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HomeMy WebLinkAboutMP 150F; ; 87-103169; Propertym 87 I0 3;|: '33/ FES 26 PH 3--2h NO FEE Recp'rdiijg. "Requested By and Return To: "city .Clerrk* 1200 Elm Avenue . C,arIsbad, -CA 92008 EXHIBIT A to Resolution No. o y LICENSE AGREEMENT FOR GRADING ON VILLAGE E-2 IN CALAVERA HILLS This License Agreement (the "Agreement") is made the City of Carlsbad, County of San Diego, State in CarisDad, County ot [ban uiego, btate of California on -^^^^^^j^ , 1985, between CEDRIC E. SANDERS, an individual, hereinarter ("Licensor") and the CITY OF CARLSBAD, a municipal corporation of the State of California hereinafter ("Licensee"). RECITALS A. Licensor is the fee owner of the real property located in the City of Carlsbad, County of San Diego, State of California, more particularly described in the attached Exhibit "A" and depicted on the attached Exhibit "B", B. The Master Flan for Calavera Hills, MF-150(F), provides that Licensor shall dedicate that property de- scribed in Exhibit "A" to Licensee upon the completion of certain acts ("Dedication") and said completion has not as yet taken place. C. Licensee desires to commence grading on the real pr^operty described in Exhibit "A" at this time and prior to the Dedication. D. Licensor, as a land owner, developer, 'and tax payer in the City of Carlsbad recognizes the need for and supports the construction of sufficient parks and other recreational areas for the citizens of Carlsbad. Licensor fully appreciates the importance of such parks for the continued good health and well being of the citizens of Carlsbad. . Licensor, in its desire to cooperate with and assist the City in developing adequate public park facil- ities, has previously dedicated approximately 10 gross acres (Village F) to the City. E. Licensee now desires, and Licensor is willing to grant to Licens^ee, a license over, under, in, through, and across that property described in Exhibit "A" to permit Licensee to grade the License Area described in Exhibit "A" in accordance with plans to be submitted to the Licensor for approval. F. Accordingly, Licensor, without being required to do so, hereby wishes to grant a license for the grading desired to be accompli shed by the City of Carlsbad under the following terms and conditions. 556 TERMS AND CONDITIONS 1. Grant of License. Licensor hereby grants to Licensee a License to grade and place fill over, along, across, and through the License Area described in Exhibit "A" for the ultimate purposes of constructing and maintaining a public park and other incidental and ancillary purposes associated therewith when Licensor formally dedicates the park to Licensor. All such grading and other work shall be in conformance with plans approved by Licensor. 2. Term of License. The Licensor and Licensee agree that the Licensor may be required in the future to dedicate the License Area described in Exhibit "A" under the terms of the Master Plan,. This License to grade shall terminate automatically upon the dedication of the License Area described in Exhibit "B" or upon the expiration of the period of 24 months from the date of the License, whichever shall first occur. 3. Maintenance . Licensee shall maintain, at Licensee's sole expense, the License Area, and all grading and other improvements made or installed by the Licensee within the License Area, in a sanitary and safe condition, in good repair and in accordance with all applicable laws and regulations. Licensee shall obtain all necessary permits for the grading contemplated by this Agreement and shall not permit, commit or suffer waste upon the License Area. 4. Indemni fication. Licensee shall and does indemnify and hold Licensor harmless against and from liabilities and claims of any kind for loss or damage to property of Licensee or any other person, or for any injury to or death of any person, arising out of: (1) Licensee' s use and occupancy of the License Area, or any work, recreation, activity, or other things allowed or suffered by Licensee to be done in, on or about the License Area; (2) any breach or default by Licensee of any Licensee' s obligations under this Agreement; or (3) any negligent or otherwise tortious act or omission of Licensee, its- agents, employees, invitees, or con- tractors . Licensee shall fully defend Licensor in any and all actions or proceedings arising from any such claim and shall indemnify Licensor against all costs, attorneys' fees, expert witness fees and any other expenses incurred in such action or proceeding- -2- O: 557 5. Insurance. Licensee shall, at all times during the term of this Agreement, maintain in full force and- effect and at Licensee's sole expense, a policy or policies of casualty insurance and comprehensive public liability and property damage insurance in accordance with prudent business prac- tices to provide reasonable and adequate coverage for casualty claims and liabilities, property damage or personal injury (including death) occurring on, in or about the License Area. Nothing contained in thi s paragraph shall prevent Licensee from providing self-insurance to comply with the provisions of this paragraph so long as reasonable levels of reserves consistent with prudent business prac- tices are maintained and reasonable and adequate excess coverage in accordance wi th prudent bus iness practices i s provided through a policy or policies of insurance. 6. Liens on the License Area. Licensee shall pay when due all obligations incurred by or for Licensee relating to work on, or use of, the License Area. Licensee shall not cause, suffer or permit any liens relating to mechanics or others to attach to or be recorded against, the License Area, and shall indem- nify, defend and hold Licensor and the License Area harmless from any and all liens, claims, and all expenses (including, without limitation, any attorneys' fees) related to, or arising out of, mechanics or others employed or contracted by Licensee for work on, or use of, the License Area. 7. Successors and Assigns. The terms and conditions contained in this Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, successors and assigns. This License Agreement,and the terms and conditions set forth herein, shall not be recorded. 8. Assignment. This Agreement shall not, nor shall any interest there- in or thereunder, be assigned, mortgaged, hypothecated or transferred by Licensee without first obtaining the written consent of Licensor which consent shall be within the sole and absolute discretion of Licensor. 9. License Subject to Certain Matters. This License is subject to all valid and existing contracts, leases, licenses, encumbrances, and claims of -3- V 558 title which are of record and affect the License Area. The use of the term "grant of license" as set forth in this Agreement shall not be construed as a covenant against the existence of any such matter of record. Further, in no event shall this License in any way violate nor alter the terms of the Master Plan for Calavera Hills currently in effect. 10. Entire Agreement; Modification. This Agreement contains the entire Agreement between the parties relating to the License. Thi s Agreement may be modified only by a written and recorded agreement, signed by both parties or their respective heirs, successors, or assigns. 11. Attorneys' Fees. In the event of any litigation between the parties to interpret or enforce any of the provisions of this Agree- ment, the prevailing party in the action shall be entitled to recover from the losing party reasonable attorneys' fees and costs . 12. Notices. All notices to be given under this Agreement shall be in writing, delivered in person or by registered or certified mail, postage prepaid and return receipt requested at the addresses provided below, or such other addresses as either party may designate, from time to time, by proper notice under this paragraph. Any notice shall be deemed •given only when actually received by the intended party, whether personally served or sent by registered or certified mail. Licensor: Cedric E. Sanders 110 West C Street, Suite 1220 San Diego, California 92101 Licensee: City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Frank Aleshire, City Manager 13. Exhibits. All exhibits to this Agreement are incorporated in and made a part of this Agreement by reference. -4- 7 0 559 14. Severability. If any part of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected and each term and provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by law. 15. Use as a Park. Notwithstanding any provision to the contrary herein, the License Area shall not be used for the construction or operation of a park unless and until fee title to the park has been dedicated to the City of Carlsbad in accor- dance with the terms and conditions of the Master Plan. "LICENSOR" CEDRIC E. SANDERS, an individual "LICENSEE" CITY OF CARLSBAD, a municipal corporation of the State of ifornia V -5- CORPORATE ACKNOWLEDGMENT 560 NO. 202 1 « ta&assss&ssssssssssssssssisasssi I State of California San Diego SS. Onthlsthe^6thdayof February 19_87_, before me, !j County of Karen R. Kundtz 7120 122 < o' the undersigned Notary Pubiic, personally appeared Mary H. Casler «*»********«*•«**•««*«•«***««* * yfiSSS)*. OFFICIAL SEAL J * KAREN R. KUNDTZ t » NOTARY PUBUC-CALIFOftNIA I * ^ffi^' COUNTY * J -*^Sf^ Comm. Exp. Sepl. 27, 1989 J K personally known to me • proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Mayor xctT on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 STATE OF CALIFORNIA COUNTY OF . SAN DIEGO February—18_,—1987 .before me, the undersigned, a Notary Public in and for said Slate, personally appeared__ CEDRIC E. SANDERS personalty known to me (or proved to me on the basis of satis- factory evidence) to be the person{s) whose name(s) is/are sub- scribed lo the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. OFFICIAL SEAL SHARON WESTERN NOTARY PUBUC - CAUFORNIA SAN DIEGO COUNTY My comm. expires MN 31, 1987 Signature. 303MojMdMrL {This area for official notarial seal) 0. 561 EXHIBIT "A" LICENSE AREA A PORTION OF LOT "J" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATh: OF CALIFORNIA, ACCORDING TO PARTITION MAP NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, TOGETHER WITH A PORTION OF TAMARACK AVENUE AS DEDICATED PER DOCUMENT NO. 82-357616 RECORDED NOVEMBER 19, 1982, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE BOUNDARY OF • LAND SHOWN ON RECORD OF SURVEY NO. 9336 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 12, 19S3, SAID POINT BEING THE EASTERLY .TER- MINUS OF THAT LINE SHOWN ON SAID RECORD OF SURVEY AS NORTH 79*^ 57' 54" WEST, 71.22 FEET, SAID POINT BEING ON THE ARC OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1000.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 75° 17' 40" EAST; THENCE ALONG THE BOUNDARY OF SAID LAND SHOWN ON RECORD OF SURVEY NO. 9336 AS FOL- LOWS: NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 33° 19' 32", 581.64 FEET; NORTH 18° 37' 12" WEST, 273.62 FEET; THENCE LEAVING SAID BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY 9336, NORTH 71° 22' 48" EAST, 611.60 FEET; THENCE SOUTH 18° 37' 12" EAST, 660.04 FEET TO THE BOUNDARY OF SAID LAND SHOWN ON RECORD OF SURVEY' NO, 9336; THENCE ALONG SAID BOUNDARY AS FOL- LOWS: SOUTH 69° 28' 42" WEST, 653.20 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 1042.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 85° 33' 46" EAST; SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10° 16' 06", 186.74 FEET; THENCE LEAVING SAID BOUNDARY, ALONG A RADIAL LINE FROM SAID CURVE, NORTH 75° 17' 40" WEST. 42.00 FEET TO THE^ POINT OF BEGINNING. /7iA 7731.07'rf79/.4/'J ^—7\78S°Z5'0G'W 4752.07' — rM89''25'/0'W47S2J2'J ,