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HomeMy WebLinkAboutCDP 2021-0062; Homes by Juli LLC; 2026-0164407; 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# 2026-0164407 1111111111111111111111111111111111111111111111111111111111111111111111 Jun 09, 2026 09:59 AM OFFICIAL RECORDS JORDAI\J Z. MAr~KS, SAN DIEGO COUNTY f~ECORDER FEES: $0 00 (S82 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. : 207-250-23-00 -------------PROJECT ID: CDP 2021-0062 PROJECT NAME: 4874 Park Drive HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 546-6A) 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) Homes By Juli, 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 'ZR day of ~ C\_ff I 2o_b~ APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By: (~~ C. Dalton Sorich Assistant City Attorney City of Carlsbad HOMES BY JULI, LLC, a California limited liability company By: Juli Novotny-Manager (print name and title) Date: \ CALIFORNIA ALL PURPOSE ACKNOWLED_GMENT . 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 _S_an_D_i_eg_o _____ } On .2$1--14'1:lo-;1-,t, before me, _c::..Jo.:..:hn:...::;_--=D:......·---=-S_ch_u_e_nn_a_n_,_, __________ Notary Public, Date (here insert name and title of the officer) personally appeared ~(.\ No...,0-i•N.\/ I. . 1- who proved to me on the basis of satisfactory evidence to be the person(s{whose nam~ is/2/'e subscribed to the witliin instrument and acknowledged to-me that M /she/~ executed the same in hi'Qher/~ authorized capacity(i~), and that by ~/her/th.di-signatureM on the instrument the perso~), or the entity upon behalf of which the person(~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cahfomia that the J foregoir\g-paragrap~ is true and .correct. I WITNEss.:my hand and official seal. . . . Signature: _ _;:q"'--==11-'~"""~-~"----~----(Seal) __________ OPTIONAL ________ , __ Description of Attached Document ~D 1-f/JR/-,ll~ S p~,Ch6"f>/<(' Title or Type of Document: 6€"0t.Q(-,-t<.4L.-r-AllU~ Number of Pages: __ _ Document Da-te: _______ Other: _________________ _ -I EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of california, described as follows: Lot 109 of LAGUNA RIVIERA UNIT NO. 4, in the City of Carlsbad, County of San Diego, State of californla, according to Map Thereof No. 6529, filed In the Office of the Recorder of San Diego County on October 30, 1969, excepting therefrom all oil, gas and other hydrocarbons lying 500 feet below the surface of the land, but without the right of surface entry as set out in deed to Carlsbad Bay Properties, Ltd., a limited partnership, recorded June 10, 1968, as File No. 96383. APN: 207-250-23-00