HomeMy WebLinkAboutCD 2017-0013; AP Beacon Carlsbad LP; 2020-0460376; Hold Harmless Agreement/ReleaseDOC# 2020-0460376
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Aug 17, 2020 10:51 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 5
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
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 216-124-16-00
216-124-17-00
PROJECT ID: CD 2017-0013
PROJECT NAME: The Beacon
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 510-4A) 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) AP Beacon
Carlsbad, 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
QACED LandDev\ PROJECTS \ CID \ CD 201 7 \CD2017-0013 The Beacon -Rick\ NOVATION AGREEMENT\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc
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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 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.
II-
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By:
(sign here)
IN WITNESS WHEREOF, the undersigned has executed this instrument this I C 4"/"‘ day of
,
OWNER(S)
AP Beacon Carlsbad, L.P., a Delaware limited
partnership
SamjE. Judd, Managing Partner
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By:
RON KEMP
Assistant City Attorney
City of Carlsbad
(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
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WITNESS - 4nd and • c a
Signat Aidial (1 4i I&
I I/
Signature of aita Public arylacip 9495
OPTIONAL
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
,r4:"Att r.4.4
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 -EettifefRia.—A-151*CAAA kNit•—"' )
County of --MaiK.19.A. b
on 15 d(e° before me.
Date
personally appeared
na-e
Here Insert Name and Title of the' Officer
Rics-c?et tilttofj4,)
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) 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 corr.ct.
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title Cif Type of Document: Document Date:
Number of Pages: Signer(s) Other Than
Capacity(ies) Claimed by Signer(s)
Signer's Name:
E Corporate Officer — Title(s):
E Partner — E Limited 0 General
O Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
Named Above:
Signer's Name:
0 Corporate Officer — Title(s):
0 Partner — 0 Limited 0 General
0 Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
Other:
Signer Is Representing:
-
(02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
EXHIBIT "A"
The Land referred to in this policy is described as follows:
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
PARCEL A:
PARCELS "B" AND "D" OF PARCEL MAP NO. 10283, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON
JULY 30, 1980 AS FILE/PAGE NO. 80-240721, OF OFFICIAL RECORDS. PARCEL B:
NON-EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS FOR VEHICULAR AND PEDESTRIAN TRAFFIC AND
VEHICLE PARKING, PUBLIC UTILITIES, SIGNS AND OVERHANGS OVER, UNDER, ALONG AND ACROSS THE
"COMMON AREA," AS DEFINED, CREATED, SET FORTH AND DESCRIBED IN THAT CERTAIN "DECLARATION
OF ESTABLISHMENT OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF
EASEMENTS" RECORDED SEPTEMBER 03, 1980 AS FILE NO. 80-282192 OF OFFICIAL RECORDS.
APN: 216-124-16-00 and 216-124-17-00