HomeMy WebLinkAboutSDP 2020-0006; Eagle Drive Owner LLC; 2021-0551603; Hold Harmless Agreement/ReleaseDOC# 2021-0551603
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Aug 03, 2021 10:59 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 5
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
ASSESSOR'S PARCEL NO.: 221-015-08-00
PROJECT ID: SDP 2020-0006
PROJECT NAME: AMAZON VEHICLE
STORAGE
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 530-6A) 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) EAGLE DRIVE
OWNER, 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
OACED1LandDe$APROJECTS1SDRSDP 2CASDP2020-0006 Amazon - Chuall3 & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01t25/13
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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IN WITNESS WHEREOF, the undersigned has executed this instrument this
1 day of TU 1 , 20 2 • --1
OWNER(S)
EAGLE DRIVE OWNER, LLC, A DELAWARE
LIMITED LIABILITY COMPANY
By:
// (sign here)
BEAU BRAND, VICE PRESIDENT
(print name and title)
Date: 7/1/21
By: )
75 (sign here)
JERRY BRAND, VICE PRESIDENT
(print name and title)
Date: /
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
RON 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
OACED1LandDeOPROJECTS1SOPISDR 20lSDP2020-0006 Amazon - Chua'S & AAHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document 1
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
RA-6c*c.
Date Wrt Nax
r
ind Tide oLth Officer
4( personally appeared ge11.1 ,Fraty4 60'(e.t-tirt
County of
On before me, oaiii 1 21)14
JIMI NELSON
Notary Public - California
San Diego County
Commission It 2264955
My Comm. Expires Nov 20, 2022
Place Notary Seal and/or Stamp Above
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 of Notary Public
SIgnatur
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:
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:
Signer's Name:
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:
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s).terfare subscribed
to the within instrument and acknowledged to me that heislie/they executed the same lry,hisTherftheir
authorized capacity(ies), and that by histripetheir signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
02019 National Notary Association
4
OACEDIandDevPROJECTSI.SDRSDP 20lSDP2020-0006 Amazon - ChualB 8, AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113
EXHIBIT 'A'
LEGAL DESCRIPTION OF REAL PROPERTY
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
PARCEL 'A' AS SHOWN ON CERTIFICATE OF COMPLIANCE NO. 05-02 AS EVIDENCED BY DOCUMENT
RECORDED AUGUST 7, 2006 AS INSTRUMENT NO. 2006-0557341 OF OFFICIAL RECORDS, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
APN: 221-015-08-00