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HomeMy WebLinkAboutCT 09-04; Ocean Park Estates LLC; 2013-0451265; Hold Harmless Agreement/ReleaseDOCtt 2013-045 llllllllllllll 2G5 II 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 JUL 19, 2013 10:08 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: 214-150-09-00 / 214-150-10-00 CT 09-04 Lanikai Lane HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a final map (FM 09-04) 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 Park Estates, LLC, a California 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 1 Q:\CED\LandDev\PROJECTS\CT^CT 09\CT 09-04 Lanikai Lane - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG FM 09-04).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 O:\CED\LandDev\PR0JECTS\CT\CT 09\CT 09-04 Lanikai Lane - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG FM 09-04).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this Ji^clay of "3v-v\<^ 20 ^3. APPROVED AS TO FORM: OWNER(S) Ocean Park Estates, LLC, a California limited liability company By: Core Carlsbad, LLC, a California limited liability company, its Manager By: Date: (sign here) Troy Shadian, Manager (print name and title) CELIA BREWER City Attorney IN KEMP ^Assistant City Attorney (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.) O:\CED\LandDev\PR0JECTS\CT\CT 09\CT 09-04 Lanikai Lane - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG FM 09-04).doc 01/25/13 EXHIBIT "A" Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: THAT PORTION OF LOT 1, SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING BETWEEN THE STATE HIGHWAY AND THE RAILROAD RIGHTS OF WAY. EXCEPTING THEREFROM THE SOUTH 10 ACRES THEREOF LYING BETWEEN THE STATE HIGHWAY AND THE RAILROAD RIGHTS OF WAY WITH THE NORTH AND SOUTH BOUNDARIES APPROXIMATELY PARALLEL. ' ALSO EXCEPTING THEREFROM ANY PORTION TAKEN BY THE STATE OF CALIFORNIA IN PARCELS 6A & 6B OF FINAL DECREE RECORDED APRIL 23, 1952 AS DOCUMENT NO. 50269 IN BOOK 4444 PAGE 395 OF OFFICIAL RECORDS. PARCEL 2: THE SOUTH 10 ACRES OF LOT 1, SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING BETWEEN THE STATE HIGHWAY AND THE RAILROAD RIGHTS OF WAY WITH THE NORTH AND SOUTH BOUNDARIES APPROXIMATELY PARALLEL. EXCEPTING THEREFROM ANY PORTION TAKEN BY THE STATE OF CALIFORNIA IN PARCELS 6A & 6B OF FINAL DECREE RECORDED APRIL 23, 1952 AS DOCUMENT NO. 50269 IN BOOK 4444 PAGE 395 OF OFRCIAL RECORDS. APN: 214-150-09-00 (Affects Parcel 1) and 214-150-10-00 (Affects Parcel 2) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of a^^r^G^ } On "S^f^ .7^13 DatI personally appeared beforeme, /^MHM^^S /J'-C^I^VC/^ /^Aft^^^y A/attJ^/iL(.i Here Insert Natne and TWe of the Officer Natne(s) of Signer(s) BRYAN ALEXANDER^BARNESI COMM. #1933612 2 Notary Public • California g Orange County -t My ConTO. Expires Apr. 23 2015 [ 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/sheAhey executed the same in his/herAheIr 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 correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. — T Signature of Notary Public OPTIONAL Though the information below Is not required by iaw, 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: /^WAI I^A^L-^^U.^^ Document Date: Number of Pages: Slgner(s) Other Than Named At)ove: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator h Other: MAAA^AA RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: signer's Name: • Individual n 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 ©2007 htetional Notary Association* 9350 DeSoto Ave., P.O.Box 2402 •Chatsworth, CA 91313-2402 •www.NationalNotary.org Item #5907 Reorder: Call Totl-Ftee 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CT\CT 09\CT 09-04 Lanikai Lane - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG FM 09-04).doc 01/25/13