HomeMy WebLinkAboutSUP 2022-0001; LC INVESTMENT 2010 INC LLC; 2022-0460778; 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# 2022-0460778
111111111111ll11111111111111111111111111111111111111111111111111111111
Dec 07, 2022 11 :23 AM
OFFICIAL RECORDS
Ernest ,I. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $0.00 (S82 Atkins: $0 00)
PAG ES 8
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 216-593-0500, 216-592-0100,
216-592-0400, 216-590-1600,
216-590-0100, 216-590-0200,
216-590-0300, 213-111-1500,
213-111-2000, 213-112-3100,
213-112-3200
PROJECT ID: _S_U_P_20_2_2_-0_0_01 _____ _
PROJECT NAME: Omni La Costa Golf Course
Renovation-18 hole champions
course sustainable landscape and
play area
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 539-4A & DWG 539-4B)
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)
LC Investment 2010, Inc., 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
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Q:ICED\Admin\B&AIPROJECTS\SUP 2022-0001· Omni La Costa Golf Course Renovation_E.E\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
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
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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O:\CED\Admin\B&AIPROJECTSISUP 2022-0001-Omni La Costa Golf Course Renovation_E.E\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
/II
IN WITNESS WHEREOF, the undersigned has executed this instrument this
\~ day of l-,l<l'->'e.~u., , 20 -z:t...
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By ~Q~~ b'KJi<EMP
Assistant City Attorney
City of Carlsbad
OWNER(S)
LC Investment 2010, Inc., LLC a Delaware limited
liability company
By:
Michael G. Smith
Executive Vice President Real Estate and Development
(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.)
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Q:ICED\Admin\B&A\PROJECTSISUP 2022-0001-Omni La Costa Golf Course Renovation_E.E\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
PRELIMINARY REPORT
YOUR REFERENCE:
EXHIBIT "A"
LEGAL DESCRIPTION
Chicago Title Company
ORDER NO.: 00146092-993-S02-CFU
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 1:
PARCEL A OF PARCEL 1:
PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. 07-08, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 070024, RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 9, 2008
AS INSTRUMENT NO. 2008-0252174 OFFICIAL RECORDS, BEING A PORTION OF LOT 1 OF CARLSBAD
TRACT NO. 03-01 , LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP NO. 14984, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 18, 2005.--
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE
EASTERLY LINE OF LOT 55 OF LA COSTA VALLEY UNIT NO. 1, IN THE CITY OF CARLSBAD, ACCORDING
TO MAP NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JULY 29, 1964,
DISTANT THEREON NORTH 8° 52' 40" EAST (RECORD NORTH 8° 54' 07" EAST PER SAID MAP NO. 5434)
39.33 FEET FROM THE SOUTHEASTERLY CORNER THEREOF; THENCE ALONG THE EASTERLY LINES
OF SAID LOT 55 AND LOT 56 OF SAID MAP NO. 5434 SOUTH 8° 52' 40" WEST (RECORD SOUTH 8° 54' 07"
WEST PER SAID MAP NO. 5434) 160.93 FEET TO THE NORTHEAST CORNER OF LOT 57 OF SAID MAP NO.
5434; THENCE ALONG THE EASTERLY LINE OF SAID LOT 57 SOUTH 20° 29' 23" WEST (RECORD SOUTH
20° 30' 50" WEST PER SAID MAP NO. 5434) 186.99 FEET; THENCE SOUTH 77° 29' 05" EAST 66.04 FEET
(RECORD SOUTH 77° 23' 07" EAST 65.76 FEET PER SAID MAP NO. 5434); THENCE NORTH 70° 40' 31"
EAST 7.11 FEET (RECORD NORTH 68° 55' 29" EAST 7.21 FEET PER SAID MAP NO. 5434); THENCE
LEAVING SAID BOUNDARY NORTH 20° 02' 19" EAST 39.48 FEET; THENCE NORTH 24° 53' 35" EAST 137.79
FEET TO A POINT THAT BEARS SOUTH 72° 02' 15" EAST 81.21 FEET FROM SAID NORTHEAST CORNER
OF LOT 57; THENCE NORTH 21° 13' 10" EAST 47.44 FEET; THENCE NORTH 8° 54' 07" EAST 127.35 FEET;
THENCE NORTH 81 ° 05' 01" WEST 90.38 FEET TO THE POINT OF BEGINNING.
SAID LAND IS SHOWN AS PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. 07-09, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO.
CE 0700028, RECORDED MAY 9, 2008 AS INSTRUMENT NO. 2008-0252179 OFFICIAL RECORDS.
APN: 216-593-05,
APN: 216-592-01, 216-592-04 &
APN: 216-590-16
PARCEL B OF PARCEL 1:
INTENTIONALLY DELETED.
PARCEL C OF PARCEL 1:
LOTS 2, 3, 4 AND 28, OF TRACT 03-01 -01 , LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO
COUNTY RECORDER AS MAP NO. 14984, ON MARCH 18, 2005; AND LOT 37 OF TRACT 03-01-02, LA
COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, AS MAP NO. 15108,
ON SEPTEMBER 19, 2005.
Cl TA Preliminary Report Form -Modified (1 1/17/06) Page 3
PRELIMINARY REPORT
YOUR REFERENCE:
APN: 216-590-01,02 AND 03
APN: 213-111-15, 213-111-20,
APN: 213-112-31 & 213-112-32
PARCEL 2:
INTENTIONALLY DELETED.
PARCEL 3:
EXHIBIT A
(Continued)
Chicago Title Company
ORDER NO.: 00146092-993-$D2-CFU
A NON-EXCLUSIVE EASEMENT FOR PASSAGE, DRAINAGE AND MAINTENANCE OVER, UNDER,
THROUGH AND ACROSS THAT PORTION OF LOT 148 OF LA COSTA VALLEY UNIT NO. 4, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 5781, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS RESERVED IN "PARTNERSHIP
GRANT DEED" RECORDED JULY 1, 1986 AS INSTRUMENT NO. 1986-271802 OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 148; THENCE ALONG THE EASTERLY
BOUNDARY LINE SOUTH 00° 45' 02" WEST 117.00 FEET; THENCE SOUTH 23° 31' 24" EAST 128.23 FEET
TO THE SOUTHEAST CORNER OF SAID LOT; THENCE ALONG THE SOUTHERLY BOUNDARY LINE
NORTH 61 ° 43' 48" WEST 179.00 FEET; THENCE NORTH 53° 33' 40" WEST 32.70 FEET; THENCE LEAVING
SAID BOUNDARY LINE SOUTH 73° 38' 58" EAST 66.82 FEET; THENCE NORTH 82° 13' 17" EAST 14.61
FEET; THENCE NORTH 77° 45' 55" EAST 9.85 FEET; THENCE NORTH 42° 28' 37" EAST 9.77 FEET; THENCE
NORTH 01° 10' 59" EAST 15.06 FEET; THENCE NORTH 18° 00' 34" WEST 97.43 FEET; THENCE DUE
NORTH 28.84 FEET TO A POINT ON A NON-TANGENT 4910.00 FOOT RADIUS CURVE CONCAVE
SOUTHERLY, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY LINE OF SAID LOT, A RADIAL
LINE TO SAID POINT BEARS NORTH 01 ° 49' 36" EAST; THENCE ALONG SAID NORTHERLY BOUNDARY
LINE AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 12' 41 " A
DISTANCE OF 18.12 FEET TO A POINT OF COMPOUND CURVATURE OF A 949.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 02° 02' 17" EAST; THENCE
CONTINUING ALONG SAID BOUNDARY LINE AND EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 02° 05' 43" A DISTANCE OF 34.70 FEET TO THE POINT OF BEGINNING.
PARCEL 4:
A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND PEDESTRIAN AND
VEHICULAR ACCESS OVER AND THROUGH THAT PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 15
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, PURSUANT TO
"REVOCABLE LICENSE AGREEMENT" RECORDED NOVEMBER 14, 1986
AS INSTRUMENT NO. 1986-523844 OFFICIAL RECORDS, AS AMENDED BY "FIRST AMENDMENT TO
REVOCABLE LICENSE AGREEMENT" RECORDED NOVEMBER 20, 1987 AS INSTRUMENT NO. 1987-
651067 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED
TO LEUCADIA COUNTY WATER DISTRICT, RECORDED AUGUST 11, 1961
AS INSTRUMENT NO. 1961-138155 OFFICIAL RECORDS; THENCE ALONG THE SOUTH BOUNDARY LINE
AS DESCRIBED IN SAID DEED, NORTH 89° 25' 44" WEST (SOUTH 89° 50' WEST PER DEED) 75.08 FEET;
THENCE LEAVING SAID SOUTH BOUNDARY LINE NORTH 55° 00' 00" EAST 92.30 FEET TO A POINT ON
THE EAST BOUNDARY LINE AS DESCRIBED IN SAID DEED; THENCE ALONG SAID EAST BOUNDARY LINE
SOUTH 00° 34' 16" WEST (SOUTH 00° 09' 10" EAST PER DEED) 53.69 FEET TO THE POINT OF BEGINNING.
PARCEL 5:
CL TA Preliminary Report Form -Modified (11/17/06) Page4
PRELIMINARY REPORT
YOUR REFERENCE:
EXHIBIT A
(Continued)
Chicago Title Company
ORDER NO.: 00146092-993-SDZ-CFU
A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND PEDESTRIAN AND
VEHICULAR ACCESS OVER AND THROUGH THAT PORTION OF PARCEL 1, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED MAY 4, 1987 AS INSTRUMENT NO. 1987-242042 OFFICIAL RECORDS,
PURSUANT TO "GRANT OF EASEMENT" RECORDED NOVEMBER 20, 1987
AS INSTRUMENT NO. 1987-651062 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY BOUNDARY LINE OF SAID PARCEL 1
WITH THE NORTHERLY RIGHT OF WAY LINE OF LA COSTA AVENUE; THENCE ALONG SAID EASTERLY
BOUNDARY LINE NORTH 00° 34' 16" EAST 16.32 FEET TO THE NORTHERLY BOUNDARY LINE OF SAID
PARCEL 1; THENCE ALONG SAID NORTHERLY BOUNDARY LINE NORTH 89° 53' 59" WEST 85.00 FEET;
THENCE SOUTH 00° 06' 01" WEST 99.92 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF
LA COSTA AVENUE, ALSO BEING A POINT ON THE ARC OF A NON-TANGENT 458.00 FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 36° 59' 52" EAST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 56'
44" A DISTANCE OF 119.47 FEET TO THE POINT OF BEGINNING.
PARCEL 6:
AN EASEMENT FOR A GOLF CART UNDERCROSSING STRUCTURE BEING IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHEAST QUARTER
AND THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, PURSUANT TO
"UNDERGROUND ENCROACHMENT AGREEMENT" RECORDED NOVEMBER 6, 1987
AS INSTRUMENT NO. 1987-627015 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
A STRIP OF LAND BEING 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH
THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE NORTHEAST CORNER OF LOT 148 OF LA COSTA VALLEY UNIT NO. 4,
ACCORDING TO MAP NO. 5781 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, SAID POINT BEING ON THE ARC OF A 949.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A
RADIAL TO SAID POINT BEARS NORTH 40° 08' 00" EAST, SAID POINT ALSO BEING ON THE SOUTHERLY
RIGHT OF WAY LINE OF ALGA ROAD AS SHOWN ON SAID MAP; THENCE WESTERLY ALONG THE ARC
OF SAID CURVE AND SAID RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 02° 05' 43" A
DISTANCE OF 34.70 FEET TO A POINT OF COMPOUND CURVATURE OF A 4910.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 02° 02' 17" EAST; THENCE
WESTERLY ALONG THE ARC OF SAID 4,910.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF
00° 04' 33", A DISTANCE OF 6.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
SOUTHERLY RIGHT OF WAY LINE NORTH 02° 59' 38" WEST 102.85 FEET TO THE NORTHERLY RIGHT OF
WAY LINE OF SAID ALGA ROAD BEING A POINT ON THE ARC OF A 1,051.00 FOOT RADIUS CURVE
CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 01 ° 11' 04" WEST, SAID POINT
BEING THE POINT OF TERMINATION.
THE EASTERLY SIDELINE OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED TO BEGIN ON
SAID 949.00 FOOT RADIUS CURVE AND SHALL TERMINATE ON SAID NORTHERLY RIGHT OF WAY LINE.
THE WESTERLY SIDELINE SHALL BE LENGTHENED OR SHORTENED TO BEGIN ON SAID 4,910.00 FOOT
RADIUS CURVE AND SHALL TERMINATE ON SAID NORTHERLY RIGHT OF WAY LINE.
CL TA Preliminary Report Form -Modified (11/17/06) Page 5
CERTIFICATE OF ACKNOWLEDGMENT
The State of Texas
County of 1J d/AS
Before me, ~J 1 1-h'Jt; ~(Mhl (i;,, name and character of the
officer), ' "'-\"-"-" J
on this day personally appeared G. oiVJi/l , known to me ( or
proved to me on the oath of __________ or through --+f.,.c./) _____ _
( description of identity card or other document) to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same for the purposes
Page I of I
TRUE COPY CERTIFICATION
(Government Code 27361.7)
I certify under penalty of perjury that this material is a true copy of the
original material contained in this document.
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Rec.Form #R9.1 (Revised 11-15-10)