Loading...
HomeMy WebLinkAboutCT 2024-0001; Tyler Street Dev LLC; 2025-0114394; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2025-0114394 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII May 01, 2025 10:12 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. : 204-010-09-00 --------------PROJECT ID: CT 2024-0001 PROJECT NAME: Tyler Street Homes HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 549-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, 1/(We) Tyler Street Dev, LLC., a California limited liability company, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geological failure of any nature, type or cause or any subsequent damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to those plans or permits by the City shall not constitute an assumption by the City of any responsibility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. The entire risk of any loss resulting from or caused by any geological failure is assumed by and shall be borne by the owner. It is agreed that the above owners will maintain all slopes and landscaping in a manner to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any damage to public improvements caused by any geological failure referred to in this agreement to the satisfaction of the 1 Q:ICED\Admin\B&A\PROJECTSICT 2024-0001; IMP2024-0010; GR2024-0023 -Tyler Street Homes_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 City Engineer. The owners agree to repair or stabilize any slope which the City Engineer determines may fail and cause damage to public improvements. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:ICED\Admin\B&A\PROJECTS\CT 2024-0001; IMP2024-0010; GR2024-0023-Tyler Street Homes_N.FIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CH·'1 IN WITNESS WHEREOF, the undersigned has executed this instrument this --~'-day of Apr ii , 20 25. APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney OWNER{S) TYLER STREET DEV, LLC., a California limited liability company By: KMJ Real Estate, LLC., a California limited liability company Its sole manager By: John H. Norum -Authorized Member, KMJ Real Estate, LLC. (print name and title) Date: By: ~ /~, HIM~ City Attorney City of Carlsbad (Proper notarial acknowledgment of execution by owner(s) 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.) 3 Q:\CED\Admin\B&A\PROJECTS\CT 2024-0001; IMP2024-0010; GR2024-0023 -Tyler Street Homes_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 I •••• 111111■ ·········-······ nm ----------· 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 ){I/) f)/t'9/ On At,,l'. f/JJ, ZtJ tz before me, c;iMtlA /JeL&'t f/Jttr, fftJ'/t//'1 J?l(#'L/C Oat; Here Insert Name and Title of t/Je Officer personally appeared -=],_21/~l'-'---=AL...----1-f/_,__._,------"M_,,_=~_.f''-------"4.....,t"Z_L_ ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY 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 ~~ Signoture of Notory Public OPTIONAL Completing this informotion ccm cleter c1/terc,tion of the document or frm1c/ulent reottochment of this form to on unintenc/ec/ document. Description of Attached Document Title or Type of Document: __________________________ _ DocumentDate: _____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: _______________________ _ Capacity(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: □ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney In Fact □ Individual □ Attorney In Fact D Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2019 National Notary Association 4 Q:ICED\Admin\B&AIPROJECTSICT 2024-0001; IMP2024-0010; GR2024-0023 -Tyler Street Homes_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 5 INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY JANUARY 3, 1923, TOGETHER WITH THAT PORTION OF LOTS 13, 14, 15, AND 16 IN BLOCK "F" OF CARLSBAD ACRE TRACT 106, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888. ALSO THOSE PORTIONS OF FIRST STREET ADJACENT ON THE NORTHEAST; PINE AVENUE ADJACENT ON THE NORTHWEST; AND THE ALLEY ADJACENT ON THE SOUTHWEST LYING BETWEEN THE NORTHEASTERLY LINE OF THE 200.00 FOOT RIGHT-OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD AND THE SOUTHWESTERLY LINE OF SAID BLOCK "F", AS VACATED BY RESOLUTION OF THE COUNTY BOARD OF SUPERVISORS ON MARCH 1, 1915 IN BOOK 36, PAGE 104 OF MISCELLANEOUS RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5, ALSO BEING THE NORTHEASTERLY CORNER OF LOT 4 OF SAID MAP 1743; THENCE, SOUTH 55°27'00" WEST 162.84 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 4 TO A POINT ON A PARALLEL LINE THAT IS 3.00 FEET, MEASURED PERPENDICULAR AND SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF SAID LOT 5; THENCE, SOUTH 34°33'00" EAST 139.82 FEET TO THE NORTHWESTERLY LINE OF LOT 6 OF SAID MAP 1743; THENCE, NORTH 55°27'00" EAST 162.84 FEET ALONG THE NORTHWESTERLY LINE OF SAID LOT 6 TO THE NORTHEASTERLY CORNER OF LOT 5, ALSO BEING THE SOUTHWESTERLY RIGHT-OF-WAY OF TYLER STREET (FORMERLY FIRST STREET); THENCE, NORTH 34°33'00" WEST 139.82 FEET ALONG SAID SOUTHWESTERLY LINE OF TYLER STREET (FORMERLY FIRST STREET) TO THE POINT OF BEGINNING. AS DESCRIBED IN THAT CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT RECORDED JUNE 12, 2024 AS INSTRUMENT NO. 2024-0147448 OFFICIAL RECORDS . APN: 204-010-09-00