HomeMy WebLinkAboutCD 2019-0020; XHR Carlsbad LLC; 2020-0154357; 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# 2020-0154357
111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII
Mar 25, 2020 12:39 PM
OFFICIAL RECORDS
Ernest J Dronen burg, Jr ,
SAN DIEGO COUNTY RECORDER
FEES $0.00 (SB2 Atkins $0 00)
PAGES 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-750-01-00 ------------PROJECT ID: CD 2019-0020
PROJECT NAME: Pacific Rim (Park Hyatt)
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 313-5E) 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, I/(We) XHR Carlsbad,
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
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Q\CED\LandDevlPROJECTSICDICD 2019\CD2019-0020 Pacific Rim (Park Hyatt)-Rick\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
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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IN WITNESS WHEREOF, the undersigned has executed this instrument this t3"""-
febn-lo.rlJ , 2020.
OWNER(S)
XHR Carlsbad, LLC
Company t::>y:
b'i X: t-\ Q... 6 P, :!'. ,
By:
day of
Joseph T. Johnson -Senior Vice President
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
ByKlUO<t7
RON KEMP
Assistant City Attorney
City of Carlsbad
(print name and title)
Date: 2/i?;, /20-u::, ~1
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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STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me by means of 181 physical presence or
□ online notarization, this 13th day of February, 2020, by Joseph T. Johnson as Senior Vice
President of XHR GP, Inc., a Delaware corporation, general partner of XHR LP, a Delaware limited
partnership as sole member of XHR Carlsbad LLC, a Delaware limited liability company on behalf
of the company, who ~ is personally known to me or who ( ) produced _______ as
identification.
(Notary Seal)
-#'.~~--CAROLMCKNIGHT
f~-.. •CommlsllonlFF991085 \.~. · '.~!} Explm June 18, 2020
•••, .iff.rfi'!,1:-•" Bonded TIIN Troy Ftln lnlllranoe 800-386-7019
Notary Public Signature
Printed Name: Carol McKnight
My Commission Expires: 6-18-20
[Exhibit A
The Land referrelto herein below is situated in the City of Carlsbad, County of San Diego, State of California, and is
described as follows:
LOT 1 OF CITY OF CARLSBAD TRACT NO. 95-02, UNIT 1 PLANNING AREA 2A AND A PORTION OF 2B, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13335, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 13, 1996.
For conveyancing purposes only: APN 215-750-01-00