006-0399373 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 s? JUN06, 2006 4:18 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 19.00 PAGES: 5 2006-0399373 Space above this line for Recorder's use. ASSESSOR'S PARCEL NO. 223-720-03 PROJECT NO. & NAME: CT 99-04-02 (pw6 Villages of La Costa - The Ridge (Melrose Place) AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE THIS AGREEMENT is entered into this between Western Pacific Housing, Inc. of _, 200^ by and a Delaware corporation hereinafter referred to as "Developer" whose address is 5790 Fleet Street, Suite 210 Carlsbad, CA 92009 and Western Pacific Housing, Inc. A Delaware corporation hereinafter referred to as "Owner" whose address is 5790 fleet Street, Suite 210 Carlsbad, CA 92009 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. MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 2/04/97 1 \y&\ 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 78,000 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 the City Clerk in the Office of the County Recorder as an obligation upon the Property inuring to MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 2/04/97 13660 the benefit of and be binding upon all successors in interest to Property. 4. This Agreement shall remain in effect until a release of this agreement is filed by the City Engineer. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written. OWNER Western Pacific Housing, Inc. a Delaware corporation By: . (sign here) William F Diehl, Vice President DEVELOPER Western Pacific Housing, Inc. a Delaware corporation CITY OF CARLSBAD, a Municipal Corporation of the State of California By: fffd Lloyd B. HUBbs City Engineer Title: Vice President William F Diehl 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 By: Deputy City Attorney MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 2/04/97 13661 EXHIBIT A Lot 223 of City of Carlsbad Tract 99-04-02 Villages of La Costa - La Costa Ridge, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. ±4838, filed in the Office of the County Recorder of San Diego County, July 14,2004. 13662 ACKNOWLEDGMENT State of California County of San Diego On A. *2-& • o^ before me, _ Erika Marie Berg, Notary Public (here insert name and title of the officer) personally appeared _ LuUhftm IF- personally known to me)(or proved to me un Hie Udsla of satisractoiy evidence) to be the person(s) whose name(s)^)afe-subscribed to the within instrument and S~ /Tacknowledged to me that Jfeysfce/they executed the same inmisftedf/ttreir authorized capacity(ies), and that by Ifds^her/thetf 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. „__ SAN DIEGO COUNTY 0 COMM.EXP. JUNE 12.2009 f Signature ^ 0 (Seal)