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HomeMy WebLinkAboutPD 15-04; CR Sea Otter LLC; 2018-0182714; 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# 2018-0182714 111111111111 lllll 111111111111111111111111111111 IIIII IIIII 1111111111111 May 07, 2018 02:01 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins: $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE AS~SOR'S PARCEL NO.: 209-082-09-00 ~ PROJECT ID: _P_D_1_5-_0_4 ______ _ PROJECT NAME: REGENT PROPERTIES (SEA OTTER) HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 489-?A) 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, I/(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 damage to public improvements caused by any geological failure referred to in this agreement 1 C \Users\vnels\Desktop\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE· GR2017-0058 doc ,, ~L 01/25/13 / ::> ~ 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 C \Users\vnels\Desktop\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE-GR2017-0058 doc 01125113 IN WITNESS WHEREOF, 1/i day of MafvV\ APPROVED AS TO FORM: CELIA BREWER City Attorney RON KEMP Assistant City Attorney City of Carlsbad the undersigned has executed this instrument this , 20--f!. OWNER(S) CR SEA OTTER LLC a Delaware limited liability company By: (sign here) M(:l~ *"' ~" ..,f-I f':Vf' --Qew9la& aro>ot~ Managing Director.& (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 Q ICED\LandDevlPROJECTSIPD\PD 15\PO 15-04 Twin Atlas Sea Otter -Bobbett. R1ck\Bonds and Agreements\B&A for construction change GR2017-00581HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE-GR2017-0058 doc 01125113 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. State of California County of Los Angeles On 03/29/2018 Date before me, Nicole Stanton, Notary Public Here Insert Name and Title of the Officer personally appeared ___ M_at_t_he_w_B_e_n_b_a_s_sa_t _____________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(-s) whose name(s) isleFe- subscribed to the within instrument and acknowledged to me that he/sl=le/U~e~· executed the same in his/her/their authorized capacity{iesr, and that by his/hsr:/thsir signature(-s) on the instrument the person(s), or the entity upon behalf of which the person(s} acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and 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: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: 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 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 CONCA VE 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 SURF ACE AND SUB SURF ACE ENTRY FROM THE SURF ACE TO A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED IN DEED RECORDED SEPTEI\IBER 12, 1990 AS INSTRUMENT NO. 90-498107 OFFICIAL RECORDS. SAID DESCRIPTION IS MADE PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED OCTOBER?, 1990 AS INSTRUMENT NO. 90-538445 OFFICIAL RECORDS. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR THE PURPOSES OF MAINTENANCE OVER THE LANDSCAPE MAINTENANCE AREAS SUBJECT TO THE ASSOCIATION'S AND OTHER OWNER'S EASEMENT FOR MAINTENANCE AND ANY OTHER EASEMENT OR RIGHTS SPECIFICALLY PROVIDED FOR THEREIN, AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN DOCUMENT ENTITLED "DECLARATION OF PROTECTIVE COVENANTS FOR CARLSBAD OAKS EAST BUSINESS PARK" RECORDED AUGUST 24, 1998 AS INSTRUMENT NO. 88-422107 OFFICIAL RECORDS. Assessor's Parcel Number: 209-082-09-00