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Home My WebLink AboutCT 2017-0002; Tyler Street Development LLC; 2019-0239320; 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# 2019-0239320 1111111111111111111111111111111111111111111111111111111111111111111111 Jun 19, 2019 09:28 AM OFFICIAL RECORDS Ernest ,J Dronen burg, Jr , 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.: 204-070-11-00 ~ PROJECT ID: -C-T-20_1_7--0-00_2 _____ _ ~ PROJECT NAME: Tyler Street Residences HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 508-5A ) 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 Development, 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 l 1 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT2017\CT2017-0002 Tyler Street Residences -Rick\Bonds and Agreements\HOLD 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 IIFILES01V\Departments\CED\LandDev\PROJECTS\CTICT2017\CT2017-0002 Tyler Street Residences· R1ck\8onds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 IN WITNESS WHEREOF, the undersigned )4 day of _Jv""""'--~-----' 20Jj. OWNER(S) has executed this instrument this Tyler Street Development, LLC, a California limited liability company APPROVED AS TO FORM: CELIA BREWER City Attorney By){j_~ J ~ '°RN K~P Assistant City Attorney City of Carlsbad By: Date: By: Date: Elizabeth LaGrua, Manager (print name and title) u{ ,f ,q (sign here) (print name and title) (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 \\FILES01V\Departments\CED\LandDev\PROJECTSICnCT2017\CT2017-0002 Tyler Street Residences -R1ck\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 r -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 Cal1fo\nta ~ ) County of r l,,,p ~ ~ tJbT?teS ) On G fr /70i '1 before me, k{/ I u t ltlvt ltfrvl 12-tr Ito/, A,n-4J1 / t/fou £._. , ez, Here Insert Name and Title of the Officer personally appeared ______ !_7_/+_t:K/ ___ · __ J-1 __ ~~-~-· ~<i/1~~-+----------- Date Name(s) of Signer(s) ------------------------·------------------------- wl10 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(1es), 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing pa aP, is true and correct. 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 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: LI Corporate Officer -Title(s): LJ Corporate Officer -Title(s): ____ _ [l Partner -□ Limited □ General □ Partner -□ Limited D General LJ Individual L Attorney in Fact LJ Individual [J Attorney in Fact r I Trustee 11 Guardian or Conservator n Trustee 17 Guardian or Conservator [J Other: ____________________ _ □ Other: Signer Is Rep,·esenting: Signer Is Representing: ___________________ _ ---------------------------------- ,, '2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departments\CED\LandDevlPROJECTSICT\CT2017\CT2017-0002 Tyler Street Residences -R1ck\Bonds and AgreementslHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 PKELIMINARY REPORT YOUR REFERENCE Chicago Title Company ORDER NO.: 00095616-996-SD l-RT4 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO l!EREIT\ BELOW JS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SA:\ DIEGO, STATE OF CALIFORNIA, AJ\.D IS DESCRIBED AS FOLLOWS: PARCEL I· AP'I .10-+-02(1-1():illl LOT NO. 9 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO ~BJ~JHERLOF 1\0. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923. EXCEPTING THEREFROM, THE ~ORTHWESTERLY 69.0 FEET THEREOF, THE SOUTHWESTERLY LINE OF SAID NORTHWESTERLY 69.0 rEET BEING DRAWN PARALLEL WITH AND DISTANT 69.0 FEET AT RIGHT ANGLES FROM THE NORTHWESTERLY LINE OF SAID LOT NO. 9. ALSO EXCEPTING THEREFROM THE SOUTHWESTERLY 212.0 FEET THEREOF. PARCEL 2 APN 20-+:lJ7_0-1 !-Q() THE SOl~THWESTERL Y 212.0 rEET OF LOT 9 OF 1.\/DlJSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STA TE OF CALIFORNIA, ACCORDING TO \HI' l'I ILRLQF NO. 17:4.1, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923. EXCEPTING THEREFROM THE NORTHWESTERLY 69.0 FEET THEREOF, THE SOUTHWESTERLY LINE OF SAID M)RTHWESTERL Y 69.0 FEET BEING DRAW'.\/ PARALLEL WITH AND DISTAJ\'T 69.0 FEET AT RIGHT Al\.GLES FROM T!Ir NORTHWESTERLY LINE OF SAID LOT 9. ALSO EXCEPTING THEREFROM THE SOUTHWESTERLY I 06.0 FEET THEREOF. CLIA Preliminary Repurt Form -Modified ( I 1/17/06) Page 3