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Home My WebLink AboutCT 14-03; MR Carlsbad II LLC; 2016-0299722; 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# 2016-0299722 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Jun 17, 2016 09:04AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-110-01-00 ~~--~---------------PROJECT 10: CT 14-03 -----------------------PROJECT NAME: Beach Walk at Madison RELATED PROJECT 10: ----------------------- HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 486-4A) and improvement plans (DWG 486-4) 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) MR Carlsbad II, LLC, 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 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 14\CT 14-03 Beachwalk at Mad>son R>ck\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 14\CT 14-03 Beachwalk at Mad1son R1ck\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 4 fir'. day of ___,,_!!i~.AL-::....,~''-----· 20 /6. ~ __./ APPROVED AS TO FORM: CELIA BREWER City Attorney 1(/nOQ-1 By: 1~~p j~ Assistant City Attorney OWNER(S) MR Carlsbad II, ~L , ;!9--Calif-wnia JjQ1ited /' ... z / company ., .,../ _._:,/..-· // /"""'.~ r /, By: Date: _,#/~ , (sign here) R. Geoffrey McComic, President of Managing Member (print name and title) 5-Y-l 6 \ - By( ~~re) U James Carenza, Vice President of Managing Member (print name and title) Date: )-~-·(f (Proper notarial acknowledgment of execution by owner(s) must be attached) liability (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 \\FILES01V\Departments\CED\Land0ev\PROJECTS\CT\CT 14\CT 14-03 Beachwalk at Mad1son R1ck\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verif1es 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 C' h County of -""'"' _,.>e~'"'-"-1--1)~~1'-';'---"-\. "'-~----"'·c~·,., --'\..~_ ~· On j'A tz '· :J., 2_<Y.).· before me.-~~"' .,::-'.,.-;,_L..,(\w,ck---\\ Wc.J""Y-:~f'\.• y...,~vC£- '-' Date Here Insert Name ~nd Title of the Cfrficer rc -\ personally appeared\{.(..,ce~, f"C":'~ /y.A,,c:C C'.i'b 1 r,; ktJD ..:.Gt..Y'Y'\~2 Name(s) of Signer(s) ----··--·----------------------- who proved to me on the basis of satisfactory ev1dence to be the pe1son(s) whose name(s) Ware subscribed to the within inst1·ument and acknowledged to me that ~/they executed the same in ~r/their authorized capacity(ies), and that by ~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I ceriify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph IS true and corTect. WITNESS my hand and official seal. .. PAMELA MACKELL C()MM .• 2113414 NOTARY P\B.IC • CAl.FOfltM SAN DEGO COllfTY ommission expns MAY 29, 2019 Signatur·;-~I.Ji "Y, . ..;.. \..s:_, '--'\ .. "~( \ ;, G)p-.,-..::_ \..J Signature of Notary Public Place Notary Seal Above ------------------------------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 C~:"-~L ,Y~-· \. (. Title or Type of Document:'-L::'C \Y~\ ~L~.t-.,.~> ·~ Document Date: Number of Pages: Signer(s) Other Than Named Above: _____ _ Capacity(ies) Claimed by Signer(s) . Signer's Name: _Q_ C~..:.c~'t-=<: .... ,'S -~c·.£..J:..,~,<"' Srgner'sName: -~..:,....:{~-z ('~ .... \'e:;·'_.,-·t:2.,<'-".__ 0 Corporate Officer-Title(s): ~-=-_________ 1:'1 Corporate Officer-Title(s): ------~ 0 Partner - 0 Limited 0 General f. I Pariner - 0 Limited D General D Individual D Attorney in Fact I] Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ' -';--, c;.iOther: I'V'v~"''~~~~'.\-__ :y·'-~-~b£--::f_ f)tOther: >t.Jl\e.:.<..:•~~;,:,:,c~_·r~_iY~\c:c-~- Signer Is Representing: . " . Signer Is Representing: ......,~-· ------,~~ ______ tili"2 C..:..:. -.-\""=:;.Dc..-c-1.._ --~I., ~-~-\...J:.._ _ ""'Y--.,__~~Ls\-c,.'a_~~_:_~l1.1-.L.~----=----- @2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 14\CT 14-03 Beachwalk at Mad1son-R1ck\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE. doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COGNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: TENTATIVE MAP NO. T/F IS A SUBD!VISIO:t\ OF THE LAl\'D DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 47 OF SEASIDE LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO lv!AE..I.liBB&Qf_li_Q.J]~£, FILED IN THE OFFICE Of TilE COU"\ITY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY COR:t\ER OF THE NORTHWESTERLY HALF ACRE (COMPUTED TO THE CENTER OF THE ADJOINING STREET) OF SAID LOT 47; THENCE SOUTH 34°33' EAST ALONG THE SOUTH\VEST LINE Of SAID LOT 47 A DISTANCE OF 84 FEET MORE OR LESS TO THE MOST SOUTHERLY CORNER Of THAT PARCEL OF LAND DESCRIBED fN DEED TO JOSEPH D. GLASS, ET CX, RECORDED OCTOBER 9, 1946 IN I}_QQ.K_:f;,:_~.!L.Pl\(U~1L.Qf .. Qf.FKlA1JiliCQ..@_S; THENCE NORTH 55"27' EAST ALONG THE SOUTHEASTERLY l.INE OF SAID GLASS LAND, A DISTANCE Of 145.00 FEET; THENCE NORTH 34u33' WEST PARALLEL WITH TilE SOUTHWESTERLY LINE OF SAID LOT 47, A DISTAI\CE OF 84 FEET MORE OR LESS TO A POINT ON THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY HALF ACRE OF SAID LOT 47; THENCE SOUTH 55°27' WEST 1\LONG SAID SOUTHEASTERLY LINE A DISTA:--ICE OF 145 FEET TO THE POINT OF BEGINNING. APN: 203-110-01-00