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HomeMy WebLinkAboutSDP 16-10; RAF Group Lot 8 LLC; 2017-0075905; 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# 2017-0075905 1111111111111111111111111111111111111111111111111111111111111111111111 Feb 15, 2017 11 :02 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE SSESSOR'S PARCEL NO.: 2091200700 PROJECT ID: DEV16017 I SOP 16-10 PROJECT NAME: Carlsbad Oaks Lot 8 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 497-9A) 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) RAF Group Lot 8 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 Joss 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\LandDev\PROJECTSISDPISDP 16\SDP 16-10 Carlsbad Oaks Lot 8-Rick\B & AIHOLD 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 \IFILES01V\DepartmentsiCED\LandDev\PROJECTSISDPISDP 16\SDP 16-10 Carlsbad Oaks Lot 8-Rick\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, ?-C) dayof Det.em~Y the undersigned has executed this instrument this ,20_1~ OWNER(S) RAF Group Lot 8, LLC, a Delaware limited liability APPROVED AS TO FORM: CELIA BREWER City Attorney By: A()/)) /)) ~ IJJKEM'p~~ Assistant City Attorney City of Carlsbad company By: RAF Pacifica Group -Develo LLC, a California limited liabilit Its Member By: Adam Robinson, Manager Date: (print name and title) /2_ 122' I I b f ( 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 \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 16\SDP 16-10 Carlsbad Oaks Lot 8-Rick\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 Califor~ia f'... , ) County of S~,\ V\ L)\-<:':,~0 ) '] 1 (' · A 1 • D j{· on\)·ecemku ~~ 20ihbeforeme, SiliriV\4 l.1Jf-~\ctl\€Sit1"-VI {'loiary 1vlo ic/ Date ~ J 0 ~ , Here Insert Name and Title of the Officer personally appeared t\{;\ Ci.. V11J Ko ~ j h Sc v1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name)6'} is/are- subscribed to the within instrument and acknowledged to me that he/sl-re'tlterexecuted the same in his/~ authorized capacity~ and that by his/hei /llilflrsignature.{2{on the instrument the person9k' or the entity upon behalf of which the perso~cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragr~ is true and correc . _______ . 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: ____________ _ 0 Corporate Officer -Title(s): ______ _ Signer's Name:-------,-,....--------0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited D General 0 Individual 0 Attorney in Fact D Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator D Trustee D Guardian or Conservator OOther: __ _ D Other: _____________ __ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~"@i)§@@@'@'@@@~~~@I§W@~'@"I%@'§<i!iY>'®'@$@/!%'!<iil:1!iN!%@1§W~'@~ ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 I\FILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 16\SDP 16-10 Carlsbad Oaks Lot 8-Rick\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, rN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 8 OF CARLSBAD TRACT NO. 97-13-l, CARLSBAD OAKS NORTH PHASE I, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14926, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 15, 2004. PARCELB: NON-EXCLUSIVE EASEMENTS OVER COMMON AREAS AND OTHER LOTS AS RESERVED AND DESCRIBED IN DOCUMENT ENTITLED "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CARLSBAD OAKS NORTH BUSINESS PARK" RECORDED FEBRUARY 5, 2007 AS INSTRUMENT 20070081082 OFFICIAL RECORDS OF SAN DIEGO COUNTY AND AMENDED BY DOCUMENT RECORDED MARCH 20, 2013 AS INSTRUMENT NO. 2013-0175873 OFFICIAL RECORDS OF SAN DIEGO COUNTY CALIFORNIA. APN: 209-120-07