Loading...
HomeMy WebLinkAboutSDP 2019-0012; RAF Pacifica Group-Real Estate Fund IV LLC; 2020-0482811; Hold Harmless Agreement/ReleaseDOC# 2020-0482811 1111111111111E11111111111111111111111111111111E1111111111 1111111 Aug 25, 2020 11:02 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 6 RECORDING 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE 5 ASSESSOR'S PARCEL NO.: 212-093-05-00 & 212-093-12- 00 PROJECT ID: SDP2019-0012 PROJECT NAME: RAF Pacifica Group Fusion HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 523-3A) 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) RAF Pacifica Group — Real Estate Fund 1V, LLC, a California limited liability company, for an undivided fifteen percent (15%), Arka Monterey Park, LLC, a Utah limited liability company, for an undivided sixty-seven percent (67%), and 170 Arrowhead Partners, LLC, a California limited liability company, for an undivided eighteen percent (18%), all as tenants in common, 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 1 QACED\LandDev \PROJECTS \PUD\PUD 19 \PUD2019-0007 RAF PACIFICA GROUP FUSION - CHUA\13 & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 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 \ PUDNPUD 19 \ PUD2019-0007 RAF PACIFICA GROUP FUSION - CHUAT & A \HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 Date: By: IN WITNESS WHEREOF, the undersigned has executed this instrument this 11 day of IA 1 , 20 20. OWNER(S) RAF Pacifica Group — Real Estate Fund IV, LLC, a California limited liability company, for an undivided fifteen percent (15%), Arka Monterey Park, LLC, a Utah limited liability company, for an undivided sixty-seven percent (67%), and 170 Arrowhead Partners, LLC, a California limited liability company, for an undivided eighteen percent (18%), all as tenants in common By: (sign here Adam Robinson, Manager (print name and title) 91A/tv, , rVIcxelael tAc (print name and title) Date: 12)-1 120 APPROVED AS TO FORM: CELIA BREWER City Attorney By: ON 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 Cr\CED \LandDev \PROJECTS \ PUMPUD 19 \PUD2019-0007 RAF PACIFICA GROUP FUSION - CHUA\ B & A \ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT 'A' LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: LOT "A" AS SHOWN ON EXHIBIT "A" ON CERTIFICATE OF COMPLIANCE WITH CONDITIONS ADJUSTMENT PLAT NO. 395, AS EVIDENCED BY DOCUMENT RECORDED MARCH 05, 1990 AS INSTRUMENT NO. 1990-116039 OF OFFICIAL RECORDS PARCEL B: LOT 32 OF CARLSBAD TRACT NO. 81-46 UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11288, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1985. APN: 212-093-05 (Affects: Parcel B) & 212-093-12 (Affects: Parcel A) 1 of 1 CIVIL CODE § 1189 CALIFORNIA ACKNOWLEDGMENT MICHELLE A. SARNO Notary Public - California San Diego County Commission #2228324 My Comm. Expires Jan 8.2022 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. 0(\_(AIWO Signature of Notary Public Signature Place Notary Seal and/or Stomp Above 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 6/VIA- 0_4c) 101 t. On \)kA 1-tA :2-"D before me, IM ‘Le._ Date . Here Insert Name and Title of the Officer personally appeared kAA-APV\ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name0 staty subscribed , „ to the within instrument and acknowledged to me that ,6e/shi/th1y executed the same in her/thdir authorized capacity(kis), and that by kisihei/tVir signatLire) on the Instrument the person or the entity upon behalf of which the person) acted, executed the Instrument. :_)2019 National Notary Association 4 QACED\ LandDev \ PROJECTS \ PUMPUD 19 \PUD2019-0007 RAF PACIFICA GROUP FUSION - CHUA\13 & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 DocumentDate: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual o 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 0 General O Individual 0 Attorney In Fact O Trustee 0 Guardian or Conservator o Other: Signer is Representing: CIVIL CODE § 1189 CALIFORNIA ACKNOWLEDGMENT MICHELLE A. SARNO Notary Public - California San Diego County Commission # 2228324 My Comm. Expires Jan 3.2022 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 in(111/1/C) Signature of Notary Public Place Notary Seal and/or Stamp Above • ................. 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 On 1 VA c;-63Cbefore me \,(\ri IC Date Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4/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. 52)2019 National Notary Association 4 QACEDIandDev \PROJECTS \PUMPUD 191PUD2019-0007 RAF PACIFICA GROUP FUSION - CHUA\B & ANHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 Date Here Insert Name and Title of the Officer personally appeared /-) z•-‘ d OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document 0 Corporate Officer — Title(s): O Partner — 0 Limited o General o Individual 0 Attorney in Fact o Trustee o Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): o Partner — o Limited 0 General O Individual 0 Attorney In Fact o Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: 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: OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document 0 Corporate Officer — Title(s): o Partner — 0 Limited 0 General O individual 0 Attorney in Fact o Trustee o Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): o Partner — 0 Limited 0 General O Individual 0 Attorney In Fact O Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 , , , :4. ........ ! 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 -X V... C)\, L On \l/‘ 1,J eforeme, C aCk)-306 A-i I 1AP- Date Here Insert Name and Title of the Officer personally appeared \--C CY\ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s).ts/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 hls/her/thelr signature(s) on the Instrument the person), or the entity upon behalf of which the person(s) acted, executed the Instrument. MICHELLE A. SARNO Notary Public - California San Diego County Commission #2228324 My Comm. Expires Jan 8.2022 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 of Notary Public ©2019 National Notary Association 4 Q:\CED\LandDev\PROJECTS\PUD\PUD 191PUD2019-0007 RAF PACIFICA GROUP FUSION - CHUA\B & A \ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13