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HomeMy WebLinkAboutCDP 2019-0005; Nextmed III Owner LLC; 2020-0554344; 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# 2020-0554344 111111111111 lllll 11111 1111111111 lllll 1111111111 11111111111111111111111 Sep 21, 2020 11 :24 AM 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.: 211 -040-18-00 ------------, c.... PROJECT ID: CDP2019-0005 PROJECT NAME: Carlsbad Corporate Plaza Parking Structure HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 524-1A) 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, 1/(We) Nextmed Ill Owner, LLC, a Delaware Limited Liability Company, 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 an y 1 Q ICEO\LandOevlPROJECTSICDPICDP2019\COP2019-0005 Carlsbad Corporate Plaza Parking SIructure • CarrolnB & AIHOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill Ill Ill /II Ill 2 Q:ICED\LandDevlPROJECTSICDPICDP20191CDP2019-0005 Carlsbad Corporate Plaza Parking Structure -Carrol@ & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 IN WITNESS WHEREOF, \] --\-'-' day of A:u ~ \J -5 -\' APPROVED AS TO FORM: CELIA BREWER City Attorney svJ~POf Assistant City Attorney City of Carlsbad the undersigned ,20 W. OWNER(S) has executed this instrument this Nextmed Ill Owner, LLC, a Delaware Limited Liability Company By: Nextmed Ill, LLC, a California Limited Liability Company, its Managing Member By: (sign her Scott Leggett, Manager, Nextmed Ill, LLC (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:ICEOILandDevlPROJECTSICDPICDP20191CDP2019-0005 Carlsbad Corporate Plaza Parking Structure· CarrolllB & AIHOLD 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 identtty 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 5a,1 D1e-t 6 On 0'3/1z/'?A'l/O , beforeme.b.M w,·J kV7 I /\};;i;.rt Pi1hl/~ f Date )ill (_ ~ Insert Name and Title ofbie Officer personally appeared ( Q::r:z__ ~e-tr_ / ame(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/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. ········~ EVAN WILSON Notary Public • California 2 Sin Diego County il: Commission# 2323428 - y Comm. Expires Mar 28, 2024 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that th regolng paragraph Is true and correct. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached D~<f'¥"t . I '11r" /('JJ A .J-- Tltle or Type of Docum,nt: :r-toLO n_ , . ui UMc:-I DocumentDate: ot i>7 /'l-Ov0 J NumberofPages:_'f=,--- Slgner(s) Other Than Ja:;J Above: _______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Individual □ Attorney In Fact o Trustee o Guardian or Conservator D Other: Signer Is Representing: ________ _ ©2019 National Notary Association 4 Signer's Name: o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Individual o Attorney In Fact o Trustee o Guardian or Conservator D Other: Signer Is Representing: _________ _ Q.ICED\LandDev\PROJECTSICDPICDP2019\CDP2019-0005 Carlsbad Corporate Plaza Parking Structure -Carroll\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 For APN/Parcel ID(s): 211-040-18-00 EXHIBIT "A" Legal Description Parcel 3 of Parcel Map No. 3415, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 21 , 1975 as file no. 75-014212 of Official Records.