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HomeMy WebLinkAboutCUP 11-06; Surya LP; 2013-0033086; 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 2013-003308G iiiiiiiiiiiiiiiiiiiiiiiii JAN 16,2013 2:08 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE EmeslJ. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 5 SPACE ABOVE THiS UNE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: 213-091-06 CUP 11-06 Fairfield Inn HOLD HARIVILESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 476-2A) and improvement plans (DWG 476-2) 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) SURYA LP, 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. 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\CUP\CUP 11\CUP 11-06 Fairfield Carlsbad - Rick\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 476-2 and 476- 2A).doc 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this //"^ day of Oo^uL^ , 20 OWNER(S) SURYA LP, a California limited partnership APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Assistant City AttorrVey By: (sign here) Neil Patel, General Partner (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\CUP\CUP 11\CUP 11-06 Fairfield Carlsbad - Rick\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 476-2 and 476- 2A).doc EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of Califomia, described as follows: PARCEL 1: ALL OF LOT 16 AND A PORTION OF LOT 15 OF CARLSBAD TRACT NO. 80-38, MAP NO 10198 AS FILED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF ' CALIFORNIA, AS INSTRUMENT NO. 81-294627, DATED SEPTEMBER 15, 1981, OFFICIAL RECORDS. COMMENCING AT A 3/4" X 18" IRON PIPE MONUMENT WTTH DISC MARKED RCE 18673 PER MAP NO. 10198. SAID MONUMENT BEING THE COMMON CORNER OF LOT 16 AND LOT 15 ON A PORTION OF A 1535.00 FOOT RADIUS ARC BEING THE SOUTHERLY RIGHT OF WAY LINE OF PALOMAR OAKS WAY AND THE TRUE POINT OF BEGINNING FOR LOT C, SAID POINT HAVING A RADIAL UNE WHICH BEARS NORTH 13° 14' 33" EAST; THENCE ALONG THE ARC OF A PORTION OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 26 04", AN ARC DISTANCE OF 11.64 FEET TO A POINT OF TANGENCY" THENCE SOUTH 12° 48' 29" WEST 62.00 FEET; THENCE SOUTH 03° 39' 57" WEST 128.22 FEET; THENCE SOUTH 60° 20' 03" EAST 101.93 FEET; THENCE SOUTH 29° 39' 57" WEST 42.00 FEET; THENCE SOUTH 60° 20' 03" EAST 4.00 FEET; THENCE SOUTH 29° 39' 57" WEST 84.72 FEET TO A POINT ON THE SOUTHERLY LOT LINE OF LOT 15 AS DESCRIBED IN MAP NO. 10198, CONTINUING ALONG A PORTION OF SAID LOT LINE; THENCE NORTH 54° 34' 18" WEST 89.99 FEET TO A POINT BEING THE CORNER OF LOT 15 AND LOT 16, CONTINUING ALONG THE LOT LINE OF LOT 16 AS DESCRIBED IN MAP NO 10198- THENCE NORTH 80° 14' 18" WEST 94.37 FEET; THENCE NORTH 34° 24' 52" WEST 109.70 FEET; THENCE NORTH 71° 50' 26" WEST 263.11 FEET; THENCE NORTH 18° 09' 34" EAST 84.96 FEET TO A TANGENT POINT ON A 144 FOOT CURVE HAVING A RADIAL LINE WHICH BEARS NORTH 04° 31' 51" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31° 43' 23" AN ARC DISTANCE OF 79.73 FEET, TO A POINT OF TANGENCY; THENCE NORTH 62° 48' 28" EAST 72.61 FEET TO A POINT BEING TANGENT TO A 231 34 FOOT RADIUS CURVE, A RADIAL LINE OF SAID CURVE BEARS SOUTH 27° 11' 32" EAST" THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43° 09' 34" AN ARC DISTANCE OF 174.26 FEET TO A POINT OF TANGENCY; THENCE SOUTH 74° 01' 58" EAST 53.43 FEET TO A POINT BEING TANGENT TO A 1535 00 FOOT RADIUS CURVE, A RADIAL LINE OF SAID CURVE BEARS NORTH 15° 58' 02" EAST" THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 43' 29" AN ARC DISTANCE OF 73.00 FEET TO A POINT OF TANGENCY TERMINATING AT A POINT SAID POINT BEING THE POINT OF TRUE BEGINNING. SAID PROPERTY BEING DESCRIBED AS "PARCEL C" IN A CERTIFICATE OF COMPLIANCE RECORDED ON MAY 20, 1992 AS INSTRUMENT NO. 1992-0309738 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. PARCEL 2: EASEMENTS GRANTED IN ACCORDANCE WITH THE TERMS OF THAT CERTAIN GRANT OF EASEMENTS, DATED JULY 29, 1981, EXECUTED BY MITSUI FUDOSAN (U.S.A.), INC., A CALIFORNIA CORPORATION, DBA PALOMAR AIRPORT BUSINESS PARK, AS OWNER, AND BIRTCHER BUSINESS CENTER-CORPORATE PALOMAR, A CALIFORNIA LIMITED PARTNERSHIP, AS GRANTEE, RECORDED AUGUST 04, 1981 AS INSTRUMENT NO. 81-246287 OF OFRCIAL RECORDS. APN: 213-091-06-00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of_S^nJ5^ } On OCfeW h ax?^'^ before me, Ud^ia ^tiO dcJiVaSOY. Hptafl Pi/blic Date personally appeared Here Insert Name and Title of the Officer Naaie(s) of Signer(s) LktHZALVTyiN CARAGAY^ Commission # 1953378 wtaryPuWIc-Caitfomla CAR ^ LComm San Olsgo County >23. 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 correct. WITNESS my hand and official seal. Place Notary Seal Atiove Signature. OPTIONAL - \J \\ Signature of 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 Attaclied Document Title or Type of Document: Document Date: . Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 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 Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — n Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association* 9350 De Soto Ave., P.O. Box 2402'Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder. 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