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Home My WebLink AboutSDP 15-23; SSG TH LLC; 2025-0305827; 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# 2025-0305827 111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII 1111 Oct 30, 2025 12:16 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. : 212-040-67-00; 212-040-69-00 PROJECT ID: SDP 15-23 -------------PROJECT NAME: North Coast Medical Plaza HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan DWG 496-18 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, I/{We) SSG TH, LLC., a California limited liability company, 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 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this 6df day of ~oa: ,20 ;;;s SSG TH, LLC., a California limited liability company, By: SSG Management, LLC., a Missouri limited liability company By: (sign here) ~ Tim Hoag -Delegated Manager (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.) APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By:_C-~~----"-""-~~----- C. Dalton Sorich Assistant City Attorney City of Carlsbad ACKNOWLEDGMENT 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 October 27, 2025 before me, AMBER DAN, NOTARY PUBLIC (insert name and title of the officer) personally appeared _T_im_H_o_a_g _______________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are • subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Signature oO'Hh~ (Seal) ········1 AMBER DAN 'lotary Public • California : San Otego County s,:: Commission II 2466836 - y Comm. Expires Oct 17, 2027 EXHIBIT "A" Legal Description The land referred to herein below is situated in the City of Carlsbad, County of San Diego, State of California and is described as follows: Parcel A: APN 212-040-67-00 and APN 212-040-69-00 Parcel 1 and 3 of parcel Map No. 19207, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of Sand Diego County, April 09, 2003 as Instrument No. 2003- 0402795 of official records.