HomeMy WebLinkAboutCT 15-08; Grand Pacific Carlsbad Hotel, L.P.; 2024-0278461; 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# 2024-0278461
111111111111 lllll 111111111111111111111111111111111111111111111 1111 IIII
Oct 16, 2024 12:23 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 7
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 211-131-19-00 --------------PROJECT ID: CT 15-08 (CD 2023-0012)
PROJECT NAME: Marbrisa Hotel 6
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 547-8A) for development to occur
on the property more particularly described as (see attached, Exhibit "A"), and other good and valuable
consideration, receipt of which is hereby acknowledged, I/(We) Grand Pacific Carlsbad Hotel, L.P., a
Delaware limited partnership, 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 land scaping in a manner to insure
slope stability to the satisfaction of the City Engineer. The owners agree t o repair any damage to public
improvements caused by any geological failure referred to in this agreement to the satisfaction of the
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City Engineer. The owners agree to repa ir 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.
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IN WITNESS WHEREOF, the undersigned has executed this instrument this ;20 day of
~~ ,204
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
Seni r Assistant City Attorney
City of Carlsbad
OWNER(S)
GRAND PACIFIC CARLSBAD HOTEL, LP., a Delaware
limited partnership
By:
Timothy J. Stripe -Co-President
(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.)
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certfficate verifies only the identttyof 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 ..> tu.4p
O~~ ~eforeme,
}
personally appeared -~~~~4'1.d.~~~""'--~-.... ~::2,,11,~~'--------------
who proved to me on the basis of satisfactory evidence to be the perso')l4 whose name~re subscribed
to the within Instrument and acknowl~ed to me tha~she/they executed the same l~{her/thelr
authorized capacltyrs), and that by~er/thelr slgn:ru;~on the Instrument the perso~ or the entity
upon behalf of which the perso~cted, executed the Instrument.
JENNIE LEE l
COMM. #2365018 z
Notary Public • California ~
San Diego County -
M Comm. Expires J1JI 10, 2025
Place Notary Seal 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.
OPTIONAL
Completing this information can deter altera • n 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: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capaclty(les) Claimed by Slgner(s)
Signer's Name: ____________ _
□ Corporate Officer -Tltle(s): ______ _
□ Partner -□ Limited □ General
Signer's Name: ____________ _
□ Corporate Officer -Tltle(s): ______ _
□ Partner -□ Limited □ General
□ Individual □ Attorney In Fact
□ Trustee □ Guardian or Conservator
□ Individual □ Attorney In Fact
□ Trustee □ Guardian or Conservator
□ Other: □ Other:
Signer Is Representing: _________ _ Signer Is Representing: _________ _
~2019 National Notary Association
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EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
PARCEL A OF THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT (ADJ 2016-0001)
RECORDED DECEMBER 15, 2016, AS DOCUMENT NO. 2016-0688877 OF OFFICIAL RECORDS OF SAN
DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF PARCEL 1 OF ADJ 15-02, CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, RECORDED
ON NOVEMBER 19, 2015 AS DOCUMENT NO. 2015-0601382 AND A PORTION OF PARCEL A OF ADJ 12-02,
CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, RECORDED ON APRIL 2, 2012 AS DOCUMENT
NO. 2012-0187408, BOTH RECORDED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE SOUTH 36° 02' 20" EAST,
A DISTANCE OF 65.81 FEET; THENCE SOUTH 88° 02' 53" EAST, A DISTANCE OF 79.30 FEET; THENCE
SOUTH 63° 51' 08" EAST, A DISTANCE OF 96.38 FEET; THENCE SOUTH 11 ° 56' 19" EAST, A DISTANCE OF
96.12 FEET; THENCE SOUTH 00° 02' 37" WEST, A DISTANCE OF 142.42 FEET; THENCE SOUTH 14° 42' 30"
EAST, A DISTANCE OF 128.67 FEET; THENCE SOUTH 03° 24' 48" WEST, A DISTANCE OF 27.80 FEET;
THENCE NORTH 79° 58' 33" WEST, A DISTANCE OF 91 .62 FEET; THENCE SOUTH 58° 37' 29" WEST, A
DISTANCE OF 114.57 FEET; THENCE SOUTH 31° 22' 31" EAST, A DISTANCE OF 16.75 FEET; THENCE
SOUTH 58° 37' 29" WEST, A DISTANCE OF 176.70 FEET TO A POINT ON A NON-TANGENT 353.00 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 60° 34' 17"
WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
04° 10' 38", AN ARC LENGTH OF 25.74 FEET TO THE BEGINNING OF A 522.00 FOOT RADIUS REVERSE
CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 64° 44' 55" EAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31 ° 30'
30", AN ARC LENGTH OF 287.06 FEET TO THE BEGINNING OF A 358.00 FOOT RADIUS REVERSE CURVE,
CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 33° 14' 25" EAST; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 23' 30", AN
ARC LENGTH OF 208.64 FEET; THENCE NORTH 23° 22' 05" WEST, A DISTANCE OF 32.96 FEET; THENCE
NORTH 14° 56' 33" EAST, A DISTANCE OF 34.93 FEET; THENCE NORTH 34° 44' 54" WEST, A DISTANCE
OF 1.93 FEET; THENCE NORTH 66 ° 37' 55" EAST, A DISTANCE OF 446.92 FEET TO THE POINT OF
BEGINNING.
PARCEL 2:
A PERMANENT AND NONEXCLUSIVE EASEMENT(S) AS SET FORTH IN THAT CERTAIN DOCUMENT
ENTITLED "PARKING EASEMENT AGREEMENT AND GRANT OF EASEMENT DEED", RECORDED
DECEMBER 15, 2016, AS DOCUMENT NO. 2016-0689332 OF OFFICIAL RECORDS, IN, OVER, UNDER,
ACROSS, THROUGH, AND ALONG THE FOLLOWING DESCRIBED LAND:
LOT 16 OF CITY OF CARLSBAD TRACT NO. 03-02, CARLSBAD RANCH HOTEL AND TIMESHARE
CONDOMINIUMS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 15332, FILED IN THE OFFICE OF THE COUNTY RECORDER ON MAY
3, 2006 AND
PARCEL 2 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT (ADJ 15-02)
RECORDED NOVEMBER 19, 2015, AS DOCUMENT NO. 2015-0601383 OF OFFICIAL RECORDS OF SAN
DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT A
(Continued)
BEING A PORTION OF PARCEL C AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT
PLAT RECORDED AS DOCUMENT 2012-0187410, OFFICIAL RECORDS ON APRIL 2, 2012, RECORDED IN
THE OFFICES OF THE COUNTY RECORDER COUNTY OF SAN DIEGO, STATE OF CALIFORNIA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL C, BEING A COMMON CORNER TO
LOT 4 AND THE EASTERLY LINE OF LOT 12 AS SHOWN ON MAP NO. 15332 RECORDED AS DOCUMENT
NO. 2006-031 1804;-THENCE ALONG THE BOUNDARY OF PARCEL C THE FOLLOWING COURSES NORTH
66°37'55" EAST A DISTANCE OF 203.90 FEET; THENCE NORTH 21 °37'55" EAST A DISTANCE OF 8.34
FEET' THENCE NORTH 23°22'05" WEST A DISTANCE OF 69.83 FEET; THENCE SOUTH 43°14'03" WEST A
DISTANCE OF 19.21 FEET; THENCE NORTH 46°45'57" WEST A DISTANCE OF 13.00 FEET TO THE
BEGINNING OF A 37.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°25'10", AN
ARC LENGTH OF 17.06 FEET; THENCE NORTH 73°11'07" WEST A DISTANCE OF 93.79 FEET;·THENCE
NORTH 16°48'53" EAST A DISTANCE OF 55.46 FEET; THENCE NORTH 23°22'05" WEST A DISTANCE OF
11.51 FEET;·THENCE NORTH 66°37'55" EAST A DISTANCE OF 170.75 FEET; THENCE SOUTH 23°22'05"
EAST A DISTANCE OF 74.00 FEET; THENCE NORTH 66°37'55" EAST A DISTANCE OF 100.00 FEET;
THENCE SOUTH 23°22'05" EAST A DISTANCE OF 138.00 FEET; THENCE NORTH 66°37'55" EAST A
DISTANCE OF 35.12 FEET; THENCE SOUTH 36°02'20" EAST A DISTANCE OF 34.96 FEET; THENCE
LEAVING THE BOUNDARY OF SAID PARCEL C SOUTH 66°37'55" WEST A DISTANCE OF 446.92 FEET TO A
POINT ON THE EASTERLY LINE OF SAID LOT 12; THENCE ALONG SAID LOT 12 NORTH 34°44'54" WEST A
DISTANCE OF 38.88 FEET TO THE POINT OF BEGINNING.
FOR THE PURPOSE OF VEHICLE AND PEDESTRIAN INGRESS AND EGRESS AND VEHICULAR PARKING
WITHIN TWENTY-ONE (21) NONEXCLUSIVE PARKING SPACES BY GUESTS, VISITORS, AGENTS,
EMPLOYEES, STAFF MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS AND OTHER INVITEES OF
THE HOTEL, RESTAURANT, AND CONFERENCE CENTER.
PARCEL 3:
A PERMANENT AND NONEXCLUSIVE EASEMENT(S) AS SET FORTH IN THAT CERTAIN DOCUMENT
ENTITLED "AMENDED AND RESTATED VEHICLE AND PEDESTRIAN ACCESS AND PARKING EASEMENT
AGREEMENT AND GRANT OF EASEMENT DEED", RECORDED DECEMBER 15, 2016, AS DOCUMENT NO.
2016-0689333 OF OFFICIAL RECORDS, IN, OVER, ACROSS, THROUGH, AND ALONG LOT 12 OF CITY OF
CARLSBAD TRACT NO. 03-02, CARLSBAD RANCH HOTEL AND TIMESHARE CONDOMINIUMS, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 15332, FILED IN THE OFFICE OF THE COUNTY RECORDER ON MAY 3, 2006, FOR THE PURPOSE OF
VEHICLE AND PEDESTRIAN INGRESS AND EGRESS BY GUESTS , VISITORS, AGENTS, EMPLOYEES,
STAFF MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS AND OTHER INVITEES OF THE HOTEL,
RESTAURANT, AND CONFERENCE CENTER.
PARCEL 4:
A PERMANENT AND NONEXCLUSIVE EASEMENT(S) AS SET FORTH IN THAT CERTAIN DOCUMENT
ENTITLED "AMENDED AND RESTATED UTILITY EASEMENT AGREEMENT AND GRANT OF EASEMENT
DEED", RECORDED DECEMBER 15, 2016, AS DOCUMENT NO. 2016-0689334 AND RE-RECORDED
FEBRUARY 16, 2017 AS DOCUMENT NO. 2017-0078775, BOTH OF OFFICIAL RECORDS, IN, OVER,
ACROSS, THROUGH, AND ALONG PARCEL 2 AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR
ADJUSTMENT PLAT RECORDED AS DOCUMENT 2015-0601383, OFFICIAL RECORDS RECORDED ON
NOVEMBER 19, 2015, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA AND LOTS 4 THROUGH 9, INCLUSIVE, 12 AND 14 THROUGH 16,
INCLUSIVE, OF CITY OF CARLSBAD TRACT NO. 03-02, CARLSBAD RANCH HOTEL AND TIMESHARE
EXHIBIT A
(Continued)
CONDOMINIUMS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 15332, FILED IN THE OFFICE OF THE COUNTY RECORDER ON MAY
3, 2006, FOR THE PURPOSE OF CONSTRUCTION, USE AND MAINTENANCE OF UTILITIES, INCLUDING
UNDERGROUND UTILITIES TO SERVICE HOTEL, RESTAURANT AND CONFERENCE CENTER.
PARCEL 5:
A PERMANENT AND NONEXCLUSIVE EASEMENT(S) AS SET FORTH IN THAT CERTAIN DOCUMENT
ENTITLED "AMENDED AND RESTATED PARKING AND PEDESTRIAN EASEMENTS AGREEMENT AND
GRANT OF EASEMENT DEED", RECORDED DECEMBER 15, 2016, AS DOCUMENT NO. 2016-0689335 OF
OFFICIAL RECORDS, IN, OVER, ACROSS, THROUGH, AND ALONG LOT 15 OF CITY OF CARLSBAD TRACT
NO. 03-02, CARLSBAD RANCH HOTEL AND TIMESHARE CONDOMINIUMS, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15332, FILED IN
THE OFFICE OF THE COUNTY RECORDER ON MAY 3, 2006, FOR THE PURPOSE OF VEHICLE AND
PEDESTRIAN INGRESS AND EGRESS AND PARKING BY GUESTS, VISITORS, AGENTS, EMPLOYEES,
STAFF MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS AND OTHER INVITEES OF THE HOTEL,
RESTAURANT, AND CONFERENCE CENTER.
PARCEL 6:
A PERMANENT AND NONEXCLUSIVE EASEMENT(S) AS SET FORTH IN THAT CERTAIN DOCUMENT
ENTITLED "VEHICLE AND PEDESTRIAN ACCESS AND UTILITY EASEMENT AGREEMENT AND GRANT OF
EASEMENT DEED", RECORDED DECEMBER 15, 2016, AS DOCUMENT NO. 2016-0689336 OF OFFICIAL
RECORDS, IN, OVER, ACROSS, THROUGH, AND ALONG THE FOLLOWING DESCRIBED LAND:
THAT PORTION OF PARCEL 2 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT
PLAT (ADJ 15-02) RECORDED NOVEMBER 19, 2015, AS DOCUMENT NO. 2015-0601383 OF OFFICIAL
RECORDS OF SAN DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 2;
THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY BOUNDARY NORTH 34°44'54" WEST A
DISTANCE OF 33.66 FEET;
THENCE LEAVING SAID SOUTHWESTERLY BOUNDARY NORTH 66°37'55" EAST A DISTANCE OF 416.09
FEET;
THENCE SOUTH 23°22'05" EAST A DISTANCE OF 9.46 FEET TO THE BEGINNING OF A 100.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 13°37'05", AN ARC LENGTH OF 23.77 FEET TO A POINT ON THE
SOUTHEASTERLY BOUNDARY OF SAID PARCEL 2;
THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY BOUNDARY SOUTH 66°37'55" WEST A
DISTANCE OF 446.92 FEET TO THE POINT OF BEGINNING.
FOR THE PURPOSE OF VEHICLE AND PEDESTRIAN INGRESS AND EGRESS BY GUESTS , VISITORS,
AGENTS, EMPLOYEES, STAFF MEMBERS, BUSINESS PATRONS, SERVICE PROVIDERS AND OTHER
INVITEES OF THE HOTEL, RESTAURANT, AND CONFERENCE CENTER AND FOR CONSTRUCTION, USE
AND MAINTENANCE OF UTILITIES, INCLUDING UNDERGROUND UTILITIES TO SERVICE HOTEL,
RESTAURANT AND CONFERENCE CENTER.
APN 211-131-19-00