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Home My WebLink AboutPD 15-04; CR Sea Otter LLC; 2016-0403174; 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 DOC# 2016-0403174 1111111111111111111111111111111111111111111111111111111111111111111111 Aug 09, 2016 09:40AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 2090820900 --------------------------------------PROJECT 10: PD 15-04 ~--~~~~~~~--------------------PROJECT NAME: Sea Otter Retaining Wall HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 489-7A) for development to occur on property more particularly described as Lots 26 and 27 of CT 7 4-21, Map 10372 (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, 1/(We) CR Sea Otter, 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 1 \IFILES01V\Departments\CED\LandDev\PROJECTSIPD\PD 15\PD 15-04 Twin Atlas Sea Otter-Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 I\FILES01V\Departments\CED\LandDev\PROJECTSIPDIPD 15\PD 15-04 Twin Atlas Sea Otter-Bobbett\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 21 day of J vh<. , 201k_. APPROVED AS TO FORM: CELIA BREWER City Attorney By K»J___~ RON KEMP Assistant City Attorney City of Carlsbad Delaware limited liability company By: (sign here) Douglas Brown, Managing Director, CR Sea Otter, LLC (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.) 3 IIFILES01V\DepartmentsiCED\LandDev\PROJECTSIPD\PD 15\PD 15-04 Twin Atlas Sea Otter-Bobbett\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 Form No. 1068-2 Commitment No.: NCS-655225-SD ALTA Plain Language Commitment Page Number: 5 SCHEDULE A 1. Commitment Date: August 14, 2015 at 7:30A.M. 2. Policy or Policies to be issued: Amount (A) ALTA Owner's Policy $TBD Proposed Insured: (B) ALTA Loan Policy Proposed Insured: California Bank & Trust 3. (A) The estate or interest in the land described in this Commitment is: FEE (B) Title to said estate or interest at the date hereof is vested in: CR Sea Otter, LLC, a Delaware limited liability company 4. The land referred to in this Commitment is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: BEING THE CONSOLIDATION OF LOTS 26 AND 27 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 13, 1982, MORE PARTICULARLY DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 26; THENCE NORTHERLY ALONG THE WESTERLY LINE OF LOT 26 NORTH 02° 47' 21" EAST, 840.55 FEET; THENCE CONTINUING AROUND THE PERIMETER OF LOTS 26 AND 27 NORTH 42° 09' 19" EAST, 113.98 FEET; THENCE NORTH 87° 41' 58" EAST, 697.56 FEET; THENCE SOUTH 67° 33' 59" EAST, 378.66 FEET; THENCE SOUTH 57° 03' 48" EAST, 81.00 FEET TO THE MOST EASTERLY CORNER OF LOT 27; THENCE ALONG THE SOUTHEASTERLY LINE OF LOT 27 SOUTH 58° 13' 12" WEST, 781.08 FEET TO A POINT ON A 60° RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID POINT BEING ON THE NORTHEASTERLY RIGHT-OF-WAY OF SEA OTTER PLACE, A CUL-DE-SAC, AS SHOWN ON MAP NO. 10372, A RADIAL TO SAID POINT BEARS NORTH 58° 13' 12" EAST; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 180° 00' 00" A DISTANCE OF 188.50 FEET; THENCE LEAVING SAID CURVE SOUTH 58° 13' 12" WEST 548.65 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERAL RIGHTS MORE THAN 500 FEET BELOW THE SURFACE OF SAID LAND, BUT WITHOUT RIGHT OF SURFACE AND SUBSURFACE ENTRY FROM THE SURFACE Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: NCS-655225-SD Page Number: 6 TO A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED IN DEED RECORDED SEPTEMBER 12, 1990 AS FILE NO. 90-498107 OF OFFICIAL RECORDS. APN: 209-082-09-00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document. personally appeared 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. Place Notary Seal Above 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. Signat~_Ci/Ylt.e\, 1 ~±v 1~ Signature of Notary Public ----------------------------oPTIONAL-------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached 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: 0 Corporate Officer -Title(s): ------~ 0 Partner -0 Limited 0 General 0 Individual 0 Trustee 0 Other:. 0 Attorney in Fact 0 Guardian or Conservator Signer Is Representing: _________ _ Signer's Name: 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ___________________ _ Signer Is Representing: _________ _ ~%"g<5@YJ~~~'§<S!J<$(?X>'@$'§<5:t@JM~~"§X:~~®~@'G:~@®®~'@YQ<>~~~ @2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CED\LandDev\PROJECTSIPD\PD 15\PD 15-04 Twin Atlas Sea Otter-Bobbett\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 NOTARY SEAL CERTIFICATION (Government Code 273617) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATIACHED READS AS FOLLOWS: Commission Number: ,71() I J,j~ ():X.Cq ] ~Date Commission Expires: C[-i1-2ot2s County Where Bond is Filed:_-1tJ~D.<--:J=t.lo!.:W=-~· ~£~(~------------ Manufacturer or Vendor Number: ___ .!_()_,/r-At:........!-------------- (Locafed on both sides of the notary seal border) Signature bt{a,jt/!J ~ F>Naffie{if applicable) Place of Execution: 80 J fl]a/Ucf> (/) Date: Cb /} I J & Rec Form #R10 1 (Rev 6111/03)