HomeMy WebLinkAboutCT 03-02; Grand Pacific Carlsbad LP; 2023-0055868; 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# 2023-0055868
1111111 ~Ill 11111111111111111111 11111111111111111111111111111111111111
Mar 06, 2023 09:24 AM
OFFICIAL RECORDS
JORDAN Z. MARKS
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins: $0.00)
PAGES: 8
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 211 -131-1 3-00 ------------,_ PROJECT ID: CT 03-02 10½b PROJECT NAME: -M-a-rb:....:r-is;;_a-'----v-i-lla_6_7 ____ _
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 428-9K) 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) Grand Pacific
Carlsbad, L.P., a California 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
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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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IN WITNESS WHEREOF, the undersigned has executed this instrument this
~
day of r:EUUMZ:¥ , 201:2_.
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By:
Senior Assistant City Attorney
City of Carlsbad
OWNER(S)
Grand Pacific Carlsbad, L.P., a California limited
partnership
By ~~-
Date:
By:
Date:
n Ii ~
Timothy J. Stripe -Co-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.)
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Acknowledgement
A notary public or other officer completing this certificate verifies only the identity 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 Diego
On February 15, 2023, before me, Diane Marie Proulx, Notary Public, personally appeared Timothy
J. Stripe, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/Me subscribed to the within instrument and acknowledged to me that he/sbc/they executed the
same in his/bcr/tbeir authorized capacity~, and that by his/her/their signatur~ on the
instrument the personf.17, or the entity upon behalf of which the personf.17 acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
=~~seITT.
Signature ___ ?:;I-)~----~---+-----------(Seal)
EXHIBIT A
PARCEL C: (APN: 211-131-13)
PARCEL C OF CERTIFICATE OF COMPLIANCE RECORDED APRIL 25, 2018 AS INSTRUMENT
NO. 20 12-0241012,
BEING PORTIONS OF LOTS 7, 8 AND 14 AS SHOWN ON MAP NO. 15332, FILED IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED MAY 3, 2006 AS
INSTRUMENT NO. 2006-03 11 804 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST EASTERLY CORN ER COMMON TO LOTS 5 AND 14, AS
SHOWN ON SAID MAP NO. 15332; THENCE SOUTH 23°22'05" EAST A DlSTANCE OF 76.67
FEET; THENCE SOUTH 66°37'55" WEST A DISTANCE OF 15.76 FEET; THENCE SOUTH
63°45'06" WEST A DISTANCE OF 53.68 FEET TO THE TRUE POINT OF BEGINNING, SAID
POINT BEING ON A NON-TANGENT, 479.50 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 58°48'08" EAST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
07°13'09", AN ARC LENGTH OF 60.42 FEET; THENCE SOUTH 23°58'43" EAST A DlSTANCE OF
25.93 FEET TO THE BEGINNING OF A 345.50 FOOT RADlUS CURVE, CONCA VE
NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 15°44'47", AN ARC LENGTH OF 94.95 FEET; THENCE NON-
TANGENT TO SAID CURVE SOUTH 49°0 l '52" WEST A DISTANCE OF 18.00 FEET TO A POINT
ON A NON-TANGENT 363.50 FOOT RADIUS CURVE, CONCA VE NORTHEASTERLY, A
RADIAL TO SAID POINT BEARS SOUTH 50°12'48" WEST; THENCE SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°39'49", AN ARC LENGTH OF
86.69 FEET; THENCE SOUTH 53°27'0 I" EAST A DISTANCE OF 40.44 FEET TO THE BEGINNING
OF A 321.50 FOOT RADIUS CURVE, CONCA VE SOUTHWESTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SArD CURVE THROUGH A CENTRAL ANGLE OF
28°33'05", AN ARC LENGTH OF 160.21 FEET; THENCE SOUTH 24°53'56" EAST A DISTANCE OF
14.96 FEET TO THE BEGINNING OF A 111 .50 FOOT RADIUS CURVE, CONCA VE WESTERLY;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
23°39'3 I", AN ARC LENGTH OF 46.04 FEET; THENCE NON-TANGENT TO SAID CURVE
NORTH 84°54'10" EAST A DISTANCE OF 18.04 FEET TO A POINT ON A NON-TANGENT 129.50
FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL TO SAID POINT BEARS NORTH
88°13'23" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 17°43' 19", AN ARC LENGTH OF 40.06 FEET; THENCE NON-TANGENT
TO SAID CURVE NORTH 70°44'06" WEST A DISTANCE OF 18.04 FEET TO A POINT ON A NON-
TANGENT 111.50 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO SAID
POINT BEARS SOUTH 74°35'3 1" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 10°04'22", AN ARC LENGTH OF 19.60 FEET;
THENCE SOUTH 25 °28'51" WEST A DISTANCE OF 135.59 FEET; THENCE SOUTH 64°31 '09"
EAST A DISTANCE OF 18.00 FEET; THENCE SOUTH 25°28'5 I" WEST A DISTANCE OF 25.51
CLTA Preliminary Report Form -Modified (11-17-06) Page 5
FEET TO THE BEGINNING OF A 114.50 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 23°31'1 3", AN ARC LENGTH OF 47.00 FEET; THENCE NON-
TANGENTTO SAID CURVE NORTH 37°14'35" WEST A DISTANCE OF 18.05 FEET TO A POINT
ON A NON-TANGENT 96.50 FOOT RADIUS CURVE, CONCA VE NORTHERLY, A RADIAL TO
SAID POINT BEARS SOUTH 41°42'02" EAST; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 58°35'16", AN ARC LENGTH OF 98.68 FEET;
THENCE NON-TANGENT TO SAID CURVE SOUTH 12°25'47" WEST A DISTANCE OF 18.05
FEET TO A POINT ON A NON-TANGENT 114.50 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 16° 11 '07'' WEST; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
15°33'44", AN ARC LENGTH OF 31.10 FEET; TH.ENCE NORTH 58° 15'09" WEST A DISTANCE OF
28.66 FEET; THENCE NORTH 3 1 °44'5 I" EAST A DISTANCE OF 18.00 FEET; THENCE NORTH
58°15'09" WEST A DISTANCE OF 40.50 FEET; THENCE SOUTH 31 °44'51 " WEST A DISTANCE
OF 18.00 FEET; THENCE NORTH 58°15'09" WEST A DISTANCE OF 47.40 FEET; THENCE
NORTH 32°43'57" EAST A DISTANCE OF 18.03 FEET TO A POINT ON A NON-TANGENT 170.50
FOOT RADIUS CURVE, CONCA VE NORTHEASTERLY A RADIAL TO SA1D POINT BEARS
SOUTH 30°42'57" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
TH.ROUGH A CENTRAL ANGLE OF 25°33'15", AN ARC LENGTH OF 76.04 FEET; THENCE NON-
TANGENT TO SAID CURVE SOUTH 47°09'27" WEST A DISTANCE OF 10.89 FEET; THENCE
SOUTH 53°49'4 1" WEST A DISTANCE OF 7.25 FEET TO A POINT ON ANON-TAN GENT 188.50
FOOT RADIUS CURVE, CONCA VE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS
SOUTH 55°39'07" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 16°15'48", AN ARC LENGTH OF 53.5 1 FEET; THENCE NON-
TANGENTTO SAID CURVE NORTH 74°11 '44" EAST A DISTANCE OF 19.52 FEET TO A POINT
ON A NON-TANGENT 169.00 FOOT RADIUS CURVE, CONCAVE EASTERLY A RADIAL TO
SAID POINT BEARS SOUTH 71 °39'07" WEST; THENCE NORTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 10°09'05", AN ARC LENGTH OF 29.94 FEET;
TH.ENCE NORTH 81°48'12" EAST A DISTANCE OF 44.47 FEET; THENCE SOUTH 42°50'33" EAST
A DISTANCE OF 182.64 FEET; THENCE NORTH 79°52'53" EAST A DISTANCE OF 138.90 FEET;
THENCE NORTH 25°28'5 1" EAST A DISTANCE OF 105.50 FEET; THENCE NORTH 25°13'58"
WEST A DISTANCE OF 162.00 FEET; THENCE NORTH 49°37'07" WEST A DISTANCE OF 66.86
FEET; THENCE NORTH 43°55'01" WEST A DISTANCE OF 23.09 FEET; THENCE NORTH
46°58'44" WEST A DISTANCE OF 2 1.48 FEET; THENCE NORTH 55°4 1 '29" WEST A DISTANCE
OF 31.04 FEET; THENCE NORTH 49°37'07" WEST A DISTANCE OF 92.65 FEET; THENCE
SOUTH 16°50'29" WEST A DISTANCE OF 142.21 FEET; THENCE NORTH 82°43'35" WEST A
DISTANCE OF 47.25 FEET; THENCE NORTH 07°16'25" EAST A DISTANCE OF 13.67 FEET;
THENCE NORTH 82°43'35" WEST A DISTANCE OF 19.50 FEET; THENCE NORTH 07°16'25"
EAST A DISTANCE OF 60.36 FEET; THENCE SOUTH 82°43'35" EAST A DISTANCE OF 18.00
FEET; THENCE NORTH 07° 16'25" EAST A DISTANCE OF I 05.60 FEET TO THE BEGINNING OF
A 2 10.50 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25°08'45", AN ARC LENGTH OF
92.38 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 59°37'20" WEST A DISTANCE
OF 18.0 I FEET TO A POINT ON A NON-TANGENT 228.50 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 57°44'29" WEST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
l 8°10'58", AN ARC LENGTH OF 72.51 FEET TO THE BEGINNING OF A 7.50 FOOT RADIUS
COMPOUND CURVE, CONCA VE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH
39°33'3 I" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 98°21 '39", AN ARC LENGTH OF 12.88 FEET TO THE TRUE POINT OF
BEGrNNING.