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HomeMy WebLinkAboutCD 2017-0003; Kaiser Foundation Health Plan Inc; 2018-0376767; 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# 2018-0376767 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII 1111 Sep 11 , 2018 04: 15 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $26 00 (8B2 Atkins $0 00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 214-450-19 -----------PROJECT ID: CD2017-0003/DEV2017-0024 PROJECT NAME: Kaiser Carlsbad Parking Lot Expansion HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 504-2A) 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) Kaiser Foundation Health Plan, Inc., a California 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 1 Q \CED\LandOev\PROJECTS\CDICU 201 /\CD2017-0003 Kaiser Carlsbad Parking Lal Expansion -R1ck\BONDS AND AGREEMENTS\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01125113 .. damage to public 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:ICEDiLandDev\PROJECTSICDICD 2017\CD2017-0003 Kaiser Carlsbad Parking Loi E,pansion -Rici<\BONuS AND AGREEMENTSIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25113 IN WITNESS WHEREOF, the undersigned has executed this instrument this Z5 day of ::f \j iy . 20 _jJ OWNER(S) Kaiser Foundation Health Plan, Inc., a Californja Corporation By: li~Q J (__~ ; til; (sign here) . APPROVED AS TO FORM: CELIA BREWER City Attorney By;~)~[' ONKEMP 'I Assistant City Attorney City of Carlsbad fZ O "G. \. J.. (' .s;.,,_·,-Jj,xce President (print na e and title) Date: 2s:. 2-0[ ~ J By: (sign here) (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:\CED\LandDev\PROJECTSICDICD 2017\CD2017--0003 Kaiser Carlsbad Perking Lot Expansion -Rick\BONDS AND AGREEMENTSIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 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 Los Angeles On this d~ day of _;:1~->~C\~JL------~· 2018, before me, Laura J Mahaffey, a Notary Public, personally appeared RONALD C. SMITH, who proved to me on the basis of satisfactory evidence to be the person, whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I 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. 1···········-~ LAURA J. MAHAFFEY :@··-,. · Notary Public -California 2 ~ Los Angeles County la 2 . . Commission# 2137197 - My Comm. Expires Dec 17, 2019 TITLEOFTHEDOCUMENT: f{oJJ ~m}-et;:5 ti)v~ ~/05·( o;--.( f;_~/urQ._ t}ojec +-.:rt4 C,_,Qzc/} -oro3/bt>J 201T -Oo2-L/ DATE OF DOCUMENT: J: }zc; / i Z::: NUMBER OF PAGES: __ lf ____ _ t 1 -f LEGAL DESCRIPTION Real property in the Oty of Carlsbad, County of San Diego, State of California, described as follows: LOTS 11, 12 AND 13 OF CARLSBAD TRACT NO. 81-5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TT-fEREOF NO. 10899, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNlY, APRIL 11, 1984, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 11, THENCE ALONG THE NORTHWESTERLY LINES OF SAID LOTS 11 THROUGH 13, INCLUSIVE, THE FOLLOWING COURSES: NORTH 17°13'30" WEST 257.36 FEET AND NORTT-fWESTERLY 292.63 FEET ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1742.00 FEET THROUGH A CENTRAL ANGLE OF 09°37'29" TO THE NORTHWESTERLY CORNER OF SAID LOT 13; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT NORTH 63°09'01" EAST 207.96 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT; THENCE ALONG THE SOUTiiEASTERLY LINE OF SAID LOTS 11 THROUGH 13 INCLUSIVE, THE FOLLOWING COURSES: SOUTH 27°50'22" EAST 368.41 FEET AND SOUTH 28°48'54" EAST 225.88 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT SOUTH 72°46'30" WEST 293.75 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM ALL MINERAL RIGHTS NOT HERETOFORE OTHERWISE CONVEYED OR RESERVED INCLUDING WITHOUT LIMITATION ALL OIL, GAS, HYDROCARBON AND SIMILAR RIGHTS AND ALL WATER RIGHTS, GEOTHERMAL STEAM AND STEAM POWER, WITHIN OR UNDERLYING SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DEVELOPMENT THEREOF, PROVIDED, HOWEVER, THAT THE RIGHTS HEREIN EXCEPTED DO NOT INCLUDE THE RIGHT TO ENTER UPON THE SURFACE AND THE TOP 500.00 FEET OF THE SUBSURFACE OF THE REAL PROPERlY, AS RESERVED BY OCCIDENTAL LAND, INC., WHO ACQUIRED TITLE AS OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION IN DEED RECORDED APRIL 28, 1981, AS FILE NO. 81-128449 OF OFFIOAL RECORDS AND BY J. LARRY BALLARD, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERlY IN DEED RECORDED APRIL 28, 1981, AS FILE NO. 81-128451 OF OFFICIAL RECORDS. THE LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT, CERTIFICATE NO. 2276, RECORDED FEBRUARY 25, 1985, AS INSTRUMENT NO. 85-061022 OF OFFICIAL RECORDS. APN: 214-450-19-00