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
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GEOLOGICAL FAILURE doc 01125113
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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.
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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.)
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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
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DATE OF DOCUMENT: J: }zc; / i Z::: NUMBER OF PAGES: __ lf ____ _
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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