HomeMy WebLinkAboutCD 2020-0022; AP Beacon Carlsbad LP; 2022-0252641; 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# 2022-0252641
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Jun 16, 2022 02 :11 PM
OFFICIAL RECORDS
Ernest J. Dronenburg , Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins: $0.00)
PAGES 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: _2_16_-1_2_4_-1_6_-0_0 ____ _
PROJECT ID: CD2020-0022
PROJECT NAME: The Beacon Phase 3
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 532-1A) 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) AP Beacon
Carlsbad, 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
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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
Z✓fJ,tl..... day of ,+lw(...~ , 20-13::.
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By ~lp ~
Assistant City Attorney
City of Carlsbad
OWNER(S)
AP Beacon Carlsbad, LP, a Delaware Partnership
By:
Date:
By:
Date:
(sign here)
Judd, Managing Partner
(print name and title)
(sign here)
(print name and title)
(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.)
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&•WORN ... 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 whkh this certificate is attached, and not the truthfulness, accuracy, or validlty of that document.
State oi Cdliibliiid ~~ <:.~\\ "-G
County of ~-<~'-.) }
On f?e~ I '), -pt...'1..--before me, P-_v-.. Cli>,, (." ~d r ~~\Ab\\(.,
Date ~-;,; Insert Name ond Tl of the Officer
personally appeared s;'o..~§ \<\...A.
Name{s) of Slgner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed
to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their
authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument.
I certify under PENAL TY OF PERJURY under the
laws of the State of ~ that the foregoing
paragraph Is true and correcl ('JO~ cc.--ol,I\~
WITNESS my hand and official seal.
Ploce Notory Seal and/or Stomp Above ~.~~"" ~f Notary Pub/le
OPTIONAL
Completing this Information can deter alteration of the document or
fraudulent reattachment of this form to on unintended document
Description of Attached Document
Title or Type of Document _________________________ _
DocumentDate: ___________________ Numberof Pages: ___ _
Slgner(s) Other Than Nnmed Above: ______________________ _
Capaclty(les) Claimed by Slgner(s)
Signer's Name: ___________ _ Signer's Name: ___________ _
□ Corporate Officer -Title(s): ______ _ o Corporate Officer -Tltle(s): ______ _
□ Partner -□ Limited □ General □ Partner -□ Limited □ General
□ Individual □ Attorney In Fact □ lndlvldual o Attorney In Fact
o Trustee □ Guardian or Conservator o Trustee □ Guardian or Conservator
□ Other: o Other: _________ _
Signer Is Representing: ________ _ Signer Is Representing: ________ _
C2019 Notional Notary Association
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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 A:
PARCELS "B" AND "D" OF PARCEL MAP NO. 10283, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
ON JULY 30, 1980 AS INSTRUMENT NO. 80-240721 OFFICIAL RECORDS.
PARCEL B:
NON-EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS FOR VEHICULAR AND PEDESTRIAN
TRAFFIC AND VEHICLE PARKING, PUBLIC UTILITIES, SIGNS AND OVERHANGS OVER, UNDER, ALONG
AND ACROSS THE "COMMON AREA," AS DEFINED, CREATED, SET FORTH AND DESCRIBED IN THAT
CERTAIN "DECLARATION OF ESTABLISHMENT OF PROTECTIVE COVENANTS, CONDITIONS AND
RESTRICTIONS AND GRANT OF EASEMENTS" RECORDED SEPTEMBER 03, 1980 AS INSTRUMENT NO.
80-282192 OFFICIAL RECORDS.
APN: 216-124-16-00, 216-124-17-00