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HomeMy WebLinkAboutPD 2023-0016; Kinovate Life Sciences Inc; 2024-0180940; 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# 2024-0180940 111111111111 lllll 111111111111111111111111111111 lllll 111111111111111111 Jul 16, 2024 10:46 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. : 212-092-18-00 --------------PROJECT ID: PD 2023-0016 PROJECT NAME: Kinovate Production Facility Tl HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 543-SA) 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, I/(We), Kinovate Life Sciences, Inc., 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 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 1 Q:ICED\Admin\B&A\PROJECTSIPD 2023-0016; ROV\/2024-0300; GR2023-0026 -Kinovate Production Facility TI_L OIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 2 Q:ICED\Admin\B&AIPROJECTSIPD 2023-0016; ROV\12024-0300; GR2023-0026 -Kinovate Production Facility TI_L.OIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this L 3 APPROVED AS TO FORM: CINDIE MCMAHON City Attorney Senior sistant City Attorney City of Carlsbad OWNER(S) Kazuyuki Sanada -President (print name and title) Date: By: here) Junichi Yahaba -Treasurer, Secretary (print name and title) Date: 23 (Proper notarial acknowledgment of execution by owner(s) must be attached) day of (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:ICED\Admin\B&AIPROJECTSIPD 2023-0016; ROV'/'2024-0300; GR2023-0026 -Kinovate Production Facility TI_L.O\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identtty 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 s~--, } <we.80 On t-\~ hi i .lO.l-':{ before me, & •,A:··· (?A LAN k.E.-1 N O ~. P•J;b\ \ t" Date -,-,. '\.. t Here Insert Name and Title of the Officer 1 3 personally appeared J OO)C h \ ~ a,,hct,bo_ ()cl ta2-U-'f u\u ~OJ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),l6/are subscribed to the within Instrument and acknowledged to me that ~/they executed the same lrrhts!'hel'/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. ········( S. A. KALANKE Notary Public • California San Di~o County ! Commission It 2369889 - y Comm. Expi~es Aug 6. 2025 Place Notary Seal and/ar 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 official seal. Signature ___ s __ •,1 __ •-~--'~~-~~-~ Signature of Notary Public 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: --'l.__ . .-.=eo\~'---11-'c,;r-:::_:_ __ '--'=-----'--\-fif-"----=~---'--C-~_-(-\------'-----_, Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2019 National Notary Association 4 Q:\CED\Admin\B&AIPROJECTS\PD 2023-0016; ROVV2024-0300; GR2023-0026. Kinovate Production Facility Tl_l.OIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION PD2023-0016 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: PARCEL 1: LOT 4 OF CARLSBAD TRACT NO. 81-46 UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 11287, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1985. EXCEPTING THEREFROM 50% OF ALL OIL, MINERAL, GAS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY CARLSBAD PROPERTIES, A PARTNERSHIP, IN THE DEED RECORDED JULY 05, 1978 AS INSTRUMENT NO. 78-279136 OF OFFICIAL RECORDS. PARCEL 2: EASEMENTS FOR ACCESS, INGRESS, EGRESS, DRAINAGE, ENCROACHMENT, MAINTENANCE AND REPAIR, AS SAID EASEMENTS ARE SET FORTH IN THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR CARLSBAD AIRPORT CENTRE RECORDED SEPTEMBER 12, 1986 AS INSTRUMENT NO. 86-401456, AND THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CARLSBAD AIRPORT CENTRE RECORDED JANUARY 28, 1987 AS INSTRUMENT NO. 87- 048040, BOTH OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. APN 212-092-18-00