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Home My WebLink AboutAMEND 2019-0004; Palomar & Co; 2023-0248388; Hold Harmless Agreement/Release~~ RECORDING 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# 2023-0248388 11111111111111111111111111 11111111111111111111111111 11111 1111111111111 Sep 13, 2023 10:53 AM OFFICIAL RECORDS JORDAN Z. MARKS, 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.: 210-170-08-00, 210-170-09-00, 210-170-23-00 PROJECT ID: AMEND2019-0004 ~½\,_ PROJECT NAME: _C_h_ic_k_-F_il_-A ______ _ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 538-3A) for development to occur on the property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, I William M. Grosse, Trustee of The Russell W. and Mary E. Grosse Family Trust, Managing General Partner of Palomar & Co. 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 O:\CED\Adm1n\B&AIPROJECTSIAMEND2019.Q004: ROW2022.0401: GR2022.0026 • Ch,ck-F1I-A N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 - 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 I II Ill 2 Q:\CED\Admin\B&AIPROJECTSIAMEND2019·0004; ROW2022•0401: GR2022-0026 -Ch,ck-F1I-A N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 - IN WITNESS WHEREOF, the undersigned has executed this instrument this 3r~ay of , Au ~u..2>t , 201..-3. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney ByJQQJ~ ~RON KEM~ Senior Ass;s~torney City of Carlsbad OWNER(S) Palomar & Co, /~~ By: -(sign here) William M. Grosse, Trustee of The Russell W. and Mary E. Grosse Family Trust, Managing General Partner of Palomar & Co. (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 O:\CED\Adm,n\B&AIPROJECTS\AMEND2019-0004: ROW2022-0401; GR2022-0026 -Ch1Ck-F1I-A N.AHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 - EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: PARCELS 1 AND 2 OF PARCEL MAP NO. 13955, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 16, 1985. PARCEL B: NON-EXCLUSIVE EASEMENTS OVER THE COMMON AREA FOR INGRESS AND EGRESS, PASSAGE AND PARKING OF VEHICLES, PASSAGE AND ACCOMMODATION OF PEDESTRIANS AND INCIDENTAL PURPOSES AS REFERENCED WITHIN DOCUMENT ENTITLED "GRANT OF EASEMENTS AND DECLARATION OF COVENANTS AND RESTRICTIONS", DATED DECEMBER 28, 1984 AND RECORDED APRIL 25, 1985 AS INSTRUMENT NO. 1985-142950 OF OFFICIAL RECORDS. PARCEL C: NON EXCLUSIVE RECIPROCAL EASEMENTS FOR PARKING, INGRESS AND EGRESS, UTILITY LINES, PEDESTRIAN TRAFFIC AND INCIDENTAL PURPOSES AS REFERENCED IN DOCUMENT ENTITLED "AGREEMENT IN RE: GRANT OF RECIPROCAL EASEMENTS AND DECLARATION OF COVENANTS AND RESTRICTIONS DATED NOVEMBER 12, 1992 AND RECORDED DECEMBER 4, 1992 AS INSTRUMENT NO. 199:2-Q7~j._617 OF OFFICIAL RECORDS. PARCEL D: PARCEL D OF PARCEL MAP 16972, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORD OF SAN DIEGO COUNTY ON OCTOBER 7, 1992 AS FILE NO. 92-639420 OF OFFICIAL RECORDS. APN: 210-170-08-00 (Affects Parcel 1 of Parcel A), APN 210-170-09-00 (Affects Parcel 2 of Parcel A) and 210-170-23-00 (Affects Parcel D) CALIFORNIA ACKNOWLEDGMENT -CIVIL CODE § 1189 -A notary public or other officer completing this certificate verifies only the ldentttyof the individual who signed the document to which t111s certdicate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of ?£LV\ ]) \ ee◊ On ~VhtC '"': iuz, before me. L<oNl 111 L. NelSQI) t ~oku:v 1],, b L·c;: Date l ...,, -~;::;;,, 1 lnsert Name and Title of the 0~ personally appeared y..) · U-ttl.{,( __µ_ 6 vC~t' Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/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. ooeoeooeoee~ ~ MEGAN L. NELSON " ~ Notary Publtc • Callfornla I •• San DietO County Commission I 2353517 - My Comm. Expires Apr 28, 2025 Place Nocary Seal and/or Scamp Al>ove I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official senl. Signature OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: __ Document O;ite: Number of Pages: Slgner(s) Other Than Named Above: ________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ____ _ Signer's Name: __ _ o Corporate Officer -Tltle(s): __ _ o Corporate Officer -Tltle(s): o Partner -o Limited o General o Partner -o Limited o General o Individual o Attorney In Fact □ Individual □ Attorney In Fact o Trustee o Guardian or Conservator □ Trustee □ GuMdian or Conservator o Other: o Other: Signer Is Representing: Signer is Representing: .;2019 National Notary Association 4 Q:\CED\Adm1n\B&AIPROJECTSIAMEND2019-0004: ROW2022-0401; GR2022-0026 • Ch1Ck-F1I-A N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 -