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HomeMy WebLinkAboutCT 2018-0002; AVIARA LP; 2022-0475268; 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 DO C# 2022-0475268 111111111111 ll!11111111111\1111111111 111111111111111111111111111111111 Dec 21 , 2022 11 :53 AM 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.: 212-040-56-00 -----------\ '-) b. PROJECT ID: ---'C::....:T....::2:..::.0...;..;18'--0;;_;;0..::..c02=------ J PROJECT NAME: Aviara Apartments West HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 535-1A) 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, 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 to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which 1 Q:ICED\Admin\B&AIPROJECTSICT 2018-0002: GR2021-0050 -Aviara Apartments west_A.McLIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 2 Q:ICED\Admin\B&AIPROJECTS\CT 2018-0002: GR2021-0050 • Aviara Apartments West_AMcLIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ;:,O day of N D\Jc;,'"Jt.\.Bt:;'7L , 20 '2.--7- APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By wp~ Senior Assistant City Attorney City of Carlsbad OWNER(S) Aviara LP, a Delaware limited partnership By: By: Date: BY: Aviara Genpar, LLC, a Delaware limited liability company, Its General Partner By: R&V Investment Management Corporation, a California corporation, Its Manager (sign here) ....... Scott Dale, Its President (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.) 3 Q:ICED\Admin\B&A\PROJECTSICT 2018-0002; GR2021-0050 • Aviara Apartments West_A.McL\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the ident~y of 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 San Die 0 } on November 30th, 2022 before me, Lesli Palmer, Notary Public Date Here Insert Name and Title of the Officer Scott Dale personally appeared _____________________________ _ Name(/} of Slgnerf1' who proved to me on the basis of satisfactory evidence to be the person(-i whose name(¢ ls/ill"' subscribed to the within Instrument and acknowledged to me that he/~ executed the same In his/~ authorized capacity~). and that by hls/1-.'ttTetr slgnatur~ on the Instrument the person~. or the entity upon behalf of which the persont,!'l acted, executed the Instrument. 1············f ~ ' ,. LESLI PALMER : ~ Notary Public• California z i ;: San Diego County i $ Commission # 2309925 - •'" My Comm. Expires Oct 21, 2023 Place Notary Seo/ and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS m::; offl"al.~~ Signature -~~~~~---➔W!:-------­ Slgnature of Notary Pub/le OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ o Corporate Officer -Tltle(s): ______ _ Officer -Tltle(s): ______ _ o Partner -o Limited o General lted o General o Individual o Attorney In Fact o Attorney In Fact o Trustee o Guardian or Conservator o Trustee rdian or Conservator D Other: D Other: Signer Is Representing: _____ _ Signer Is Representing:-----~~-- ©2019 National Notary Association 4 O:ICED\Admin\B&AIPROJECTSICT 2018-0002; GR2021-0050 • Aviara Apanments West_A.McLIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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: LOT 3 OF CITY OF CARLSBAD TRACT NO. 2018-0002 AVIARA APARTMENTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 16521, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 9, 2022. APN: 212-040-56-00