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HomeMy WebLinkAboutCT 96-02; CanAm Properties LLC; 2002-0865062; Uncontrolled Stockpile Agreement/Release,ECORDlNG REQUESTED BY ND WHEN RECORDED MAILTO Xy Clerk ITY OF CARLSBAD :arkbad, CA 92008 200 Carlsbad Village Dr. DOC # 2002-0865062 OCT 079 2002 4:52 PM SRN DIEGO CWNTY REWRMR’S OFFICE FEES: 17.W OfFICIEiL KECLHS FREGORY J. SMITH, COUNTY EWRDER Space above this line for Recorder‘s use. ASSESSORS PARCEL NO. 209-090-11-00 PROJECT NO, & NAME: CT 96-02, DWG 361-6F Terraces at Sunny Creek AGREEMENT BETWEEN OWNER AND THE CITY OF CARLSBAD FOR AN UNCONTROLLED STOCKPILE THIS AGREEMENT is entered into this &day of JZflf&t$f?O&??by and letween :anAm Properties, LLC 3 California Limited Liability Company iereinafter referred to as “Owner” whose address is 300-1 338 West Broadway Jacouver, BC Sanada, V6H 1 H2 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. 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, Owner wishes to stockpile 76,306 cubic yards of grading or fill material on MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 2/04/97 1 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, Owner acknowledges that the uncontrolled stockpile shall be maintained in a safe and sanitary manner at the sole cost, risk and responsibility of Owner 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. Owner agrees 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 the benefit of and be binding upon all successors in interest to Property. Ill Ill Ill MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 2/04/97 2 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 CITY OF CARLSBAD, a Municipal CanAm Properties, LLC, a California Limited Corporation of the State of California Liability Company Title: President (Proper notarial acknowledge of execution by OWNER 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 signing to bind the corporation.) certified by the secretary or assistant secretary under corporate seal empowering the officer@) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: )%6& eputy City Attorney MASTERS\FORMS\UNCONTROLLED STOCKPILE AGMT Rev. 2104197 3 CALIFORNIA ACKNOWLEDGEMENT STATE OF CALIFORNIA f COUNTY OF ) On dl, a002 before me, 0 DATE ' personally appeared, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name@) idare subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in hislherltheir authorized capacity(ies), and that by hidherltheir signature(s) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SAN DIEGO COUNTY (SEAL) TNOTARY PUBLIC SIGNA~RE OPTIONAL INFORMATION TITLE OR TYPE OF WCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER@) OTHER THAN NAMED ABOVE -