The URL can be used to link to this page

Home My WebLink AboutMS 2018-0005; GS CARLSBAD WEST OAKS OWNER LLC; 2026-0190491; 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# 2026-0190491 111111111111 lllll lllll llll llllll 111111111111111111111111111111 IIII IIII Jul 02, 2026 11 :01 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. : 212-040-26-00; 212-110-01-00; 212-110-02-00; 212-110-03-00; 212-110-04-00; 212-110-05-00; 212-110-06-00; 212-110-07-00; 212-110-08-00 PROJECT ID: MS 2018-0005 PROJECT NAME: West Oaks HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE ------------- In consideration of the City's approval of a grading plan (DWG 531-9A) 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), GS Carlsbad West Oaks Owner 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. It is agreed that the above owners will maintain all slopes and landscaping in a manner to insure slope stabi!ity 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. [signatures on the following page] Executed by Developer this 2',~ day of 6 ~ GS CARLSBAD WEST OAKS OWNER, LLC., a Delaware limited liability company By: GS CARLSBAD WEST OAKS LLC., a Delaware limited liability company its sole member and sole manager By: PR Ill Carlsbad West Oaks Investor LLC, a Delaware limited liability company, a Member By: PR Ill West Sub REIT LLC, a Delaware limited liability company, its Sole Member By: PRISA Ill Apartment Sub REIT TRS LLC, a Delaware limited liability company its Manager By: PR Ill Apartment REIT, LLC, a Delaware limited liability company, its Manager By: PRISA Ill Investments, LLC, a Delaware limited liability company, its Manager By: PRISA Ill REIT Operating LP, a Delaware limited partnership its Sole Member By: PRISA Ill OP GP, LLC, a Delaware limited liability company, its General Partner By: PRISA Ill Fund LP, a Delaware limited partnership its manager By: PRISA Ill Fund GP, LLC, a Delaware limited liability company its general partner By: PRISA Ill Fund PIM, LLC, a Delaware limited liability company, its sole member By: PGIM, Inc., a New Jersey corporation its sole member ,20 ~ By: GS Carlsbad West Oaks Manager LLC., a Delaware limited liability company a member By: Greystar Development Manager LLC., a Delaware limited liability company its sole member By: (Name of Developer) Raul Tamez (print name here) Authorized Signatory GS Carlsbad West Oaks LLC (title and organization of signatory) See Attached Form For Notary Upeksha Thennakoon Knox, Notary Public Dated-0€./2~/'202, APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By: c ~:;;A C. Dalton Sorich Assistant City Attorney City of Carlsbad Date: 7 / t ( 2ul{ 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. State of California County of Los Angeles On uuV\e '2.Ci:,'fl. \ '2..02.~ before me, Upeksha Thennakoon Knox, Notary Public Date Here Insert Name and Title of the Officer personally appeared ____ :fG-----"----'....,a.=---.;::u'----'\_y:_.__q=m:...:.......,e.,._'Z.,,,,__ ______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. UPEKSHA THENNAKOON KNOX • Notary Public• Callfornla ~ Los Angeles County ! :P. Commission I/ 2470248 My Comm, Ekplres Nov 8, 2027 Place Notary Seal 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. ----------------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 Docume'\\ Title or Type of Document: \-\olcl~o.rm \e.ss "'aY'.a.Loeo! -6,eo lo 3\c.a.l f<t i lute Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: ---~~------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: ---------~---1-----+-~~-+ Signer Is Representing: <!:IS Carls tJ Wt4r CC\ ks: LLC Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: _____________ _ Signer Is Representing: _________ _ EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Parcel 1: (APN(s): 212-110-01-00 through 212-110-08-00) Lots 1 through 8, inclusive of CARLSBAD TRACT NO. 82-4 PALOMAR OAKS II, in the City of Carlsbad, County of San Diego, State of California, according to Map Thereof No. 11358, filed in the Office of the County Recorder of San Diego County, October 23, 1985. Parcel 2: (APN: 212-040-26-00) That portion of that certain parcel of land shown and designated as "Description No. 3, 78.07 acres" on record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the RANCHO AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at the most Southerly corner of said Parcel 3; thence along the Northeasterly line of Parcel 3, North 39°35'10" West, 1666.97 feet to the intersection with the center line of county road survey 1534 as shown on said record of Survey Map No. 5715, being a point on the arc of a 1200 foot radius curve, concave Southwesterly in said center line, a radial line of which bears North 26°52'26" East to said point; thence Northwesterly along the arc of said curve through a central angle of 13°52'31" a distance of 290.60 feet to Engineer's Station 99 plus 50.00 of said road survey 1534; thence along a radial line of said curve, South 12°58'19" West to the Southwesterly line of said parcel designated as "Description No. 3" being the true Point of Beginning; thence retracing North 12°58'19" East to said 1200 foot Radius curve in the center line of county road survey 1534; thence Westerly along said curve, 39.26 feet to the Westerly end thereof; thence along said center line tangent to said curve North 78°54'09" West 110. 74 feet; thence Southerly in a straight line to the most Northerly corner of that parcel of land designated as "Description No. 5, 103.54 acres" on said record of Survey Map No. 5715; thence along the Northeasterly line thereof, being the Southwesterly line of said "Description No. 3", South 57°12'36" East to the true Point of Beginning.