2017-388341 DOC# 2017-0388341
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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).
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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.
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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)
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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
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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
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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
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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
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