Encinitas approves ‘right of entry’ agreement with Pacific View group

ENCINITAS — The coalition working on a long-term project at the Pacific View Elementary School site now has permission to enter the grounds in advance of the lease to clean up the property.

The City Council unanimously approved the so-called “right of entry” agreement with the group known as the Encinitas Arts, Culture and Ecology Alliance, which allows them to access the property and maintain it as they move forward with their plans for a long-term project on the site.

“The Council heard comments from a neighbor and then unanimously approved the recommendation to authorize the City Attorney to conclude a Right of Entry agreement with the Alliance,” Councilwoman Lisa Shaffer said in her newsletter to her supporters. “Now we need to get the long-term lease agreement finished!”

According to the agreement, the alliance can only work on the grounds between 7 a.m. and 7 p.m. Monday through Saturday. Work is prohibited on Sundays and holidays.

The agreement also calls for the alliance to provide a $1 million insurance policy and indemnify the city against any liability.  The right of entry agreement lasts for a year, and would require council’s authorization to extend it.

The alliance and the city have been negotiating a long-term agreement for the property since September, when the council selected the group over a second proponent as their choice to steward the property, which the group wants to transform into an arts, culture and ecology center.

But those negotiations have gone on longer than originally anticipated, and city and alliance officials are expecting they could drag on for at least another six months.

Meanwhile, the property, which has been shuttered since 2003, sits in dilapidated condition and is an eyesore, officials said.

The alliance, in exchange for permission to clean up the property, offered to pay for the maintenance, as well as provide the city with liability insurance and indemnity.

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