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HomeMy WebLinkAboutSDP 2021-0029; Ionis Pharmaceuticals Inc; 2023-0189407; Hold Harmless Agreement/Release> .. RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD W HEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2023-0189407 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 Jul 19, 2023 01 :34 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $176.00 (SB2 Atkins: $150.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 209-120-23-00 ; 209-120-24-00 PROJECT ID: SOP 2021-0029 j l \ _ PROJECT NAME: lonis Pharmaceuticals Lots 21 ii~ and22 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 540-?A) 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) lonis Pharmaceuticals, Inc., a Delaware corporation, 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 1 Q ICED\Adm,n\B&AIPROJECTSISDP 2021-0029: ROV\'2022-0736; GR2022-0049 . lonis Lot 21 and 22 N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01125/13 - 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 Ill Ill Ill Ill 2 Q:ICED\Admin\B&AIPROJECTSISDP 2021-0029: ROW2022-0736; GR2022-0049 -lonis Lot 21 and 22 N.FIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01125113 - IN WITNESS WHEREOF, the undersigned has executed this instrument this 30th day of May, 2023. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: ,.. RON KEMP :::::::::::::=. \ Senior Assistant City Attorney City of Carlsbad OWNER(S) lonis Pharmaceuticals Inc., a Delaware corporation By e;~ (signhere) Elizabeth Hougen -Executive VP and CFO (print name and title) Date: May 30, 2023 (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·\CED\AdminlB&AIPROJECTS\SDP 2021-0029; ROW2022-0736; GR2022-0049-lon,s Lot 21 and 22_N.FIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOTS 21 AND 22 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, IN THE CITY OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16145, FILED IN THE OFFICE OF THE COUNlY RECORDER OF SAN DIEGO COUNlY, OCTOBER 13, 2016 AS DOCUMENT 2016-7000438 OF OFFICIAL RECORDS. APN: 209-120-23-00 (LOT 21) and 209-120-24-00 (LOT 22) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 oeoo=80:oo:e:oe101J000:o:w:oco o mo:0cooooBOooo:ooooo:ooo:000000ft -eooaoc0coo:o:ow o:9808t 1 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 L5A...,) DIEG 0 On NA:\.f ..30 1 2.02..3 before me, __,,u....1.,.._._..u:....a_____,."r-~=-..:..0..::..n.=::.:..,_+->-_....,_~~__,_,,......,""'°"C., Date personally appeared ~U ZABE J}-\ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personM whose name~ is/~ subscribed to the within instrument and acknowledged to me that K'e/she/t~y executed the same in t.ii's/her/~ir authorized capacity~. and that by b(s/her/t~r signature(.81 on the instrument the person(.81, or the entity upon behalf of which the personV,, acted, executed the instrument. 1°00000000000 1 VENITA J. VILLANUEVA : ... .. Net,ry ,ubllc • Ci1llfernl1 : I · Sin Diego County s: . C1mmisston I 231-4073 - " • My C1mm. Ex11ires D« 25, 2023 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc~r1ent . I ,fl Title or Type of Document: -+HOL-"-'-...t::>.J.-tt?i ...... C..Letl-......... \ ..a:;t ..... S;,..,5;;;,._,i..~----NT:..u...._-......... &t2-=-... LDo.a,f'~~ ... ,c_A=-...L--.... rA-=c.1..l w .......... e ... F .... Document Date: NB\.l -301 2Q2...,5 Number of Pages: __ '-1~-- Signer(s) Other Than Named Above: __ U(XI ___ F ___________________ _ Capacity(ies) Claimed by Signerrex Signer's Name: Eu~ 161;9') IB"Corporate Officer -Title(s): GJPr o::-6 D Partner -D Limited □ General D Individual D Trustee D Other: □ Attorney in Fact □ Guardian or Conservator Signer is Representing: _Tq\.J~~~\.:5--.......,.--- '.PHeeHA C.EUT)@\..S. ::C::....x! Sign ' Name: D Corpora □ Partner -□ D Individual o Trustee D Other: orney in Fact D Guar r Conservator Signer is Representing: _________ _ 8013 D D D D J00:880:UU:0:0:81 l080880080:0111J88880:8U lll)lf:!C( E E J D E ll@!OOt}J11aa D l800080:8:8:808011111llllt}J0a0 D □ J•O E j j D [l ©2018 National Notary Association