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Home My WebLink AboutPD 2023-0021; TMG Carlsbad Apartments LLC; 2023-0285590; 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# 2023-0285590 111111111111 1111111111111111111111111111111111111111111111111111111111 Oct 19, 2023 10:18 AM OFFICIAL RECORDS JORDAN Z. MARKS, 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.: 167-030-64-00 \l.\&\, PROJECT ID: _P_D_2_0_2-3--0-02_1 _____ _ ::;J' PROJECT NAME: The Bluffs Slope Repair HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 544-2A) 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) TMG Carlsbad Apartments, 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 damage to public improvements caused by any geological failure referred to in this agreement 1 Q:ICEO\Admin\B&A\PROJECTSIPO 2023-0021; GR2023-0032-The Bluffs Slope Repair_O.R\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 Q:\CED\Admin\B&A\PROJECTS\PD 2023-0021; GR2023-0032 • The Bluffs Slope Repair_O.RIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this tJWb.tv . 201J__. //~ day of APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By }QQj ~ RON K™fiT Senior Assistant City Attorney City of Carlsbad OWNER(S) TMG CARLSBAD APARTMENTS LLC., a California limited liability company By: ALTAMONT INVESTOR LLC., a Delaware limited liability company Its Member By: TRIUMPH PROPERTIES GROUP LLC., a California limited liability company Its Manager ~~ (sign here) Steven Feder -Manager (print name and title) Date: io(rt/&5 (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 Q:ICEO\Admin\B&AIPROJECTS\PD 2023-0021; GR2023-0032 -The Bluffs Slope Repair_O.R\HOLD 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, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF LOTS 3, 4, AND 5 IN SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY TERMINUS OF THE CENTER LINE OF MARRON ROAD AS SHOWN AT PAGE 184 OF PARCEL MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 9, 1970; THENCE NORTH 81°06'26" EAST, 438.03 FEET TO THE MOST NORTHERLY, NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO LARWIN SAN DIEGO, INC., RECORDED DECEMBER 29, 1972 AS FILE/PAGE NO. 347021 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID LAND SOUTH 04°19'29" EAST, 64.71 FEET TO THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO THE CITY OF CARLSBAD (NOW BEING PORTIONS OF MARRON ROAD AND AVENIDA DE ANITA} RECORDED MAY 29, 1973 AS FILE/PAGE NO. 73-144266 OF OFFICIAL RECORDS, BEING A POINT ON THE ARC OF A 1042.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 09°14'51" EAST TO SAID POINT, AND BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF SAID LAND OF THE CITY OF CARLSBAD, AS FOLLOWS: EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°15'09" A DISTANCE OF 77.34 FEET; TANGENT TO SAID CURVE NORTH 76°30'00" EAST 199.96 FEET TO THE BEGINNING OF A TANGENT 958.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°36'26" A DISTANCE OF 77.03 FEET; TANGENT TO SAID CURVE NORTH 81 °06'26" EAST 422.40 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 39.27 FEET; TANGENT TO SAID CURVE SOUTH 08°53'34" EAST, 15.00 FEET TO THE BEGINNING OF A TANGENT 120.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41 °49'46" A DISTANCE OF 87.61 FEET; AND TANGENT TO SAID CURVE SOUTH 32°56'1 2" WEST, 154.58 FEET TO THE BEGINNING OF A TANGENT 440.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, AT THE MOST NORTHERLY CORNER OF CARLSBAD TRACT 72-21 UNIT 1, ACCORDING TO MAP THEREOF NO. 7651 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 31 , 1973; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID MAP NO. 7651 AS FOLLOWS: SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12°57'1 O" A DISTANCE OF 99.47 FEET; TANGENT TO SAID CURVE SOUTH 45°53'22" WEST 403.09 FEET TO THE BEGINNING OF A TANGENT 280.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79°31'28" A DISTANCE OF 388.63 FEET TO THE NORTHWESTERLY BOUNDARY OF RANCHO AGUE HEDIONDA, AS SHOWN ON SAID MAP NO. 7651 ; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 32° 56' 12" WEST 199.50 FEET THENCE LEAVING SAID MAP NO. 7651 BOUNDARY NORTH 29° 17'40" EAST 279.33 FEET TO THE MOST NORTHERLY BOUNDARY CORNER OF PARCEL 2 OF PARCEL MAP NO. 8586 AND THAT BOUNDARY LINE OF THE AFOREMENTIONED TRACT 72-21 UNIT 1, THENCE ALONG THE BOUNDARY LINE OF TRACT 72-21 UNIT 1 NORTH 4° 19'29" WEST 746.34 FEET TO THE TRUE POINT OF BEGINNING. APN: 167-030-64-00 CALIFORNIA 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 ls attached, and not the truthfulness, accuracy, or validity of that document. State of Callforn la } County of Lo& Ange. /e.S Jennille H. Garcia, Notary Public On lO-J j -lo 3 before me, _______________ _ Dote \ C ljere Insert Name and Title of the Officer personally appeared __ ____,,,5 __ _,,,_e_:-"'--'\J'-~=-(\-'--'---\-e.=--'o"--e_[L..-____________ _ Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. ........ , No~a~~~l~~h~·-~~~;~~n,a ! Los A~geles County l; Commission 1 2354592 - y Comm. Expires Apr 16. 2025 Place Notary Seo/ and/or Stamp 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 offlclal seal. JI--G OPTIOMll,l../·---------------~ 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 i-lotd hanvi ffl-S & A:,reeM«):/:: Geo"® lCtl/ Fo. tlure. DocumentDate: _____________ U _______ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: _____________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ o Corporate Officer - Tltle(s): ______ _ o Partner -o Limited o General o Partner -o Limited o General o Individual o Attorney In Fact o Individual o Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator o Other: D Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ 0 2019 National Notary Association 4 O:ICEO\Admln\B&AIPROJECTSIPO 2023-0021; GR202~0032 -The Bluffs Slope Repair_O.RIHOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113