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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 1 Q:\CED\Admin\B&AIPROJECTS\CT 03-02; GR2022-0032 -Carlsbad Ranch Planning Area 5-VVickman_D.R\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:ICEDIAdminlB&AIPROJECTSICT 03-02; GR2022-0032 -Carlsbad Ranch Planning Area 5-Wlckman_D.RIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 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.) 3 Q:ICED\Admin\B&AIPROJECTS\CT 03-02; GR2022-0032 -Carlsbad Ranch Planning Area 5-\Mckman_D.R\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 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.