HomeMy WebLinkAboutCT 2023-0005; Toll West Coast LLC; 2026-0017741; 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# 2026-0000644
11111111111111111111111111111111 IIIII 1111111111111111111111111 IIII IIII
Jan 02, 2026 12:27 PM
OFFICIAL RECORDS
JORDAN z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER1S USE
ASSESSOR'S PARCEL NO. : 204-240-22-00 -------------PROJECT ID: CT 2023-0005
PROJECT NAME: Juniper Coast Homes
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 551-3) 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 Toll West Coast LLC, a Delaware 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
QlUVY) bey-, 20 26.
APPROVED AS TO FORM:
CINDIE K. MCMAHON
City Attorney
By: C-~
C. Dalton Sorich
Assistant City Attorney
City of Carlsbad
TOLL WEST COAST LLC, a Delaware limited liability
company
By: TOLL BROS., INC., a Pennsylvania
corporation
Its Sole Member
By:
~hi sign
Peter Kim -Vice President
(print name and title)
Date: , .
day of
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 Orange
on December 2, 2025 before me, Carmen Palacios De Nova, Notary Public
(insert name and title of the officer)
personally appeared _P_e_t_e_r _K_im ______________________ _
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/ai:e
subscribed to the within instrument and acknowledged to me that he/she#Aey executed the same in
his/11ef4tieir authorized capacity(~, and that by his/hefltl9eir signaturees-) on the instrument the
person('s}, or the entity upon behalf of which the personfs) 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.
(Seal)
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CARMEN PALACIOS OE NOVA
Notary Public • California :
Orange County !
Commission I/ 2512510
y Comm. Expires Mar 16, 2029
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 2 IN BLOCK "Q" OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, AS PER MAP THEREOF NO. 1803 FILE DIN THE OFFICE OF THE COUNTY RECORDER
OF SAID SAN DIEGO COUNTY ON AUGUST 25, 1924.
APN 204-240-22-00