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HomeMy WebLinkAboutCDP 03-12; Flat Water Park LLC; 2019-0454907; Hold Harmless Agreement/Release (2)RECORDING 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# 2019-0454906 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 Oct 10, 2019 12:29 PM OFFICIAL RECORDS Ernest J Dronen burg, Jr, 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.: 206-192-49-00 --------------re-PROJECT ID: _C_D_P_03_-_12 ______ _ PROJECT NAME: Adams Street SFR (North) HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 423-8B) 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), Flat Water Park, 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 1 O.ICED\LandDev\PROJECTSICDPICDP 03\CDP 03-12 Adams Street SFR North -Farmer\Bonds and Agreements\B & A -DWG 423-BIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:\CED\LandDev\PROJECTS\CDP\CDP 03\CDP 03-12 Adams Street SFR North -Farmer\Bonds and Agreements\B & A-DWG 423-8\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this Z, day of ~~~ , 20J1,. APPROVED AS TO FORM: CELIA BREWER City Attorney By: DU~ RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) Flat Water Park, LLC a California limited liability company ~-~C-By: (sign here) James Chambers -Manager (print name and title) Date: By: (sign here) (print name and title) Date: (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:ICED\LandDev\PROJECTSICDPICDP 03\CDP 03-12 Adams Street SFR North -Farmer\Bonds and Agreements\B & A -DWG 423-BIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 ,Savi Dr-es() ) On Sep\e,mb.b ~-.l.ol) before me, '1<>"1GiS::llC \J)\Aei£_, .A-/\}~ Ptl-h{, (, Date Here Insert Name and Title ~fficer personally appeared __ __,illj""---'--,,1-'M/:'----"'-""":S''-------__,C__,_HA.,,.__._.__M_.._.,(?,_{;;RS=---c.---"'-=------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~) is~ subscribed to the within instrument and acknowledged to me that he/sbeAh~ executed the same in his/~ir authorized capacity~. and that by his/.b8+,tthe1r signature(e}-on the instrument the person~). or the entity upon behalf of which the persoll(s) acted, executed the instrument. Place Notary Sea/ 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. S.gnatu<e ~ @__ £ 's;gtureotNotaryPub/ic ---------------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 Document Title or Type of Document: _____________ Document Date: ________ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: _______________ _ □ Other: ---------------~ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q·\CED\LandDev\PROJECTS\CDP\CDP 03\CDP 03-12 Adams Street SFR North -Farmer\Bonds and Agreements\B & A-DWG 423-B\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 LEGAL DESCRIPTION Order Number: DTR-5907296 Page Number: 7 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: ALL OF PARCEL 1 OF PARCEL MAP NO. 12773, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JUNE 20, 1983. EXCEPTING THEREFROM THE FOLLOWING PORTION OF SAID PARCEL 1, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1, NORTH 65°56'33" EAST, 4.35 FEET (NORTH 65°32'23" EAST PER SAID PARCEL MAP NO. 12773); THENCE LEAVING SAID NORTHERLY LINE, SOUTH 21 °59'22" EAST, 80.88 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 73°47'43" WEST, 16.03 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 1, NORTH 13°39'00" WEST, 79.95 FEET TO THE POINT OF BEGINNING. THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE WITH CONDITIONS RECORDED APRIL 07, 2005 AS INSTRUMENT NO. 05-287693, OF OFFICIAL RECORDS. PARCEL 2: AN EASEMENT FOR ROAD AND UTILITY PURPOSES AND DRAINAGE OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 12773, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 12773 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1983, DESIGNATED AND DELINEATED ON SAID PARCEL MAP AS "15 FOOT EASEMENT RESERVATION FOR DRAINAGE, UTILITIES, INGRESS AND EGRESS". APN: 206-192-49-00 First American Title Page 7 of 15