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Home My WebLink AboutMS 2021-0003; W-H Carlsbad Owner IX, L.P.; 2022-0429584; 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# 2022-0429584 11111111111111111111111111111111 lllll lllll lllll lllll l/1111111111111111 Nov 08, 2022 09:53 AM OFFICIAL RECORDS Ernest ,J. Dronenburg Jr SAN DIEGO COUNTY RECORDER FEES: $251 00 (SB2 Atkins: $225 00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 221 -880-0100 -221-880-0400 ------------PROJECT ID: MS2021-0003 PROJECT NAME: -R-a-ce-w-ay-ln_d_u_s_t_ria_l ___ _ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 534-9A) 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) W-H CARLSBAD OWNER IX, L.P., 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 Q:\CED\LandOev\PROJECTS\MS\MS2021\MS2021-0003 Carlsbad Raceway Industrial -Elias\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 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:ICED\LandDeV\PROJECTS\MSIMS2021\MS2021-0003 Carlsbad Raceway Industrial -Elias\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this __ 3_rd __ day of ____ O_c_to_b_er ____ , 20 R_. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By AQQ_L~ RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) W-H CARLSBAD OWNER IX, L.P., a Delaware limited partnership By: W-H Carlsbad GP IX, L.L.C., its General Partner By: By: W-H Carlsbad JV IX, L.L.C., its Sole Member By: Hines Carlsbad GP LLC, its General Partner By: Hines Carlsbad MM LLC, its Sole Member By: Hine Carlsbad Associates LP, its Sole Member By: Hines Interests Limited Partnership, its General Partner (sign here) Eric Hepfer, Managing Director (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\land0ev\PROJECTS\MS\MS2021\MS2021-0003 Carlsbad Raceway Industrial · Elias\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public orotherofflcer completing this certificate verifies only the identity ofthe 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 $dJJ /) J~ (rO } On I 0/3/ 'u;>-Z,,7.,,, before me, i?ttDQ Joe, ]'12A-r.Jm~~-A/rJJ¥ y 1 r Date ,., /) Here Insert Nome and Title of theOO er f VE,1,1. (/ personally appeared J:,-/(_ I C H £ Pf £../2., 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. re RAoci UOc r ,A"'" ,E" 1 , ~~fy ,,.,., PENAL TY OF PERJURY ~'"'' ~. ,-COMM # 2320297 )> laws of the State of California that the foregoing Z • SAN DIEGO COUNTY )> paragraph Is true and correct ~ · NOTARY PUBLIC..CALIFORNIAZ WITNESS my hand and offlclal seal. ~ MY COMMISSION EXPIRESJ-' l!,. <> .._. ..__,. <>J~~A._;3.l,;22_.2~ _ ~ _.__ _________ _ Signature -~~------------- Place Notary Seal and/or Stamp Above 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 of Attached Document Title or Type of Document _________________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Clalmed by Slgn•f1•) Signer's Name: ___________ _ Signer's Name: o Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(s): ______ _ □ Partner -□ limited o General o Partner -o Limited o General o Individual o Attorney In Fact □ lndlvlaual □ Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator □ Other: □ Other: Signer Is Representlng: ________ _ Signer Is Representing: ________ _ 0 2019 National Notary Association 4 Q:ICED\LandOev\PROJECTS\MS\MS2021\MS2021·0003 Carlsbad Raceway Industrial -Elias\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of Carlsbad and described as follows: Lots 1, 2, 3 and 4 of Carlsbad Tract No. 98-10 Carlsbad Raceway, according to Map thereof No. 15013, 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 May 3, 2005 as Instrument No. 2005-371022, of Official Records. APN: 221-880-01-00. 221-880-02-00. 221-880-03-00. and 221-880-04-00 APN: 221-880-01-00, 221-880-02-00, 221-880-03-00, and 221-880-04-00 (End of Legal Description) THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY AND FOR INFORMATION PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY OF THE MAP. File No.: 21000480957m Prelim Report COM Page 4 of 11