HomeMy WebLinkAbout; Viola, Theodore D.; 2021-0694149; Uncontrolled Stockpile Agreement/Releaseor 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 Engineering Manager; 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 or Owner'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. 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 Engineering Manager 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.
4. This Agreement shall remain in effect until a release of this agreement is filed by
the Engineering Manager.
Ill
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EXHIBIT A
PARCEL 1 AND 2 OF MINOR SUBDIVSION NO. 2018-0008, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 21698, FILED IN THE OFFICE OF THE
SAN DIEGO RECORDER OF SAN DIEGO COUNTY, JULY 12, 2019.