Loading...
HomeMy WebLinkAboutMS 12-02; Alps Innovation LLC; 2014-0016720; Hold Harmless Agreement/ReleaseDOCtt 201 lllllllllllll 4-00 6720 I RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbaci, CA. 92008 JAN 14,2014 12:14 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErneslJ. Dronenburg, Jr., COUNTY RECORDER FEES: 27.00 PAGES: SPACE ABOVE THiS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-262-11-00 PROJECT ID: MS 12-02 PROJECT NAME: Alps Innovation Hotels RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGiCAL FAiLURE In consideration of the City's approval of a grading plan (DWG 478-3A) 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) Alps Innovation, 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 to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any Q:\CED\LandDev\PROJECTS\MS\MS 12\MS 12-02 Alps Innovation Hotels - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 478-3A).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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LanclDev\PROJECTS\MS\MS 12\MS 12-02 Alps Innovation Hotels - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 478-3A).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of ^Vo'vrew^e^ 20 L3>. OWNER(S) Alps Innovation, LLC, a California Limited Liability Company By: (sign here) Sharad Khandvyala, Manager/President (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORIVI: CELIA BREWER City Attorney By: •^ON KEMP Assistant City Attorney (Proper notarial acknowledgment of execution by owner(s) must be attached) Q:\CED\LandDev\PROJECTS\MS\MS 12\MS 12-02 Alps Innovation Hotels - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 478-3A).doc 01/25/13 OrderNo.: 12202231-996-U50 LEGAL DESCRIPTION LOT 1 OF CARLSBAD TRACT OF 06-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15630. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 11, 2007. APN: 213-262-11 END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11-17-06) Page 3 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of SQIA ((^\e«?^Q On U/^i/i3 before me, ^tfc-eliA F-evYiA.»oci-gz K}eA:ck^-f poUU^ (Here insert nairie and title of the officer) personally appeared ^l^avo^i lC\/\av\^\j>^aX^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aFe-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef/their authorized capacity(i§s), and that by his/h©f/th^ signature(8) on the instrument the person(^, 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) CECELIA FERNANDEZ CofmniMion # 199$3SS Notary PuMic • California y San Oitgo County ^ Comm. Expirts Oct 30-^^ 1 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording, • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com