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Home My WebLink About6042; Rancho Carlsbad Owners Association Inc; 2020-0679543; Maintenance AgreementDOC# 2020-0679543 1ill 1111111111111111111111111111111111111 1111 11 11 RECORDING REQUESTED BY RANCHO CARLSBAD OWNERS' ASSOCIATION. INC. AND WHEN RECORDED RETURN TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT Nov 02, 2020 01:53 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $32.00 (SE2 Atkins: $0.00) PAGES: 7 Space Above for Recorder's Use APN: 168-050-38-01 & 168-050-39-01 MAINTENANCE AND INDEMNITY AGREEMENT PURSUANT TO RANCHO CARLSBAD OWNERS' ASSOCIATION, INC. GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND EASEMENT FOR PEDESTRIAN BRIDGE AND UTILITY PURPOSES MAINTENANCE AND INDE1VI1ITY AGREEMENT PURSUANT TO RANCHO CARLSBAD OWNERS' ASSOCIATION, INC. GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND EASEMENT FOR PEDESTRIAN BRIDGE AND UTILITY PURPOSES ,7 This agreement ("Agreement") is made on this ,..17 day of Kt/ , 2020, between Rancho Carlsbad Owners' Association, Inc., (hereinafter called the "Association"), and the City of Carlsbad (hereinafter called "Carlsbad"). Both Association and Carlsbad may sometimes be collectively referred to as the "Parties". RECITALS: A. The Association owns and manages the real property commonly known as Rancho Carlsbad, in the City of Carlsbad, County of San Diego, State of California (the "Subject Property"), more particularly described in the legal description attached hereto as Exhibit "A," which is incorporated herein by this reference. B. The Association is anon-profit mutual benefit corporation organized and existing under the laws of the State of California, established and incorporated as part of a general plan to provide for the management, protection, maintenance, preservation, operation, development and control of the real property (the "Common Area"), the Subject Property and other units located in the Rancho Carlsbad community. C. The Association maintains and controls areas within the development, hereinafter referred to as the "Common Area," which encompasses that area depicted and described in Exhibit "A", and which is owned in undivided interests by the owners of the mobile home units within the Association. D. Carlsbad has requested that the Association grant a temporary construction easement and a right of way easement (collectively "Easements") so that Carlsbad can create a pedestrian bridge, utilities, embankment slope, and incidents thereto (the "Improvements") as more particularly described on the Easements that will be recorded concurrently with this Agreement. E. Carlsbad has agreed to pay fair market value for the Easements, which were appraised at six thousand four hundred ninety-two dollars ($6,492.00). F. Carlsbad and Association intend to fix and determine the rights and obligations of the parties and their successors-in-interest with respect to the design, construction, installation, maintenance, use, repair and removal of the Improvements, and in consideration thereof have entered into this Agreement. NOW, THEREFORE, in consideration of the terms and conditions herein, Carlsbad and Association hereby agree as follows: 1. Upon receipt of the fully executed Grant Deeds of Easement, Carlsbad will remit a check to the Association in the amount of $6,492.00. 2. At no expense to Association and at the time of construction of the Improvements, Carlsbad will remove and replace the Common Area wall located on El Camino Real and Cannon Road, as referred to in Attachment 1 but as more particularly described in the City's final construction drawings for the Improvements. Grantee will also remove 12 mature trees and replace them with 5 trees in the Common Area adjacent to El Camino Real and Cannon Road, as referred to in Attachment 1 but as more particularly described in the City's final construction drawings for the Improvements. Once Carlsbad issues a Notice of Completion for the Improvements, Association shall be responsible for the Common Wall and trees, including but not limited to any associated repairs or maintenance. 3. Carlsbad shall be responsible for all maintenance, repairs, and replacement of the Improvements, as long as either Easement exists. Such work includes, but is not limited to, structural repairs, paving, grading and drainage work associated with the Improvements. Carlsbad shall require contractor(s) accessing the Subject Property to carry liability insurance. 4. The uses described herein shall be exclusive to Carlsbad, except that Carlsbad may transfer its easement rights relating to utilities and associated structures to the Carlsbad Municipal Water District. Association agrees that no buildings and/or structures will be erected, walls constructed, fences built, nor trees planted, nor may the Easements be used by the Association or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of Carlsbad. However, the Association, its agents, contractors and members can access the Easements for purposes of maintaining, repairing and replacing Association's Common Area, and using the pedestrian bridge without the express written approval of Carlsbad once Carlsbad issues a Notice of Completion for the Improvements 5. Carlsbad shall defend, indemnify and hold harmless the Association and its directors, officers, members, committee members, managers and agents from and against any and all liabilities, claims, demands, legal action, settlements, administrative orders, judgments, damages, costs and expenses of any kind (including but not limited to attorney's fees and costs) by reason of property damage or personal injury arising out of any acts of Carlsbad or its contractors, agents, or employees pursuant to this Agreement. This indemnification shall survive as long as the easement for pedestrian bridge and utility purposes exists. 6. Carlsbad agrees to cooperate in the recordation of this Agreement and assist the Association in processing any additional changes to this Agreement in order to properly record this Agreement with the County of San Diego. 7. If any provision or part of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. In the event of any action or proceeding arising out of this Agreement, the prevailing Party in such action or proceeding shall be entitled to recover from the non-prevailing Party reasonable attorneys' fees and costs incurred in connection with such action or proceeding, in addition to any other relief to which such prevailing Party may be entitled. The venue for any action or proceeding arising out of or related to this Easement shall be the Superior Court of the State of California, County of San Diego, North County Division. 3 ' IN WITNESS WHERE9F, the undersigned have executed this Agreement on the date above first written. CITY OF CARLSBAD Scot\ CjAaaL6 BY: CAI MaJAcke,v Date: 8. This Agreement is made in, and shall be construed in accordance with, the laws of the State of California. 9. This Agreement may be executed in counterparts and shall have the same force and effect as though it had been executed as one original signature page. tt- By: Date: AS...,es-utf.rr C.17'1 .Al'ivn_au.' RANCHO CARLSBAD OWNERS' ASSOCIATION, INC. By: Its: _ By: Its: Date: Date: 4 WITNESS my hand and official seal. Signature \ (Seal) ACKNOWLEDGMENT 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 S County of an Diego On 'Sept. 22, 2-02._C) before me, Morgen Fry, Notary Public (insert name and title of the officer) personally appeared Sc-Okt CIA eq,(3i pi 1 GI< Yvi 'RObb Coinice_TO,S who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)isiare subscribed to the within instrument and acknowledged to me that 14e/she/they executed the same in his/her/their authorized capacity(ies), and that by hisihef/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. riYAIrdWhiAbidardhl MORGEN FRY Notary Public - California San Diego County Commission *2268605 — My Comm. Expires Dec 24, 2022 8. This Agreement is made in, and shall be construed in accordance with, the laws of the State of California. 9. This Agreement may be executed in counterparts and shall have the same force and effect as though it had been executed as one original signature page. IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date above first written. CITY OF CARLSBAD By: By: RANCHO CARLSBAD OWNERS' ASSOCIATION, INC. By://7 Weeit Date: Date: Date: Its: By: Date: Its: CALIFORNIA ALL-PURPOSE 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 ) ss. County of San Diego ) • On sl—a-4-Va-41 1:11 21724) , before me, alt-g_avi ks L *F1071=Viat Date Here Insert Name and Title of the Officer personally appeared Ai aLfli-er (4) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persona whose name •i)(Jare subscribed to the within instrument and acknowledged to me that h4Ahe1they executed the same in 14444teetheir authorized capacity , and that by his4aer-itheir signature(j) on the instrument the persona 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. - f 0 41 .427-Ni MARTHA S. KOHL 400 z COMM. %2145455 2145455 ^ v41 47 NOTARY PUBLIC - CALIFORNIA 2 SAN DIEGO COUNTY 0 COMM. EXPIRES MARCH 11, 2020 4, 3 a -kr WITNESS my hand and official seal. Signature ittit.aL 5 koret, Signature of Notary Public Notary Seal Description of Attached Document: r Type of Document: Ma-4 .1 fellZiAC-0 ride" 41-1 Document Date: Ta-rw (Lei I -7e--e-erte-xj- 5