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HomeMy WebLinkAboutSDP 2021-0029; Ionis Lots 21 and 22 Owner (DE) LLC; 2024-0272357; Hold Harmless Agreement/ReleaseI 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# 2024-0272357 111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII 1111 Oct 09, 2024 01 :24 PM 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.: 209-120-23-00; 209-120-24-00 PROJECT ID: SOP 2021-0029 PROJECT NAME: Ion is Lots 21 and 22 -Pedestrian Bridge Improvements HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 540-7() 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) Lots 21 & 22 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, compaction1 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 Q:ICED\Admin\B&AIPROJECTS\SDP 2021-0029; ROW: GR2023-0016 lonis Pedestrian Bridge lmprovements-N.FIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 improvements caused by any geological failure referred to in 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. I II Ill Ill Ill Ill Ill Ill Ill Ill I II I II I II Ill I II Ill Ill Ill Ill Ill I II Ill 2 Q:ICED\Adm1n\B&A\PROJECTSISDP 2021-0029; ROW: GR2023-0015 lonis Pedestrian Bridge lmprovements-N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 22-day of Av~ V'>\ , 2021 LOTS 21 & 22 OWNER (DE), LLC., a Delaware limited liability company APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: Senior sistant City Attorney City of Carlsbad By: (sign here) Lauren Krause -Vice 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.) 3 Q,\CEDV>.dmin\B&A\PROJECTS\SDP 2021-0029; ROW; GR2023-0016 lonis Pedestrian Bridge lmprovements-N FIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 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 is attached, and not the truthfulness, accuracy, or validity of that document. State of Callf,9(,n.la } County of ~, vi fY2"tt,1l-'t) r ..:• on ftu.1-t)T '}.J,/}uJ'-f beforeme, l>yueJ [';J(c1c/c., N,1111/q t?,b/ic .r Date Here Insert Narlie and Titi-;7af the Officer II d ~t(<'vl l, 1.·1-v1,)· C --------persona y appeare -------~t:L~-"--------------------- Name{s} of Slgne,(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. DAYVED BLACK COMM. #2374469 z Notary Public -California "' ty !:? . 9, 2025 Place Notary Seal and/or Stamp Above f certify under PENALTY 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--~_,'="""--"'--------- Signature of Notary Public OPTIONAL --------------~ Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: _________________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tttle(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ lndlvldual □ Attorney In Fact D Individual □ Attorney In Fact □ Trustee □ Guardian or Conse,vator □ Trustee □ Guardlan or Conservator □ Other: □ Other: _____________ _ Signer Is Representing: ________ _ Signer ls Representing: ________ _ ©2019 National Notary Association 4 Q:ICED\Admin\B&A\PROJECTSISDP 2021-0029, ROW, GR2023-0016 lonts Pedestrian Bndge lmprovements-N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 • EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOTS 21 AND 22 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 13, 2016 AS DOCUMENT 2016-7000438 OF OFFICIAL RECORDS. APN: 209-120-23-00 (LOT 21) and 209-120-24-00 (LOT 22) 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. APN: 209-120-27-00