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Home My WebLink AboutSDP 2017-0011; LC Investment 2010 LLC; 2026-0054115; Hold Harmless Agreement/Release2/26/26, 2:59 PM RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad VIiiage Dr. Carlsbad, CA. 92008 Recorded for the benefit of a government agency Batch 20707069 Confirmation DOC# 2026-0054115 111111111111 lllll 11111111111111111111 lllll lllll lllll 111111111111111111 Feb 26, 2026 02:26 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES:6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. : 216-590-22-00 -------------PROJECT ID: SDP 2017-0011 PROJECT NAME: Omni La Costa Ballroom HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 514-6B) 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), LC Investment 2010, LLC which will do business in California as LC Resort Investment 2010, LLC., a Delaware 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. https://gs.secure-erds.com/Batch/Confirmation/20707069 7/10 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 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this \\ day of f-~~0ffl,v\ , 2olf.o. APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By: __ G ~~~--~-- c. Dalton Sorich Assistant City Attorney Date: _&_/;_z,,.----'5/2,..__2-_0_~_£. __ LC INVESTMENT 2010, LLC which will do business in California as LC RESORT INVESTMENT 2010, LLC., a Delaware limited liability company By: ~nhere) Michael G. Smith -Manager (print name and title) TEXAS NOTARY ACKNOWLEDGMENT State of Texas County of --"-D-'---'-v\ _._,\ l v1._,_S=------- J te 1~ nt UiYt?t, ti\ noffiv1 vv11?Ji(;1 Before me, _____ (insert the name and character of the officer), on this day personally appeared Mil hvlt, \ G • .~~to me ( or proved to me on the oath of ______ or through J(i VftY~ I iCtn~t. (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this _.\..._\ _ day of Y-~~ , 201,JQ Notary Public Signature (Seal) ,,,,,~~•ti,,,, JOSELYNE LARA {/:x::_<~ Notary Public, State of Texas ":;,0,,: .. ~,,:fg Comm. Expires 03-17-2026 .,,:,1;,··oic'1,'' Notary ID 13365291 o '"''' Page 1 of 1 Exhibit A-Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: {216-590-19-00) OLD; PORTION OF APN: 216-590-22-00) NEW THAT PORTION OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING ALSO DESCRIBED AS THAT CERTAIN PARCEL OF LAND LABELED "NOT A PART", LOCATED NORTH AND CONTIGUOUS WITH LOT 17 OF CARLSBAD TRACT NO, 03-01, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14984, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 2005, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 17; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 17 THE FOLLOWING 2 COURSES: NORTH 86° 15' 35" WEST 34.92 FEET; THENCE NORTH 74° 11' 24" WEST 359.68 FEET TO THE NORTHWEST CORNER THEREOF, SAID POINT BEING ALSO ON THE EASTERLY LINE OF LOT 20 OF SAID MAP NO. 14984; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING 6 COURSES: NORTH 20° 02' 21" EAST 248.71 FEET; THENCE SOUTH 69° 57' 39" EAST 2.00 FEET; THENCE NORTH 20° 02' 21" EAST 26.27 FEET; THENCE NORTH. 69° 59' 20" EAST 44.56 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 760.00 FEET; A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 19° 02' 41" WEST; THENCE ALONG SAID CURVE EASTERLY 228.50 FEET; THROUGH A CENTRAL ANGLE OF 17° 13' 35"; THENCE RADIAL FROM SAID CURVE NORTH 01 ° 49' 06" EAST 10.00 FEET TO THE SOUTHERLY LINE OF ARENAL ROAD AS SHOWN ON SAID MAP NO. 14984, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 01° 49' 06" EAST; THENCE ALONG SAID SOUTHERLY LINE OF ARENAL ROAD AND ALONG SAID CURVE EASTERLY, SOUTHEASTERLY AND SOUTHERLY, 37.76 FEET THROUGH A CENTRAL ANGLE OF 86° 32' 31", TO THE NORTHWEST CORNER OF LOT 22 OF SAID MAP NO. 14984, SAID POINT BEING ON THE WESTERLY SIDELINE OF ESTRELLA DE MAR ROAD, AND ALSO BEING THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 3470.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 88° 21' 37" EAST; THENCE ALONG THE WESTERLY LINE OF SAID LOT 22 AND ALONG SAID CURVE SOUTHERLY 317.84 FEET THROUGH A CENTRAL ANGLE OF 05° 14' 53" TO THE POINT OF BEGINNING, PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 22, 2005 AS DOCUMENT NO. 2005-1094980 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ALL OIL, MINERALS,-NATURAL GAS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL RESOURCES, METALLIFEROUS OR OTHER ORES, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, AND ALL RIGHTS ASSOCIATED WITH THE FOREGOING, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY AS RESERVED IN THE DEED RECORDED FEBRUARY 21, 2006, INSTRUMENT NO. 2006-0120295, OFFICIAL RECORDS. PARCEL 2: NON-EXCLUSIVE EASEMENTS AND RIGHTS FOR PEDESTRIAN AND VEHICULAR ACCESS; INGRESS AND EGRESS OVER, ACROSS AND THROUGH LOT 22 OF CARLSBAD TRACT NO. 03-01-01, ACCORDING TO MAP THEREOF NO. 14984 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON MARCH 18, 2005, AS GRANTEE-BY GRANTS OF ACCESS EASEMENT RECORDED SEPTEMBER 15, 2006, AS INSTRUMENT NO. 2006-0659220, OFFICIAL RECORDS AND SEPTEMBER 15, 2006 AS INSTRUMENT NO. 2006-0659232 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA.