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2017-388341 DOC# 2017-0388341 111111 VIII VIII VIII IIII 111111 VIII Iilll 11111 lilll 11111 11111 1111 1111 Recording Requested By: Aug 24, 2017 03:29 PM OFFICIAL RECORDS City of Encinitas Ernest J Dronenburg, Jr., Development Services Department SAN DIEGO COUNTY RECORDER 505 S. Vulcan Avenue FEES: $30.00 Encinitas, CA 92024 PAGES 6 And When Recorded Mail To: City of Encinitas Development Services Department 505 S. Vulcan Avenue Encinitas, CA 92024 � n INDEMNIFICATION AGREEMENT �\�\\` This Indemnification Agreement (referred to herein as "Agreement") is entered into by and between the City of Encinitas (referred to herein as "City") and " Joseph J. Machado and Christine M. Machado, Co-Trustees of the J and C Machado Living Trust, a Revocable Inter Vivos Trust dated December 6, 1991, as Amended to Date, as to an undivided 22.86% interest ; Charlotte M. Machado Hassett, Trustee of the Charlotte M. Machado Trust dated May 25, 2004, as to an undivided 10.7% interest; Justin and Rob Machado 2009 Irrevocable Trust, as to an undivided 14.78% interest; Robert Edward Machado and James Justin Machado, Co-Trustees of the Justin and Rob Machado 2009 Irrevocable Trust, date of Trust, October 16, 2009, as to an undivided 12.36% interest; Alia Charlotte Machado Hassett, an unmarried woman, as to an undivided 13.1% interest; Jensen Oscar Machado Hassett, as unmarried woman, as to an undivided 13.1% interest and Baylee Marie Machado Hassett, an unmarried woman, as to an undivided 13.1% interest (referred to herein as "Project Applicant") to address the rights and responsibilities of City and the Project Applicant with respect to any lawsuit, action or other proceeding brought by any potential petitioners or plaintiffs (collectively referred to herein as "Action") regarding the City's approval of the Machado Map project as described in Notice of Decision No. DSD-2017-46 (referred to herein as "Project") for the real property located at 1485 Summit Avenue legally described in Attachment "A." The City and the Project Applicant are referred to herein collectively as the "Parties." 1. Lawsuits Covered by this Agreement. The Project Applicant shall defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorneys' fees incurred by or the award of attorneys' fees and costs against the City or its elected and appointed officials, agents, officers, or employees, arising out of or relating to the City's approval of the Project including any action to attack, set aside or vacate all or any part of the City's approval of the Project, including without limitation the City's determination that the project is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301(l)(4), 15315, and 15303(a). -1- 2. Consultation upon Filing of Lawsuit. If any Action is filed which names the City as a party based upon any approval related to the Project, the City will promptly notify the Project Applicant of any such Action. The City may elect to conduct its own defense, participate in its own defense, and/or obtain independent legal counsel in defense of any such Action. In the event of such election, the Project Applicant shall indemnify the City for the costs related thereto, including without limitation the City's reasonable attorney's fees and costs incurred in its use of independent legal counsel in the defense of any such Action, as provided in Section 4 (Project Applicant's Duty to Indemnify City for Defense Costs) below. 3. Cooperation in Defense of Lawsuit. If an Action is filed and the Parties obtain separate legal counsel, the Parties desire that counsel cooperate, along with the City Attorney, and provide a cost-effective defense of the approvals granted by the City, consistent with responsible representation of both Parties' interests. In the event of a disagreement between the City and the Project Applicant regarding any litigation strategy or other issues, each Party shall be free to represent its own interests, provided, the Parties shall continue to cooperate as far as practicable in defense of the City's approvals. Neither Party shall settle nor stipulate to judgment in any such Action without providing at least twenty days' written notice to the other, which notice shall detail all terms of the proposed settlement or stipulation. This twenty day notice requirement may be waived by either party in writing. In the event of any disagreement between the Parties as to the terms of any such settlement or stipulation, the Parties will meet and confer in person within ten days of the written notice to attempt to resolve any disputes between them, or to achieve terms of a settlement or stipulation that are acceptable to both. 4. Project Applicant's Duty to Indemnify City for Defense Costs. a. The City shall confirm that the rates City's counsel charges for matters reimbursable under this Agreement are substantially the same as the rates that counsel typically would charge the City for such work. b. Project Applicant shall reimburse the City for all costs and attorneys' fees incurred by the City in the defense of any Action within 30 days of final adjudication. -2- IN WITNESS WHEREOF, OWNER has executed this INDEMNITY AGREEMENT as of the day and year first above written. 71AE HERE t3Y AGZeG OWNER/APPLICANT TU 1 V\F- A&x :i- By: cuvL 'L V ac Date: 12 - 7 Charlotte Hassett,-tTC-stc� By: 2 "-� Date: J eph mes hadol-t�ry-steep By: Date: � -A, -� 7 mesJus Mach do/trru-Ecc- By: —��_` Date: b 7 Robert Edward Macha o,'t-rL�5-F«- By: P10A Date: S-16- 1-7 Alia Charlotte Machado C� la Hassett +�`Ma i.h By: Q xwe n POA Date: A- (n - f -7 � Y � J sen Oscar Machado Hassett (_4La&Q rlac(tacCo�{ ZCrtioa�o�ay �ac By: Jim A4�aa_` cj _�la�� �J�� !� CDH Date: /U - [7 Bayley Marie Machado Hassett C,NARWTT9- Axk'A" iAAsS r.Ti As ATrv42NQV Is (Notarization of signature must be attached) r IacT ixZ- t3h%Lt.fc Itl/�R�rZ µ/dc l+/.i� , I;ASSr,IY VNpP� Q�/s_ CITY City of Encinitas By: ug qhot vy Date In r De lop ent Services Director (Notarization not required) APPROVED AS TO FORM: By: Glenn Sabine, City Attorney Date -3- All-purpose Acknowledgment California only 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 On before me. -!'�XJ�'�PC�Pi� N 6TM� L,c_d%t (here insert name and title of the officer), personally appeared Sl.44c'-� who proved to me on the basis of satisfactory evidence to be the persons)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ S.NIBECKER her/their authorized ca acit (ies),and that b his/her/their signature(s)nature(s) COMM.1k2124850 p Y Y 9 a NOTARY PUBLIC CALIFORNN on the instrument the person(s),or the entity upon behalf of which the ` SAN DIEGO COUNTY person(s) acted,executed the instrument. CanmswExpow Sept.22,2019 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Seal WITNESS my hand /^ and official seal. Signaturi (✓ - Description of Attached Document Type or Title of Document Document Date _ L_�j( _ Number of Pages Signer(s)Other Than Named Above 1�l�/1Lv f�Q �p_���rl Jof ire=5'—!Nr�i9�c7 /�-itO�ou�, C/�oTk•�vy, And GLEN. Sqb,,,��- tmnnee[nmiee Stuesshoul4smnmi,iom, Menual Suhmisfion Aoule m Oepmil Opereliom ows�soca iAeeowA.is I'00 I-000 DSG5350CA-0 I All-purpose Acknowledgment California only 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 _.:::�Alll_�J_C On AQ 1V� 7 before me, A � 60"A/'z (here insert name and title of the officer), personally appeared Chk4v7[E MiQt444do,,,. �QStE`/ �/jd _ � �iM[ES 0�14� who proved to me on the basis of satisfactory evidence to be the personls)whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ S. NIBECKER her/their authorized capacity(ies),and that by his/her/their signature(s) r ecimraw COMM,#12124850 on the instrument the person(s),or the entity upon behalf of which the NOTARY PUBLIC •CALIFORNIA personis)acted,executed the instrument. SAN OFGOCOUHIY E xpim Sep1.22,2019 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Seal WITNESS my hand and official seal. Signature . Description of Attached Document Type or Title of Document ?��/� ..._ r Document Date _00_'jQ_-,?04 7_ ___._.__ Number of Pages 3 --_/' Signerlsi Other Than Narned Above j"E.,S.-....._ fF�ts2____H _IQg4'�_ yyeA_�� JA�yI'dD�,yd _Dpc,,�ChoffRevy3 AAd 4S LfNa_5,4&,VE saannu FnaLleE Smm:fioula smn lM1is form M—.1Su1min,on AOWe m D,p lOp—lion, //�� M53500 Re,0101151 M01—OV//��ODS155350CA-0 1 ATTACHMENT "A" Case No. 16-062 TPM/CDP 1485 Summit Avenue (APN 260-081-52) LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: ALL OF LOT 29 OF RIDGEWAY HEIGHTS, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2163 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 3, 1929, EXCEPTING THEREFROM THE NORTHWESTERLY 100 FEET. ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 17 OF SAID RIDGEWAY HEIGHTS, BEING ALSO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF SAID LOT 29: THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 29; SOUTH 66°48'00", WEST 11.30 FEET TO A POINT HEREIN DESIGNATED AS POINT "X"; THENCE RETRACING ALONG SAID SOUTHEASTERLY LINE NORTH 66 048'00" EAST, 11.30 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 17: THENCE ALONG THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 17, NORTH 23 012'00'W WEST, 70.00 FEET TO THE SOUTHEASTERLY LINE OF THE NORTHWESTERLY 100.00 FEET OF SAID LOT 29; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 660 48'00" EAST 2.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG A STRAIGHT LINE TO SAID POINT "X" ON THE SOUTHEASTERLY LINE OF SAID LOT 29. APN 260-081-52-00 -4-