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Home My WebLink AboutCT 2018-0002; Aviara LP; 2022-0324471; 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# 2022-0324471 1111111 11111 lllll 11111111111111111111 111111111111111 IIIII IIIII IIII IIII 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.: 212-040-56 __:::...;..:::.....:....,;_;;_..::....:... _____ _ PROJECT ID: CT 2018-0002 PROJECT NAME: Aviara Apartments HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 535-1) 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) Aviara 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 1 O:ICED\landDevlPROJECTSICncT2018\CT2018-0002 Laurel Tree Carlsbad · Carroll\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 Ill Ill Ill 2 Q:\CED\LandOev\PROJECTSICT\CT2018\CT2018-0002 Laurel Tree Carlsbad -CarrolnB&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this Q3 ..,_,~ r--C ---.---. ____ day of__,,._, -~~"=N___.,LJ_,__ _____ , 20~ APPROVED AS TO FORM: CELIA BREWER City Attorney OWNER(S) Aviara LP, a Delaware limited partnership BY: Aviara Genpar, LLC, a Delaware limited liability company, its General Partner By: R&V Investment Management Corporation, a California corporation, its Manager By: Scott Dale, President (print name and title) Date: r_e/i,1, /2-L I I By: (sign here) (print name and title) Date: By: (!M,~ k-. K l Htt);tffe'\ go~J KEMP Clnd, ~ ~. Mc HtthOY\ 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 Q:ICED\landDev\PROJECTSICncT2018\CT2018-0002 Laurel Tree Carlsbad -Carroll\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 28 Ji •• • •• WAZ A notary public or other officer completing this certificate verifies only the identttyof 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~ __D_LEl:,.i _____ _ On U~~ Z.O,:Z, before me, UjM,..\ \>AUI\E:4?-1 NaTA¢'1 W8l...l(,. ~te Here Insert Nome and Title of the Officer personally appeared ---~U:~.J,<-.o~cr:r_.__._ _ _..,DA~"'-"(..,,F._,_ _______________ _ Name(11 of Signert,f who proved to me on the basis of satisfactory evidence to be the person~ whose name~ ls/!!re"subscrlbed to the within Instrument and acknowledged to me that he/~ executed the same In his/~ authorized capacity~. and that by his/~ signature(:,! on the Instrument the person(,J, or the entity upon behalf of which the person(11 acted, executed the Instrument. Place Notory Seal ondlor Stamp Above I certify under PENAL TY 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 -~-----• __:a:.......:.~------- Signature of Notary Pub/le OPTIONAL Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description ttached Document Title or Type of Do Capaclty(les) Clalmed by Slgner(s) Signer's Name: ___________ _ ner's Name: o Corporate Officer -Tltle(s): ______ _ □ rate Officer -Tltle(s): ______ _ □ Partner -o Limited o General o Partne □ Limited o General o Individual o Attorney In Fact □ Individual o Attorney In Fact □ Trustee o Guardian or Conservator □ Trustee o Guardian or Conservator D Other: D Other: Signer Is Representing: _________ _ Signer Is Representing: -----=~-...::,----- <02019 National Notary Association 4 Q:ICED\landDe\/\PROJECTSICncT2018\CT2018-0002 Laurel Tree Cartsbad • Carroll\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 "EXHIBIT A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: THAT CERTAIN PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER COMMON TO PARCELS "B" AND "C" OF PARCEL MAP NO. 2993, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL "C", NORTH 73°25'32" EAST, 218.15 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 800.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°52'27" AN ARC LENGTH OF 319.38 FEET; THENCE TANGENT TO SAID CURVE SOUTH 83°42'01" EAST, 254.06 FEET; THENCE SOUTH 81°37'46" EAST, 525.00 FEET TO A POINT IN THE SOUTHWESTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF PARCEL "D" OF SAID PARCEL MAP NO. 2993; THENCE SOUTHWESTERLY ALONG SAID EXTENSION SOUTH 13°36'43" WEST, 114.38 FEET; THENCE SOUTH 71°35'51" WEST, 1165.74 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "B"; THENCE NORTHWESTERLY ALONG THE NORTHEAST LINE OF SAID PARCEL "B" NORTH 18°24'09" WEST, 519.41 FEET TO THE POINT OF BEGINNING. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER ALL THAT PORTION OF PARCEL D OF PARCEL MAP NO. 2993, AND A PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL D; THENCE SOUTH 13°36'43" WEST ALONG THE EASTERLY LINE THEREOF, 13.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 13°36'43" WEST, ALONG SAID EASTERLY BOUNDARY AND THE SOUTHERLY PROLONGATION THEREOF, 531.99 FEET; THENCE NORTH 81°37'46" WEST 30.13 FEET; THENCE NORTH 13°36'43" EAST 533.43 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL MAP; THENCE ALONG SAID NORTHERLY LINE, SOUTH 78°54'09" EAST 30.03 TO THE TRUE POINT OF BEGINNING. APN: 212-040-56-00