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Home My WebLink AboutSDP 01-01B; Ascent-Biltmore Carlsbad LLC; 2006-0398665; Hold Harmless Agreement/ReleaseDOC# 2006-0398665 VI i\ RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JUN06, 2006 2:41 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: 4 SPACE AE ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Biltmore - 24hr Fitness 2006-0398665 212-040-25 SDP01-01(B) HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 432-2C) and improvement plans (DWG 432-2D) for development to occur on property described as (see attached, Exhibit "A") more particularly described as (APN No. 212-040-25), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Ascent-Biltmore Carlsbad, LLC, a Delaware limited liability company, 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 H:\Development Services\PROJECTS\SDP FILES\SDP 01-01(B) Pacifica Palomar - Riddle\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE-APN212-040-25.doc Rev. 12/08/98 9520 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this 9th day Of March 2006 . PROPERTY OWNERS Ascent-Biltmore Carlsbad, LLC, a Delaware limited liability company By: Biltmore-LGE Carlsbad, LLC, an Arizona Limited liability company, as Biltmore Member/Managing Member By: Biltmore Holdings, LLC, an Arizona limited liability company, as its managing member By: jgn here) ( Richard Lund, Manager (print name and title) Date: By: (sign here) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney (print name and title) )eputy City Attorney (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) H:\Development Services\PROJECTS\SDP FILESXSDP 01 -01 (B) Pacifica Palomar - Riddle\Bonds and Agreements\HOI_D HARMLESS AGREEMENT GEOLOGICAL FAILURE-APN 212-040-25 doc Rev 12/08/98 9521 ACKNOWLEDGMENT OF PROPERTY OWNER State of County of ss. On March 9, 2006, before me, Laura E. Swesey, Notary Public, personally appeared Richard J. Lund, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature LAURA E. SWESEY .Notary Public - Arizona['MARICOPA COUNTYMv Commission ExpiresY JULY 27.2006 9522 Exhibit "A" PROPERTY LEGAL DESCRIPTION Parcel A: That portion of that certain parcel of land shown and designated as Description No. 3, 78.01 acres on record of Survey Map No. 5715, filed in the office of the County Recorder of San Diego County, December 19, I960, being a portion of lot "G" of the Rancho Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16,1896, lying southerly of the center line of County Road Survey No. 1534 as shown on said Record of Survey Map No. 5715, (now known as Palomar Airport Road) and lying westerly of a straight line drawn northerly from the most northerly corner of "Description No. 5" of said Record of Survey Map No. 5715 to a point on the center line of said Road Survey No. 1534, distant thereon north 78° 54' 09" west, 110.74 feet from the westerly terminus of that 1200.00 foot radius curve in the center line of said Road Survey No. 1534 as shown on said record of Survey Map No. 5715.