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Home My WebLink AboutMS 2019-0003; AN Motors of Ft. Lauderdale Inc; 2022-0324467; 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# 2022-0324467 1111111 11111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII 1111 Aug 10, 2022 03: 19 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.: -=21.;_1'--0:....:8"""0.....:-1--'-1-....::0...:..0 ____ _ PROJECT ID: MS2019-0003 PROJECT NAME: BMW OF CARLSBAD HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 529-6A) 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, I/(We) AN Motors of Ft. Lauderdale, Inc., a Florida Corporation, 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 1 Q:ICEDILandDe\/\PROJECTSISDPISDP 1912019-0005 BMW CMsbad -Levy\8 & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc01/25113 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 /II Ill /II /II /II /II /II Ill /II Ill Ill Ill Ill Ill /II /II 2 Q:ICED\LandDevlPRDJECTSISDP\SDP 1912019-0005 BMW Car1sbad -Levy\B & AIHDLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc01/25113 IN WITNESS WHEREOF, the undersigned has executed this instrument this ,,,;Q ~ .--r;, .., -"J? _<7'_/ __ day of __ v"--"""-1+-t.---____ , 20~ APPROVED AS TO FORM: CELIA BREWER City Attorney By JQ12 1 ~ RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) AN Motors of Ft. Lauderdale, Inc., a Florida Corporation ~ By: ~ (sign here) Charles W. Sabadash, 111 , A uthorized Agent (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:\CEDILandDev\PROJECTSISDPISDP 1912019-0005 BMW Ca~sbad -Levy\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc01l25/13 ISSUED BY First American Title Insurance Company First American Title"·1 File No: 1002-329094-RTT Exhibit A File No.: 1002-329094-RTT The Land referred to herein below is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: LOTS 2 AND 3 OF CARLSBAD TRACT NO. 87-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12242, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 28, 1988. THIS LEGAL IS MADE PURSUANT TO THAT CERTIFICATE APPROVING A CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 14, 1989 AS FILE NO. 89-496668 OF OFFICIAL RECORDS. For conveyancing purposes only: APN 211-080-11-00 This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by First Ameriean Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions. Copyright 2006-2016 American Land 11tle Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 13 of 13 ALTA Commitment forTitle Insurance (8-1-16 Califoml State of Florida } County of Broward} The foregoing instrument was acknowledged before me this 29th day of June, 2022 by Charles W. Sabadash III, Authorized Agent of AN Motors of Ft. Lauderdale, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me. Cynthia A. Hallgren ~\\\\\\I II IIII/J/11, '/1..,,..._ «y.\f\ A J.1,.; t111, ~ ,~' ...... ;-:v.<0. ~ ~ C., •• ;o~~\SSIO,v ;_~ •• ~&~ ;:: : ~ • ~\lARY J ~ ••-~ ::::, ~ : ~ ')~-''<o ~·. ~ :*: ~(/)~ -a. = : ..... : = ~ a ·.i #GGsJJ214 : *: ~ ~-.~ ~ .. ~ ~ ~)-••?-A o//qed \ti~ -~.,~• • ~ ~ ~ A •. ~~lie Und•~~. • 0~ ~ ~"e,·•····~~ ~l11, IC, STATc o<r: '/1,.\\~ t,,,,,,,,111\\\\\\"i.