HomeMy WebLinkAboutSDP 2018-0009; Wentworth Property Company LLC; 2020-0077245; 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# 2020-0077245
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Feb 14, 2020 11:17 AM
OFFICIAL RECORDS
Ernest J. Dronenburg Jr
SAN DIEGO COUNTY RECORDER
FEES $26 00 (SB2 Atkins $0.00)
PAGES 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 209-120-04-00 -----------PROJECT ID: SDP 2018-0009
PROJECT NAME: North Oaks Self-Storage
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 517-3A) 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, 1/(We) WPC-NN
Carlsbad Caribou Court, 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
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Q:ICED\LandDev\PROJECTSISDPISDP 18\SDP2018-0009-Carlsbad Oaks Lot 5-See CUP2018-0013 -Levy\B&AIHOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE.doc
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.
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Q:\CED\LandDev\PROJECTSISDPISDP 18\SDP2018-0009-Carlsbad Oaks Lot 5-See CUP2018-0013 -Levy\B&AIHOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE.doc
IN WITNESS WHEREOF, the undersigned has executed this instrument this
'j :J_ day of :J"t1nl4 ca °1 ' 20.2.Q.
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By: ~)~ 'ONKEMf£
Assistant City Attorney
City of Carlsbad
OWNER(S)
WPC-NN Carlsbad Caribou Court, LLC, a Delaware
limited liability company
By: <
(sign here)
James R. Wentworth, President
(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.)
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GEOLOGICAL FAILURE.doc
LEGAL DESCRIPTION
Order Number: NCS-894828-5D
Page Number: 9
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
LOT 5 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE 1, IN THE CilY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 14926, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
DECEMBER 15, 2004.
APN: 209-120-04-00
Rrst.American Title Insurance Company
ARIZONA NOTARY ACKNOWLEDGMENT
State of Arizona
County of .Nlth' Ito f 1t
The foregoing instrument was acknowledged before me this )4,1 u cvt Z 7-'loz D
(date) by ,)i:.n1tS R Werrl-wuAl (name of person acknowledged).
(Seal)
OFFICIAL SEAL
•
STEPHEN BUTTERFIELD, JR
Notary Public -Arizona
MARICOPA COUNTY
My Commission Expires
SEPTEMBER 14 2021
Signature of Person Taking Acknowledgment
Title or Rank ,hso{,~?i--lt:.
Serial Number (if any) _______ _
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