The URL can be used to link to this page

Home My WebLink AboutCT 95-02; Aviara FSRC Associates; 2013-0664461; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt 2013-0664461 illlllllll llllllllllllllllllllllllllllll NOV 07, 2013 11:42 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErnestJ. 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 CT 95-02 Four Seasons Resort at Aviara RELATED PROJECT ID: SDP 86-02-(B) HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's the release of the Grading and Erosion Control security for the grading work performed per plans (DWG 346-7A) and (DWG 349-8A) for development on property more particularly described in attached Exhibit A, without a final soils report by a soils engineer as required by Carlsbad Municipal Code (CMC) Chapter 15.16, Section 15.16.120 item 10b, l/(We) Aviara FSRC Associates Limited Partnership, a California 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, and lack of a final soils report to prove the inspection and testing of the grading work by a soils engineer as required by CMC Section 15.16.120 item 8a. 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 Q:\CED\LandDev\PROJECTS\CT\CT 1990 - 1999\CT 95\CT 95-02 Four Seasons Resort -\Bonds and AgreementsVHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (346-7Aand349-8A).doc 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 ofthe property described herein. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CEID\LandDev\PROJECTS\CT\CT 1990 - 1999\CT 95\CT 95-02 Four Seasons Resort -\Bonds and AgreementsVHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE {346-7Aand349-8A).doc IN WITNESS WHEREOF, the undersigned has executed this instrument this / ^ day of _ OWNER(S) Aviara FSRC Associates Limited Partnership, a California limited partnership By: HEF IV, L.P., a Delaware limited partnership, its Managing General Partner By: MW Partners IV, L.P. a Delaware limited liability company, its general partner By: MW Hotel Advisory Corp., a Delaware corporation, its general partner (sign Pat Lowery, its Authorized Signatory (print name and title) Date: /Q - APPROVED AS TO FORM: CELIA BREWER City Attapiey By:^ RDN KEMP Assistant City Attorney (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman ofthe 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 Q:\CED\LandDev\PROJECTS\CT\CT 1990 - 1999\CT 95\CT 95-02 Four Seasons Resort -\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (346-7A and 34&«A).doc CALirOIINIA ALL4>yRPOSE ACKNOWLEMMENI' State of Oclifbrnla. /MisSDi^/^/ County of 1^0 VIS } Qn ^gTT 7 ^^/j before me, /StM^ personally appeared Here Insert Name andTiSeW 8)6 Officer ^^^^ FSigner(s) DONNA M. BARNHART Notary Public-Notaiy Seal State of Missouri Conrmiissioned for Jefferson Coun^ My Commission Expires: October 20.2013 Commissir»3 Number: 09476096 who proved to me on the basis of satisfactory evictence to be the person^^whose name^ is^sH^subscribed to the witiiin instrument and acKnowledged to me that he/sMiey ej^cuted the same In his/hefiMr auUiprized capac%{ifl«5t and that by hls/l»fl'ttT8irsignaturei8)ron the Instrufmnt tJB personji^ or the entity upon behalf of which the personjsjf acted, executed the in^niment. I certify under PENALTY OF PERJURY under the laws of the State of Californl» that the foregoing paragraph is true and correct. /V|i5sdtucar WITNESS my hand and official seal^ Baoe Notwy Above Signature OPTIONAL - Signature of Motary PiMc Though the mforrmtkm befow is nof required by iaw, it may prom vahtatte to pemtns /e/ywigf on ttm doammnt and coiM fmmnt muMmt mrwmf and mttachmem of Ohfe turn to anr^tm doaumnt Description of Attached Document Title or Type of Document: Document Date:. . Number of F>ages: Si9ner(s) CrtherThan Named Above: CapaGity(ie8) Claimed by SfgnerCs) Signer's Naane:. O individual • Corporate Officer—Ti!le(s): • Partner —• Limited • General • Attorn^ In Fact • Trustee • Guardian or Conservator • Other: Signer Is R^re^ertting: ______ RIGHT THUr.'IBFRlNT Of SiGNER Top of thunrto here Signer's Name: • iridMdual • Corporate Officer—Title(s): _ O Partner — • Umited O Gdneral O Attorney In Fiact O Trustee • Guardan or Conservator • Other: Signer Is Representing: ______ ;!GHTTf-fur..lBPRINT Of- ;iK.rjf- Top of friumb h«iie Q \CED\LandDe\APROJECTS\CT\CT 1990 - 1999\CT 9aCT 95-02 Four Seasons Resort -\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (346-7Aand349-8A).doc EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 87, 88 AND 89 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT B, ACCORDING TO MAP THEREOF No. 12410, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. LOTS 4, 5, 6, 7, 8, 9. AND PORTION OF LOT 10 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT A, ACCORDING TO MAP THEREOF No. 12409, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. PORTION OF PARCEL 2 OF CITY OF CARLSBAD PM 16451 ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 15, 1991. LOTS 4 AND 5 OF CITY OF CARLSBAD TRACT 95-02 UNIT 1 PLANNING AREA 2A AND A PORTION OF 2B, ACCORDING TO MAP THEREOF No. 13335, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 13, 1996.