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HomeMy WebLinkAboutMS 2017-0004; Steadfast Carlsbad Senior LLC; 2019-0454910; 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# 2019-0454910 111111111111 lllll lllll llll llllll lllll lllll lllll lllll 111111111111111111 Oct 10, 2019 12:29 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr., 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.: 209-060-56-00 209-060-57-00 PROJECT ID: MS 2017-0004 PROJECT NAME: Summit Senior Carlsbad HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 516-?A) 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) Steadfast Carlsbad Senior, 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 stability to the satisfaction of the City Engineer. The owners agree to repair any 1 \IFILES01V\Departments\CED\LandDevlPROJECTS\MSIMS2017\MS2017-0004-Summit Senior Carlsbad-see SDP2017-0006-Levy\B & A\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\PROJECTSIMSIMS2017\MS2017-0004-Summit Senior Carlsbad-see SDP2017-0006-Levy1B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, io day of fnA g LA st APPROVED AS TO FORM: CELIA BREWER City Attorney By: Jn[J. ~ON KEMP Of Assistant City Attorney City of Carlsbad the undersigned , 2015_. OWNER(S) has executed this instrument this Steadfast Carlsbad Senior, LLC, a Delaware limited liability company By: Beacon Bay Holdings, LLC., a Delaware limited liability, Its Mana er By: 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 IIFILES01V\Departments\CED\LandDev\PROJECTSIMSIMS20171MS2017-0004-Summit Senior Carlsbad-see SDP2017-0006-Levy\B & AIHOLD 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 Q'C0.0%f-- On O S I 2. 0 f \ 9 before me, Date C '"''{' ~9 I N~~"'b \' \ C Here Insert Name and Title of the Officer personally appeared D , Y\ a Sh KuYYlG\Y QG\VAY: Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose nam~ is/~ subscribed to the within instrument and acknowledged to me that hot&l>leARQlf executed the same in his{ber41::leir authorized capacity~. and that by hic/41::ler41::toir signature(&) on the instrument the person~. or the entity upon behalf of which the person~ acted, executed the instrument. 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. Signature __ ~c~--3f,·~~~R;;;~;;:;:---a,~fiimrj0\ii,m, ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the docu fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ _ Number of Pages: ___ Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: -----==---:---------::;;.,--"""-- □ Corporate Officer -Title(s): ---=_..~---- □ Partner -□ Limited eral □ Individual □ rney in Fact Guardian or Conservator s Representing: _________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General D Individual D Attorney in Fact D Trustee D Guardian or Conservator □ Other: ______________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CED\LandDev\PROJECTSIMSIMS2017\MS2017-0004-Summit Senior Carlsbad-see SDP2017-0006-l,_evy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 Order No.: 12206371-004-DD-KC Policy No.: CA-FBSC-IMP-72307-1-18-12206371 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: APN: 209-060-56 ALL THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT "B", AS SHOWN ON MAP OF RECORD OF SURVEY NO. 517, RECORDS OF SAN DIEGO COUNTY; THENCE SOUTH 0° 06' EAST ALONG THE WEST LINE OF SAID LOT, AS SHOWN ON THE AFORESAID MAP, 1093.5 FEET; THENCE SOUTH 87° 45' EAST, 1133.0 FEET; THENCE SOUTH 13° 12' WEST, 550.0 FEET; THENCE SOUTH 81° 53' EAST, 2214.4 FEET; THENCE SOUTH 9° 35' WEST, 1003.3 FEET; THENCE NORTH 65° 45' WEST, 646.0 FEET; THENCE NORTH 78° 32' WEST, 369.0 FEET; THENCE SOUTH 22° 37' WEST, 1236.8 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT "B", BEING ALSO THE CENTER LINE OF THE COUNTY ROAD KNOWN AS A-13, AND SHOWN ON THE MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID SAN DIEGO COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE OF SAID LOT AND SAID CENTER LINE OF SAID ROAD, SOUTH 77° 30' EAST, 888.8 FEET; SOUTH 52° 56' EAST, 514.0 FEET; AND SOUTH 80° 12' EAST 660.0 FEET; THENCE SOUTH 80° 12' EAST ALONG THE EASTERLY PROLONGATION OF SAID CENTER LINE, 7.6 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 20° 31' 30" EAST, 370.03 FEET; THENCE NORTH 40° 28' 30" WEST, 238.78 FEET; THENCE SOUTH 20° 31' 30" WEST, 525.34 FEET TO THE AFOREMENTIONED CENTER LINE OF COUNTY ROAD A-13; THENCE SOUTH 80° 12' EAST ALONG SAID CENTER LINE AND THE EASTERLY PROLONGATION THEREOF, 212.55 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: APN 209-060-57 THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT "B" AS SHOWN ON RECORD OF SURVEY MAP NO. 517, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 23, 1935; THENCE ALONG THE WEST LINE OF SAID LOT "B" AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 517, SOUTH 00° 06' 00" EAST, 1093.50 FEET; THENCE SOUTH 87° 45' 00" EAST, 1133.00 FEET; THENCE SOUTH 13° 12' 00" WEST, 550.00 FEET; THENCE SOUTH 81° 53' 00" EAST, 2214.40 FEET; THENCE SOUTH 09° 35' 00" WEST, 1003.30 FEET; THENCE NORTH 65° 45' 00" WEST, 646.00 FEET; THENCE NORTH 78° 32' 00" WEST, 369.00 FEET; THENCE SOUTH 22° 37' 00" WEST, 1236.80 FEET TO THE CENTER LINE OF COUNTY ROAD A-13 AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 517; THENCE ALONG SAID CENTER LINE AS FOLLOWS: SOUTH 77° 30' 00" EAST, 888.80 FEET; SOUTH 52° 56' 00" EAST, 514.00 FEET; AND SOUTH 80° 12' 00" EAST, 455.05 FEET TO THE MOST WESTERLY CORNER OF LAND DESCRIBED IN DEED TO STEVEN GREGORY, ET UX, RECORDED DECEMBER 4, 1956 IN BOOK 6367, PAGE 25 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID GREGORY'S LAND, NORTH 20° 31' 30" EAST, 525.34 FEET TO THE MOST NORTHERLY CORNER OF SAID LAND; THENCE ALONG THE 72307A (6/06) ALTA Loan Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 2 I\MLIUC.:I\N tANO TITLE A~S1)C.I-\TIO~ Order No.: 12206371-004-DD-KC Policy No.: CA-FBSC-IMP-72307-1-18-12206371 EXHIBIT A (Continued) NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID GREGORY'S LAND, NORTH 40° 28' 30" WEST TO THE INTERSECTION OF A LINE BEING PARALLEL WITH AND DISTANT 100.00 FEET NORTHWESTERLY OF THE NORTHWESTERLY LINE OF SAID GREGORY'S LAND; THENCE SOUTH 20° 31' 30" WEST ALONG SAID PARALLEL LINE TO THE CENTER LINE OF SAID COUNTY ROAD A-13; THENCE ALONG SAID CENTER LINE SOUTH 80° 12' 00" EAST TO THE TRUE POINT OF BEGINNING. 72307A (6/06) ALTA Loan Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 3 AMl:RICAN 1:JtrilD_TlnE ASSOCIA.TI0,'11