HomeMy WebLinkAboutSDP 2021-0029; 2850 2855 & 2859 Gazelle Owner (DE) LLC; 2024-0272359; 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# 2024-0272359
\ 11111111111 lllll 111111111111111 ll111111111111111111111111111111111111
Oct 09, 2024 01 :24 PM
OFFICIAL RECORDS
JORDAN Z MARKS,
SAN DIEGO COUNTY RECORDER
FEES $0 00 (S82 Atkins $0 001
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 209-120-27-00
PROJECT ID: SDP 2021-0029
PROJECT NAME: lonis Conference Center -
Pedestrians Improvements
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 540-7B) 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) 2850 2855 & 2859
Gazelle Owner (DE) 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
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
1
Q:\CEO\Adrnin\B&AIPROJECTSISDP 2021~0029; GR2023-0009 -lonis Conference Center-Pedestrian lrnµrovement_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE,dcc 01125113
damage to public improvements caused by any geological failure referred to ln 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
/II
Ill
Ill
Ill
/II
/II
Ill
/II
/II
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
II!
Ill
Ill
Ill
2
Q:\CED\Admin\B&A\PROJECTS\SDP 2021-0029; GR2023-0009 -lonis Conference Center-Pedestnan lmprovement_N.FIHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01125/13
EXIDBIT A
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
PARCEL 1 OF MINOR SUBDIVISION NO. 2018-0009 JONIS CARLSBAD CAMPUS, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING
TO PARCEL MAP NO. 21705 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON AUGUST 1, 2019 AS DOCUMENT NO. 2019-7000286 OF
OFFICIAL RECORDS.