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HomeMy WebLinkAboutSDP 2019-0009; AG-SW Palomar Owner LP; 2020-0654478; Hold Harmless Agreement/ReleaseDOC# 2020-0654478 11111111111111111111111111111111111111M1111111 Oct 26, 2020 10:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-050-39-00 PROJECT ID: SDP2019-0009 PROJECT NAME: 2051 Palomar Airport Road HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 205-1A) 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), AG-SW Palomar Owner, LP, a Delaware Limited Partnership, 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 QACED\ LandDe0 PROJECTS \SDP \SDP 19 \SDP2019-0009 2051 Palomar Airport Rd - Levy\ B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: 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. /// 2 QACED\LandDev\ PROJECTS \SDP \SDP 19 \SDP2019-0009 2051 Palomar Airport Rd - Levy \B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this I T day of kktsuA-/ , 20X. r OWNER(S) AG-SW Palomar Owner, LP, a Delaware Limited Partnership By: AG-SW Palomar GP, LLC, a Delaware Limited Liability Company, Its General Partner By: (sign here) Louis Friedel, Vice President, AG-SW Palomar GP, LLC (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney N KEMP Assistant City Attorney City of Carlsbad (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 QACED\LandDev \ PROJECTS \SDP \SDP 19 \ SDP2019-0009 2051 Palomar Airport Rd - Levy \B & HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 0. LUTZ Notary Public - California Los Angeles County Commission if 2325307 My Comm. Expires Apr 19, 2024 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: o Corporate Officer — Title(s): o Partner — 0 Limited 0 General O Individual GI Attorney in Fact o Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Signer's Name: 0 Corporate Officer — Title(s): o Partner — 0 Limited o General o Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator o Other: Signer is Representing: CALIFORNIA 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 t1n9eles on lief 1207-0 before me, . IAA ) th-f-ctieti Date Here Insert Name and Title og.tik Officer personally appeared Lout.s Friedel Name(s) of Signer(s) 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(les), 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. 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. Signature Place Notary Seal and/or Stamp Above Signature Notary Public ©2019 National Notary Association 4 QACED\LandDev PROJECTS \SDP \SDP 19 \SDP2019-0009 2051 Palomar Airport Rd - Levy\ B A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: PARCEL A OF PARCEL MAP NO. 9959, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 24, 1980 AS INSTRUMENT NO. 1980-139660 OFFICIAL RECORDS. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY PURPOSES, INCLUDING BUT NOT LIMITED TO ELECTRIC POWER, TELEPHONE, GAS, WATER, SEWER AND CABLE TELEVISION LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THAT PORTION DESIGNATED AND DELINEATED ON PARCEL MAP NO. 9959, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, APRIL 24, 1980 AS INSTRUMENT NO. 1980-139660 OFFICIAL RECORDS, AS 62 FOOT WIDE OFFER OF DEDICATION FOR PUBLIC STREET PURPOSES GRANTED IN THE DEED RECORDED MAY 06, 1980 AS INSTRUMENT NO. 1980-152009 OFFICIAL RECORDS. APN: 213-050-39-00