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Home My WebLink AboutCT 05-12; Ocean Street 8 Owner LLC; 2013-0451267; 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 If DOCtt 2013-045 llllllllll llllllllllllllllllillllllllll 2G7 llllllllll JUL 19, 2013 10:08 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: 203-010-12, 203-010-15 CT 05-12 Ocean Street Residences HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 476-9A) and improvement plans (DWG 476-9) 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, l/(We) Ocean Street 8 Owner, LLC, 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 Q:\CED\LandDev\PROJECTS\CT\CT 05\CT 05-12 Ocean Street Residences - Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 476-9A.doc 01/25/13 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDev\PROJECTS\CT\CT 05\CT 05-12 Ocean Street Residences - Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 476-9A.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ^ day of ^p^'''^ ' APPROVED AS TO FORM: CELIA BREWER City Attorney By: KEMP Assistant City Attorney OWNER(S) Ocean Street 8 Owner, LLC, a Delaware limited liability company By: Zephyr Partners-Re, LLC, a California limited By: ^cpiiyi rdi u ICI L.L.V^, CI vyctiiiuii liability company. Its Manager (sign here) Brad Termini, Manager (print name and title) Date: 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.) Q:\CED\LandDev\PROJECTS\CT\CT 05\CT 05-12 Ocean Street Residences - Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 476-9A.doc 01/25/13 E><W-l»ir A LEGAL DESCRII>nON fotows?'^'^^ °^ '^"^ °^ ^" ^ °f ^"f"--"'^' described as THAT PORTION OF LOT "A" OF GRANVILLE PARK UNIT IMO 2. ACCORDING TO MAP THFRFOF NO. 2037 AND TWAT PORTTON OF WGUNA DRIVE OF GRAWIL^ PSDIACENT TO^^^ (VACATHD BY RESOLUnON NO. 918 OF THE OTY COUNTL OF^E OTY OF ttR^^^ CAUFORNIA, RECORDED JULY 19,1963 AS DOCUMENT NO 126793 RKORDSOF^ DTFrn COUNTY CAUFORNIA) ACCORDING TO MAP THEREOF NO ^2 - ALL INT^^^ C^S= 0°; l^irc^a-'^- IN™T^E^rc^E OF THE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of fvXX^ } On ^W(NJLM tOOll. before me. UY\^<^ \g^-^50CWi li(^\rjUiS^ U.lolli . Date \ Here Insert Natne and TiUe of the Office'r | personally appeared Name(s) of Signer(s) 4^ LINDSAY KIKO BONAR Commission # 1986326 Notary Public • California | San Olego County | My Comm. Expires Jul 27. 20161 who proved to me on the basis of satisfactory evidence to be the personj>^ whose name^iaO is/ati^ subscribed to the within instrument and acknowledged to me that he/s^d^y executed the same In his/tii^i'i^ir authorized capacity(i^, and that by his/bilT^eir signature];;;^ on the instrument the person^ or the entity upon behalf of which the personj^):;pcted, executed the instmment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. Place Notary Seal Above WITNESS my/ Signature OPTIONAL official seal Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Slgner(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Tltle(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here O2007 National Notary Association* 9350 DeSoto Ave., P.O.Box 2402 •Chatsworth, CA 91313-2402•www.NationalNotary.org lteni#5807 Reorder: Call Toll-Ftee 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CT\CT 05\CT 05-12 Ocean Street Residences - LevyVBonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 476-9A.doc 01/25/13