HomeMy WebLinkAboutCUP 91-03C; Palomar Airport Partners LLC; 2024-0048189; Hold Harmless Agreement/Releasef.
!p 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
DOC# 2024-0048189
I llllll lllll lllll lllll llll llllll lllll lllll lllll lllll 11111111111111 1111
Feb 27, 2024 11 :08 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00)
PAGeS: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 213-092-17-00 -----------PRO J E C TID: CUP 91-03C �½\)._ PROJECT NAME: _B_P_/_A-rc_o_F_a_c _ili _ty_5_7_9_2 ___ _
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 541-3A) for development
to occur on the property more particularly described as (see attached, Exhibit "A"), and ether
good and valuable consideration, receipt of which is hereby acknowledged, I/(We) Palomar
Airport Partners, 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
Q:ICED\Admin\B&AIPROJECTSICUP 91-03C; GR2023-0002 -BP Atco Facil1ty 5792_A.Mcl\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILUREdoc 01125113
to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope that
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.
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
2
Q:\CED\Admin\B&AIPROJECTS\CUP 91-03C; GR2023-0002 • BP Arno Facil1ty 5792_A.Mcl\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
IN WITNESS WHEREOF,
.,,~.. F' _....:t....._ __ day of e,t>'{"~c;.y-,, ;
SEE ATTACHED
CALIFORNIA
ACKNOWLEDGMENT
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By ~
---~~~Attorney
City of Carlsbad
the undersigned
,20~.
has executed this instrument this
OWNER(S)
PALOMAR AIRPORT PARTNERS, LLC., a
California limited liability company
l _:__ ~ 5L---:: By:
Date:
By:
Date:
(sign~ere)
Samir Salem -Managing Member
(print name and title)
--z, /7 / z O e,y
(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. lf only ane 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:ICED\Admin\B&AIPROJECTSICUP 91-03C, GR2023-0002 -BP Arco Facihty 5792_A.Mcl\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
ACKNOWLEDGMENT
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 SAN DIEGO
on 'Q__ _ :): -d 6 'L:1 before me, J.GOMEZ, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared ~@~,-.,..... ~Cl It-~ ,
who proved tome on the basis of satisfactory evidence to be the person(S')" whose name(~ islpre
subscribed to the within instrument and acknowledged to me that he/sl)e/thfY executed the same in
his/hvr/thfir authorized capacity(ie,t), and that by his/h,r/thj'!ir signature(1) on the instrument the
person(r ), or the entity upon behalf of which the person(;r) acted, executed the instrument.
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. ._.. J.OOMEZ I
G ~~~ ij • ~ OIIQO COUHTY !l , My COfflffllNlon Exøf!'8S I WWARV ,. fl!S I
(Seal)
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:
LOT 17 OF CARLSBAD TRACT 73-49, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP NO. 8418, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, NOVEMBER 19, 1976.
APN: 213-092-17-00