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Home My WebLink AboutPD 2019-0015; Carlsbad Inn Vacation Condominium Owners Assoc; 2019-0583508; 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# 2019-0583508 111111111111 lllll 111111111111111111111111111111 IIIII IIIII 1111111111111 Dec 13, 2019 12:09 PM OFFICIAL RECORDS Ernest J. Dronenburg. Jr, SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0 00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-253-01 thru 60; 203-254- 01 thru 72; 203-252-04-00; 203-252-05-00 PROJECT ID: PD 2019-0015 PROJECT NAME: Carlsbad Inn Mitigation Phase 2-4 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 518-3A) 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, I/(We) Carlsbad Inn Vacation Condominium Owners Association, Inc, the owner(s) of parcel B of said property, and Carlsbad Inn, LLC., a Delaware limited liability company of parcel A 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. 1 Q \CED\LandDev\PROJECTS\PD\PD 2019\PD2019-0015 Carlsbad Inn Mitigation -Rick\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01 /25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II II 2 Q \CED\LandDev\PROJECTS\PDIPD 2019\PD2019--0015 Carlsbad Inn Mitigation -Rick\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this -~--n+ __ day of N' \\Vr;l\,\~~20...fl. APPROVED AS TO FORM: CELIA BREWER City Attorney By~ RONKEMP Assistant City Attorney City of Carlsbad OWNER(S) Carlsbad Inn Vacation Condominium Owners Association, Inc. AND Carlsbad Inn, LLC., a Delaware Limited Liability Company All By: Grand Pacific Resort Services, L.P., a managing agent By: ~ (Inhere) Timothy J. Stripe -Co-President of Grand Pacific Resort Services (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.) 3 Q:ICED\LandDev\PROJECTSIPDIPD 2019\PD2019-D015 Carlsbad Inn Mitigation -Rick\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT"A" LEGAL DESCRIPTION PARCEL A 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: A PORTION OF LOT 2 OF CARLSBAD TRACT NO. 84-6 (CARLSBAD INN), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 11049, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 3, 1984, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 3 OF SAID MAP NO. 11049, BEING ALSO THE TRUE POINT OF BEGINNING; THENCE SOUTH 34°40'14" EAST 155.56 FEET; THENCE SOUTH 55°19'46" WEST 96.00 FEET; THENCE SOUTH 31 °05'13" EAST 71.89 FEET; THENCE NORTH 58°54'47" EAST 38.50 FEET; THENCE SOUTH 31 °05'13' EAST 170.56 FEET; THENCE NORTH 55°19'20" EAST 56.37 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG SAID CURVE NORTHERLY THROUGH A CENTRAL ANGLE OF 48°58'14" A DISTANCE OF 21.37 FEET; THENCE TANGENT TO SAID CURVE NORTH 6°20'48" EAST 89.14 FEET TO THE BEGINNING OF A TANGENT 549.02 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG SAID CURVE NORTHERLY THROUGH A CENTRAL ANGLE OF 30°23'28" A DISTANCE OF 291.21 FEET; THENCE SOUTH 55°19'46" WEST 169.17 FEET; THENCE NORTH 30°40'14" WEST 65.00 FEET; THENCE SOUTH 55°19'46" WEST 17.19 FEET TO THE TRUE POINT OF BEGINNING. SAID LAND IS ALSO DESCRIBED AND DEPICTED AS LOT 2 OF CERTIFICATE OF COMPLIANCE NO. 293 RECORDED SEPTEMBER 6, 1985 AS DOCUMENT NO. 85-328098 OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 203-252-04-00 AND PARCEL B A TIMESHARE ESTATE CONSISTING OF AN UNDIVIDED ONE-FIFTY-FIRST (1151ST) INTEREST IN AND TO THAT CERTAIN CONDOMINIUM DESCRIBED AS FOLLOWS: (A) AN UNDIVIDED 11132ND INTEREST IN AND TO LOT 1 OF CARLSBAD TRACT NO. 84-6, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11049, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 3, 1984; EXCEPTING THEREFROM UNITS 101 THROUGH 144, 201 THROUGH 244 AND 301 THROUGH 344, AS SHOWN ON THAT CERTAIN CONDOMINIUM PLAN FOR CITY OF CARLSBAD TRACT NO. 84-6 CARLSBAD INN, RECORDED JUNE 18, 1985, AS DOCUMENT NO. 85-216356 OFFICIAL RECORDS IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AND RESERVING THEREFROM NON-EXCLUSIVE RIGHT TO USE "COMMON AREAS" AS DEFINED IN THE DECLARATION. PARCEL 2: CONDOMINIUM UNIT NO., UNIT TYPE BUILDING NO, DURING USE WEEK, AS THOSE ITEMS ARE DEFINED IN THE DECLARATION AND THE "COMMON FURNISHINGS" IN SAID UNIT, TOGETHER WITH A NON-EXCLUSIVE RIGHT TO USE THE "COMMON AREAS" AND "SUPPORT AREAS" AS DEFINED IN THE DECLARATION. END OF LEGAL DESCRIPTION Acknowledgement 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 San Diego On November 8, 2019, before me, Diane Marie Proulx. Notary Public, personally appeared Timothy J. Stripe, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/-Me subscribed to the within instrument and acknowledged to me that he/she/the~ executed the same in his/her/their authorized capacityftes-7, and that by his/her/their signaturef½) on the instrument the personf.7, or the entity upon behalf of which the personf.7 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.