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HomeMy WebLinkAboutCT 11-04; Presidio Cornerstone QC, LLC; 2015-0354041; Maintenance Agreement> RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: CITY OF CARLSBAD Attn: City Clerk 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2015-0354041 Jul 07, 2015 02:46 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $78.00 PAGES: 22 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID PROJECT NAME RELATED PROJECT ID 167-040-11 and 167-040-21 CT 11-04 Quarry Creek STREET TREE MAINTENANCE AGREEMENT This Agreement is made by and between Presidio Cornerstone QC, LLC, a Delaware limited liability company ("Owner") and the City of Carlsbad, a municipal corporation ("City"), (collectively, "Parties"). Recitals WHEREAS, Owner owns certain real property In the City of Carlsbad, County of San Diego, and State of California more properly described in "Exhibit A", attached hereto and incorporated herein ("Property"); and, WHEREAS, Owner seeks to record a final map(s) to develop Property in accordance with Tentative Map No. CT 11-04, Quarry Creek ("Project"); and, WHEREAS, in consideration of the Project conditions-of-approval. Owner is required to install trees within the parkways ("Street Trees"), where parkways are defined as the areas along the sides of streets within the public street right-of-way between the back of the curb and the right-of-way line; and, WHEREAS, Owner seeks to satisfy condition 43 of PC Resolution 6938, to ensure ongoing maintenance is performed on Street Trees; and, WHEREAS, the Project is located within Street Lighting and Landscape District #2 (District). District is a financing mechanism to fund the maintenance and replacement of certain improvements within the right-of-way including public street lights, arterial median landscaping & irrigation, and Street Trees; and, WHEREAS, In lieu of District performing maintenance of Street Trees, Owner may elect to perform said maintenance and, provided Street Tree maintenance is performed pursuant to the terms of this Agreement, District will not assess street tree maintenance costs to property owners within Project limits. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree as set forth below. 1. Street Trees. Owner has prepared construction plans to install Street Trees in accordance with the Project conditions-of-approval. City of Carlsbad's Community Forest Management Plan, Landscape Manual, Municipal Code, Council Policy on Street Trees, and City Standards, all as shown on the approved landscape and irrigation plan(s), DWG 484-5N, (collectively "Landscape Plans") on file with the City. In addition to installing Street Trees, the Landscape Plans described herein detail construction of other items not covered by this Agreement. The term Street Trees, for the purposes of this Agreement, shall not include other items. Other items include, but are not limited to turf, shrubbery, groundcover, irrigation, and hardscape ("Other Items"). However, nothing in this Agreement shall preclude Owner or the Association referred to in Paragraph 12 below from maintaining the other items. 2. Street Tree IVlaintenance. Upon construction of Project improvements and City release of security of Project improvements. Owner agrees, at its sole cost and expense, to maintain, repair, and replace, the Street Trees described herein. The locations of Street Trees covered by this Agreement are described in "Exhibit B", attached hereto. The maintenance obligations are described as: a. Owner shall perform all necessary maintenance on Street Trees including but not limited to trimming, pruning, staking, root barriers, and street tree replacement, all in accordance with the City of Carlsbad's Community Forest Management Plan, Landscape Manual, Municipal Code, Council Policy on Street Trees, and City Standards to ensure Street Trees are maintained in a healthy condition. Owner shall install only those species of street trees as approved by the City. Owner is responsible to maintain street trees in locations as shown on the approved Landscape Plan. Owner shall not remove or relocate street trees to alternate locations without written prior approval from the City. Owner shall perform maintenance to prevent and. If necessary, address any immediate health and safety concerns including but not limited to fallen Street Trees, overgrowth into vehicular or pedestrian travel way, root damage to sidewalks, and visual impairments related to traffic movements. All maintenance activities in this paragraph are described as "Street Tree Maintenance", hereinafter. Unless otherwise approved by the City, all Street Trees removed due to death shall be replaced by the Owner with a Street Tree of the same species as the one removed, and within the same vicinity as the one removed. The replacement Street Tree shall be of a minimum 15-gallon container size, and shall be installed by the Owner no later than 45 days from the date the prior Street Tree was removed. 3. Parkway Irrigation. Owner, at its sole cost and expense, shall provide for all ongoing irrigation required to ensure adequate growth and, once established, to maintain the Street Trees covered by this Agreement. Owner is responsible to maintain all Irrigation Improvements as shown on the Landscape Plan (Irrigation Improvements). Owner shall perform necessary inspections of irrigations systems and controllers to make adjustments of seasonal water demands and irrigation heads to provide the necessary water for Street Trees. 4. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner agrees to incorporate this Agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. 5. Permits Required. Owner shall obtain all necessary permits required to perform Street Tree Maintenance in City right-of-way. 6. Indemnity. Owner shall defend, indemnify and hold harmless the City, its officers, employees and agents from any actions, suits, claims, damages to persons or property, costs Including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss that may be asserted or claimed by any persons, firm, or entity arising from the Owner performing Street Tree Maintenance, or lack thereof, described herein. 7. Responsibility of Plans. Approval of the Landscape Plans by the City shall not constitute an assumption by the City of any responsibility for such damage, costs, etc. City shall not be an insurer or surety for the design, construction or maintenance of the Street Trees pursuant to the Landscape Plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring while performing Street Tree Maintenance as specified in this Agreement. 8. Notices. Any notice which is required or may be given pursuant to this Agreement shall be sent in writing by United States mail, first class, postage pre-paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: If to the City: If to the Owner: City of Carlsbad, City Engineer Presidio Cornerstone QC, LLC 1635 FaradayAvenue 4365 Executive Drive, #600 Carlsbad CA 92008 San Diego, CA 92121 which addresses may be changed from time to time by providing notice to the other party In the manner described above. 9. Lien Capability. Subsequent to Owner notice, and lack of action to remedy the breach of terms of this Agreement, the City may have the right, but the not the obligation to perform certain Street Tree Maintenance to address issues that may involve public safety and the welfare of the public ("Public Safety Street Tree Maintenance"). The City may elect, at its own discretion, to bill to Owner the costs the City incurred to perform Public Safety Street Tree Maintenance covered by this Agreement ("Invoice"). The Owner shall pay the full amount invoice amount within 60-days of the date of Invoice. If after 60-days of non-payment of said Invoice, the amount listed on the Invoice shall constitute a lien on the Owner's Property subject to enforcement and foreclosure in accordance with California State law. However, the lien rights set forth in the declaration of restrictions required pursuant to Condition(s) 15d. of City Planning Commission Resolution No. 6938, shall apply instead of the lien rights set forth in this Paragraph with respect to those portions of the Property that become annexed to the declaration of restrictions. 10. District. Pursuant to the conditions of approval. Project will be annexed into the District to cover the maintenance of certain improvements within City right-of-way. Among other requirements. District may collect assessments to perform Street Tree Maintenance. Under the terms of this Agreement, District will not assess costs for Street Tree Maintenance, provided Owner performs continued Street Tree Maintenance pursuant to the terms of this Agreement. 11. Failure to Maintain. In the event that the Owner falls, at any time to perform Street Tree Maintenance, the failure may be considered a breach of terms of this Agreement. The City is the sole arbiter to evaluate the Owner performance of Street Tree Maintenance. The City may elect, in the public's interest that the District take over Street Tree Maintenance. Upon the City's determination, the City shall provide one (1) written notice to inform Owner that the District intends take over Street Tree Maintenance covered by this Agreement. Within 90- days after receipt of said notice, the District will take over responsibility of Street Tree Maintenance and all property owners within the Project will, hereinafter, become annually assessed the current assessment rate most recently approved by City Council, consistent with the District requirements. The District, by assuming Street Tree Maintenance, shall not assume any obligation to maintain Other Items or Irrigation Improvements. Owner is responsible to maintain Irrigation Improvements and provide for ongoing irrigation necessary to maintain all landscaping in the Parkway, including but not limited to Street Trees as described above. 12. Homeowners Association. Owner represents to City that it intends to, and has the authority to, unilaterally transfer said Street Tree Maintenance to a Homeowners Association, as defined in Civil Code Section 4080 ("Association"), for the Project and that such transfer has been provided for in the Declaration, and that such document(s) include the Street Tree Maintenance provisions described herein. Upon or prior to transfer of obligations under this Agreement to an Association for a portion of the Property, that portion of the Property shall be annexed to the declaration of restrictions required pursuant to Condition(s) 15, of City Planning Commission Resolution(s) No. 6938 which shall include provisions to collect adequate funds to perform Street Tree Maintenance covered by this Agreement. Transfer to an Association shall not reduce, limit, or modify the obligations and terms set forth in this Agreement. Nothing in this Agreement is intended to prevent the transfer to the Association of any obligations under this Agreement 13. Capacity. Each party represents that the person(s) executing this Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. /// /// /// /// /// /// /// /// IN WITNESS WHEREOF, the undersigned has executed this instrument this SQ'^^ day of. OWNER Presidio Cornerstone QC LLC, a Delaware limited liability company CITY OF CARLSBAD a Municipal Corporation of the State of California By: Cornerstone Communities, LLC, a California limited liability company. Its Operal/hg Manager Here) Ure R. Kretowicz (Print Name Here) Manager, Cornerstone Communities, LLC (Print title) By: Matt Hall Mayor ATTEST arbara EnglesoTK City Clerk APPROVED AS TO FORM: CELIA A. BREWER City Attorney Deputy City Aftorm Deputy City Attorney (Proper notarial acknowledgment of execution by OWNER must be attached) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. California State of California County On mu2,2D]^ \^ Dafe personally appeared before me, I i iv Here Insert Name and Title of-tn e Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be theDerson(gfwhose name^^f^ape sybscribed to the within instrument and acknowledged to me that(fe/^o/thGy executed the same in iis/h^/thcir authorized capacity(iesj, and that h'{^/mfMiem' signatur^(s)-on the instrument the persqrj(6), ie entity upon behalf of which the person(s^ acted, executed the instrument. 1" I SHELLEY COLLINS Commission # 196211 Notary Public - California z mmmg^ StH Dlego County g ™^ My Comm. Expires 0«c 25.20151 9 9 mmm a>«yi^r^wiwp^>^twp^ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS n}y hand and official s^l. Signature. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above:^ Capacity(ies) Claimed by Signer(s) Signer's Name: Document Dat©;--: "Signer's Name:. • Corporate Officer — Title(s): • Partner — • Limited • Gen^rai'^ • Individual • Attorpeytii Fact • Trustee D Guardian or Conservator • Other: SignerJs-fTepresenting: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NatlonalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDQMENT CiVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On skM dafe personally appeared before me, ^ 1 HereJnsert Name and Title of the Oncer N^me •sj of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)^whose name(»^is/afe- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hw7ttrelr authorized capacityfies), and that by his/tw/their signaturg^sfon the instrument the person(«)T or the entity upon behalf of which the personjj^) acted, executed the instrument. ILSE GUIDO-JACKSON t COMM. #1961800 % . Notary PiMs*CriMralt 3 iy|y(^ExnliyiDac.B,»5r I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature, Signature of Nots^^blic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Otiier Than Named Above: CapacltyOes) Claimed by Slgner(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attomey in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary /dissociation • www.Nati0nalNotary.0r9 • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 Order Number: NHSC-4768557 (06) Page Number: 10 EXHIBIT ''A" LEGAL DESCRIPTION foTows°''^'^ °^ °^ "^''^^o, state of Caiifornia, described as PARCEL 1: (APN: 167-040-11-00) PORTION OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO PATENT iV|AP THERebF, RECORDED IN BOOK 1 PAGE IS^OF DKSATFOLLO4^^^^ °' ™' "^"'"^ °' SAN^O COUNT^ COMIVIENCING AT CORNER NO. 2 OF SAID RANCHO HEDIONDA; THENCE SOUTH 30° 03' WEST ALONG THE WESTERLY LINE THEREOF, 274.80 FEET, MORE OR LESS, TO THE CEm^R^^^^^ THE RELOCATION OF COUNTY HIGHWAY COMMISSION ROUTE 14, FROM OciANsiDE TO n S^^' ^'^CO'^DING TO MAP THEREOF, FILED IN THE OFFICE OF COUNTY S^RVEYSR OF ^ DIEGO COUNTY; THENCE ALONG SAID CENTER LINE, AS FOLLOWS: ^''''^'=^"'^ ^AN SOUTH 74° 48' EAST, 531.12 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 2,000.00 FEET; ALONG SAID CURVE, THROUGH A CENTI^L ANGLE S'6° 3^" A DISTANCE OF 231.55 FEET; SOUTH 83° 31' EAsV (DEED SOUTH 81° 26' EASTV 2 345 9O'FEET n .of,?^'"^^ °' ^^'^^^ ™^ "^VING A RADIUS OF 2,00000 FE^; ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 12° 19" A DISTANCE OF 429 93 FECT' NORTH 84° 10- EAST (DEED NORTH 86° 15' EAST) 145.34 FEET TO THE BEGINNING OF A C6R^^^^^ iMr. p^ril^Xo^^ ^ ^^^^^ ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6° 38', A DISTANCE OF 258.19 FEET; NORTH 47° ll' EAST (DEED NORTTI 49° 16' EAST) i^.27 FEET, MORE OR LESS TO THE INTERSECHON WITH THE WESTERLY LINE OF LAND DESCRIBED IN DEED TO ROSA MARRON, DATED DECEMBER 10, 1902 AND RECORD^^ IN 1^ 324, PAGE 114 OF DEEDS; THENCE ALONG SAID WESTERLY SE, SuTH 7° 3^ 16" ^° 1'171.22 FEET TO THE TRUE POINT OF BEGINliiNG THENCE S.'^^™?^]:'' '° EAST ALONG SAID WESTERLY LINE, 880.00 FE^TO THE n?cJ?Tof^'^'-^ ^^^^^^ THEREOF, BEING ALSO THE SOUTHEASTERLY CORNER OF IJTND ?cf o^^l^oi" '"^^'^ ^° '^A'^'^°^' "^ATED APRIL 18, 1918 AND RECORDEID IN BOOK JTjr^fl?^^ '^^^^^ SOUTH 67° WEST, ALONG THE SOUTHERLY LINE ^ID LAND, 1,709.40 FEET TO THE MOST SOUTHERLY CORNER THEREOF; THENCE IVIORTH 59° y^!^ SOUTHERLY LINE, 900.09 FEET TO THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN DEED TO JUAN M. MARRON DATED AUGUST 11, 1913 AIJD RESDED IN ^.II^LPAGE 414 OF DEEDS; THENCE NORTH 16° 07' 10" EAST 890 00 FE^ TOTN INTERSECnON WITH A LINE WHICH BEARS SOUTH 83° 37' 09' WEST FROM THE TRUE POINT RP^r""^' ^^'^^ E'^ST, 1,993.84 FEETTOTSETRIE POINT OF EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED LAND: COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO 9336 FILED IN THE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12, 1983 AS FILE NO 83- SM? °' '''^^^^S' ™E^CE "^O*^™ 70° 04- 42" EAST 1,005 63 FEE^ TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING A POINT ON THE ARC OF A NON-TANGENT 178.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY A RAWAL QNE TO SAID CURVE BEARS NORTH 52° 29' 44" WEST; THENCE ALONG THE^ARC OF CURvI 101.20 FEET THROUGH A CENTRAL ANGLE OF 32° 34' 26"; THENCE NORTH 70° 04' 42" EAST First American Title Order Number: NHSC-4768557 (06) Page Number: 11 PARCEL 2: (APN: 167-040-21-00) ROSA MARRON, RECORDED MAY 1, 1903 IN BOOK 324, PAGE 114 OF DEEDS^^^ 01" EAST, RECORD NORTH 68° 42' 26" EAST, 625.00 FEET S0UTIH'71° 01' 22" F^S^^^^^^ ALSO EXCEPTING THAT PORTION OF LYING WITHIN THE FOLLOWING DESCRIBED LAND: COMMEINICIN^^^^ 9336 FILED IN THF ?rrS °^ ™^ ^^^"^"^ RECORDER OF SAN DIEGO COUNTY, MAY 12 1983 AS FILF m J First American Titie Order Number: NHSC-4768557 (06) Page Number: 12 13, 1964, « SH^ o^ttL^^iS "°;?206^^ RECORDED NOVEMBER OF SAID COUNTY, MORE P^RS^'^ES^^TS:' °' PARCEL "A" THENCrN0?Tr62O33^2V^^^ -^HJ^^^^^ FILE/PAGE NO.'S 206558 AND 206559); K^SSHiKSP™—^^^^^ PARCEL 'B' PARCEL 'C First American Title Order Number: NHSC-4768557 (06) Page Number: 13 206559); -mENCE SmTi^^s- ^^'S^^^,^ FILE/PAGE NO.'S 206558 AND ^oes^rSI NOR™ SO-S'™''^ I'pEm-m AND 2<«559); WEN^^S 2^«g. I^ff; | ST^S'LIf' firrst American TWe EXHIBIT B' LEGEND STREET TREES {QTY: 482) INSTALLED BY DEVELOPER AND MAINTAINED BY HOMEOWNER ASSOCIATION (PRIVATE). Quarry Creek - Street Tree Exhibit 'B' Sheet 1 of 9 Quarry Creek - Street Tree Exhibit 'B' Sheet 2 of 9 Lot 1 Lot 2 SEE SHEET 2 Quarry Creek - Street Tree Exhibit 'B' Sheet 3 of 9 SEE SHEET 5 Quarry Creek - Street Tree Exhibit 'B' Sheet 4 of 9 Quarry Creek - Street Tree Exhibit 'B' Sheet 5 of 9 Quarry Creek - Street Tree Exhibit 'B' Sheet 6 of 9 Quarry Creek - Street Tree Exhibit 'B' Sheet 7 of 9 Quarry Creek - Street Tree Exhibit 'B' Sheet 8 of 9 S6£ Lot 4 I SEE SHEETS Lot 4 Quarry Creek - Street Tree Exhibit 'B' Sheet 9 of 9