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HomeMy WebLinkAboutSDP 15-10; APG CarLsbad I, LLC; 2016-0015565; Hold Harmless Agreement/Releaseto 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 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 \IFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 15\SDP 15-10 Carlsbas Oaks-Tecla\8 & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this b day of __ ...,..J....,&n,._..u.t""'"""'~""-~""""fC...._ ___ , 20 ' 6 APPROVED AS TO FORM: CELIA BREWER City Attorney By Alle.A~ RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) APG Carlsbad I, LLC, a California limited liability company, SR22 Carlsbad Oaks Distribution, LLC, a California limited liability company, and, PRE IV C Oaks, LLC, a California limited liability company; as Tenants-In-Common By: SR22 Carlsbad Oaks Distribution, LLC, a California limited liability company, .··. c·"·-·-/ Title: Managing Tenant / ... · / By r;:dil~---- _· ~here) Adam S. Robinson, Manager, SR22 Carlsbad Oaks Distribution, LLC, a California limited liability company (print name and title) Date: ! /C. jl 6 (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\Departments\CED\LandDev\PROJECTSISDPISDP 15\SDP 15-10 Carlsbas Oaks-Tecla\8 & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 LEGAL DESCRIPTION Order Number: NCS-728411-SD Page Number: 9 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: LOT 13 OF CARLSBAD TRACT NO. 97-13-02, CARLSBAD OAKS NORTH PHASE 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 23, 2007 AS DOCUMENT 2007-0047588 OF OFFICIAL RECORDS. PARCEL B: NON-EXCLUSIVE EASEMENTS FOR PEDESTRIAN INGRESS AND EGRESS, BRUSH MANAGEMENT AND DRAINAGE OVER THE COMMON AREAS AS SET FORTH AND SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CARLSBAD OAKS NORTH BUSINESS PARK" RECORDED FEBRUARY 5, 2007 AS INSTRUMENT NO. 2007-0081082 OF OFFICIAL RECORDS. APN: 209-120-10-00 First American 77tle Insurance Company