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HomeMy WebLinkAboutPUD 09-02A; LIFE TECHNOLOGIES CORPORATION; 2010-0369176; Hold Harmless Agreement/ReleaseDDCtt 2010-0369176 HP 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 JUL22, 2010 2:52 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 PAGES:5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 212-130-49 PROJECT ID: PUD 09-02 A PROJECT NAME: Life Technologies RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 462-7B) and improvement plans (DWG 462-7C) 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, l/(We) Life Technologies Corporation, a Delaware Corporation, 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 1 H:\Development Services\PROJECTS\PUD FILES\PUD 09\PUD 09-02 Life Technologies - Riddle\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 462-7BJ.doc 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this day of ^^ , 20 li) . OWNER(S) Life Technologies Corporation, a Delaware Corporation (print name and title) Date: By: Joseph W. Secondine, Jr., General Council and Assistant Secretary (print name and title) Date: 4 APPROVED AS TO FORM: RONALD R. BALL City Attorney By:. "Deputy City Attorney (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.) 2 H:\Development Services\PROJECTS\PUD FILES\PUD 09\PUD 09-02 Life Technologies - Riddle\B 8 A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 462-7B).doc EXHIBIT "A"Order No.: 910020025-X02 LEGAL DESCRIPTION A CONSOLIDATION OF PARCELS 3 AND 4 OF CARLSBAD MINOR SUBDIVISION NO. 97-04 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 17971. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 24, 1997 AS FILE NO. 1997-0656621 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 4; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 54°09'07" EAST 313.93 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD AS DEDICATED PER CARLSBAD TRACT NO. 85-24, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 16, 1991, SAID POINT ALSO LIES ON THE ARC OF A 1949.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE FROM SAID POINT BEARS NORTH 70°10'06" WEST; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE; SOUTHWESTERLY 935.87 FEET THROUGH A CENTRAL ANGLE OF 27°30'44" TO A POINT OF COMPOUND CURVATURE WITH A 2349.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; A RADIAL LINE FROM SAID POINT BEARS NORTH 42°39'22" WEST; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE; SOUTHWESTERLY 0.47 FEET THROUGH A CENTRAL ANGLE OF 0°00'41" TO A POINT OF COMPOUND CURVATURE WITH A 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE; NORTHWESTERLY 39.41 FEET THROUGH A CENTRAL ANGLE OF 90°19'50" SAID POINT ALSO LIES IN THE NORTHEASTERLY RIGHT OF WAY LINE OF FARADAY AVENUE AS DEDICATED PER SAID MAP NO. 12815: THENCE ALONG SAID RIGHT OF WAY LINE; NORTH 42°18'51" WEST 81.10 FEET TO THE BEGINNING OF A 1242.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE NORTHWESTERLY 386.56 FEET THROUGH A CENTRAL ANGLE OF 17°49'58" TO A POINT OF REVERSE CURVATURE WITH A 25.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY 42.18 FEET THROUGH A CENTRAL ANGLE OF 96°40'47" TO A POINT WHICH LIES ON THE SOUTHERLY RIGHT OF WAY OF VAN ALLEN WAY AS DEDICATED PER SAID PARCEL MAP NO. 17971; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 36°31'58" EAST 55.85 FEET TO THE BEGINNING OF A 264.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE AND RIGHT OF WAY LINE NORTHEASTERLY 125.35 FEET THROUGH A CENTRAL ANGLE OF 27° 12'19"; THENCE NORTH 63°44'17" EAST 158.87 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE EASTERLY 29.42 FEET THROUGH A CENTRAL ANGLE OF 18°43'51"; THENCE NORTH 82°28'06" EAST 50.0 FEET TO THE BEGINNING OF A 60.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY 114.19 FEET THROUGH! A CENTRAL ANGLE OF 109°02'51'" THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 63°25'17" EAST 52.84 FEET THENCE; NORTH 35°50'53" EAST 366.81 FEET TO THE POINT OF BEGINNING. APN: 212-130-49 END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11-17-06) Page 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Me personally appeared before me, S- Hefe Insert Name and Title 91 the Officer _ . Name(s) ol Signers) S. COLTON Commission # 1889058 Notary Public - California San Oiigo County Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personfs) whose namefs)d§2are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacitypee), and that by his/hetftheir signature^ on the instrument the personfj^ or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY 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 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Datel->''-^r~>^- l~j ^? Dl Signer(s) Other Than Named Above: tsluumber of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name:C&,S^fih W- D Individual X3 Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINTOF SIGNER Top of thumb h'ere: Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here. $ify!sifi?&y&?9!&^ ' ©2007 National Notary Association * 9350 De Soto Ave., P.O.Box 2402-Chatsworth, CA 913ia-2402-www.NationalNotary.org Item #5907 Reorder Call ToH-R»e 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT &ae«%a3s<ag<ssec:(Se<?J36ee@<^^ State of California County of personally appeared O t before me, (3. Here'lnsert Name and Title of life Officer Name(s) of Signer(s) s. COLTON Commission * 1889058 Notary Public - California San Diego County— -- ,Jun9 who proved to me on the basis of satisfactory evidence to be the person(s^-whose name(s)3i>/.afe. subscribed to the within instrument and acknowledged to me that ho/cho/thoy executed the same in his/Nef#heir authorized capacity(ies), and that by his/befftheir signaturefs) on the instrument the person(e}, or the entity upon behalf of which the person(s). acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature ofTOIary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: OO \O \ J Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's D Individual Corporate Officer — Title(s): Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPR1NT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D Genera! D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here -n£>- ??2X^;^-^7^;yj<:>^Xi€^XS!?3?33^^