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HomeMy WebLinkAboutSDP 2023-0025; Chosen Wise Properties LLC; 2026-0134699; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 12oo·carlsbad VIiiage Dr. Carlsbad, CA. 92008 Recorded for the benefit of a government agency DOC# 2026-0134699 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII May 11, 2026 03:57 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. : 203-202-13-00 ------------0\ PROJECT ID: SOP 2023-0025 . Jt._;J PROJECT NAME: -G-ra_n_d_H_o-pe_M_e_d-lc-al_O_ff_i_ce __ _ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan {DWG 553-1A) for development to occur on property more particularly described as (see attached, Exhibit "N'), and other good and valuable consideration, receipt of which is hereby acknowledged, 1/(We) Chosen Wise Properties 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 _4,_IJ __ day of APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By: (.' D~SL C. Da furn Sorich Assistant City Attorney City of Carlsbad Date: ----'5,-+-,YJ_,_6"--'-/----=UJ-'-----Z.._G __ CHOSEN WISE PROPERTIES LLC, a California limited liability company By: (sign here) William Cho -Manager (print name and title) Date: 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 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Countyof ja_,,n) D,1'41 0 On __,______.{1--F----o ~tl---'-l _o'---""O-l-=-, J..-'-"---'M."-'----~-before me,:Exl v.»affa ft aJhtrifl (!fl, tJo1atll~,b{, {,_ r (here insert name and title of the officer) 1 personally appeared ______ ______..U-,.;,,,_)-1-j -' /___,t,_,!/.=/()_.__-=c}t-"I _o __________ _ --------'-..-- who proved to me on the basis of satisfactory evidence to be the person~whose name(iJ~are subscribed to the within instrument and acknowledged to me that~she/they executed the same in @ her/their authorized capacity(~, and that by@.her/their signature.W"on the instrument the personw; or the entity upon behalf of which the person '8)'acted, executed the instrument. 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 seal. Signature clpa,, k4 /J ; 6f}/;iJMi4 (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ------------------ co ntai ning ___ pages, and dated ___________ _ The signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-Fact D Corporate Officer(s) ____________________ _ D Guardian/Conservator D Partner -Limited/General D Trustee(s) Title(s) D Other: ______________________ _ representing:------~----------------Name(sl of Person(s) or Entlty(ies) Signer Is Representing Additional Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: L o form(s) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page II Entry # Notary contact: ___________ _ Other D Additional Signer(s) D Signer(s) Thumbprint(s) □ ---------------- © Copyright 2007-2014 Notary Rotary, Inc. PO Box 41400. Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 26 OF SCHELL AND SITES ADDITION TO CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 20, 1929. APN: 203-202-13-00