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Home My WebLink AboutCDP 15-17A; 6125 Paseo Del Norte LLC; 2016-0460010; 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# 2016-046001 0 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Sep 02, 2016 09:05AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSE~· . 'S PARCEL NO.: 211-040-25-00, ~ 211-040-26-00 PROJECTID: =C~D~P~:15~-:17~A:~========== PROJECT NAME: 6125 Paseo Del Norte ---------------------- HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 486-SA) 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) 6125 Paseo Del Norte, LLC, 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 1 Q ICED\LandDev\MASTERS\Agreements 2.0\Non-Secured Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 0:\CED\LandDev\MASTERS\Agreements 2.0\Non·Secured Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc01/25/13 IN WITNESS WHEREOF, \.\~ dayof -s'~ s APPROVED AS TO FORM: CELIA BREWER City Attorney Bye&fp~ Assistant City Attorney City of Carlsbad the undersigned 20 \ '.o '- OWNER(S) has executed this instrument this 6125 Paseo Del Norte, LLC, a California limited liability company By: Scott Leggett, Managing Member (print name and title) Date: :,ftt/;tp By: (sign here) (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.) 3 Q:ICED\LandDev\MASTERS\Agreements 2.0\Non-Secured Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 _$Q/) {)I e5 () On 7 r /[ -/{R before me, ) Lo!J.., ~A~ r t7u .. N OJ:~~ P!Ahu~ Date ..J Here Insert Name and Title of the Otlicer personally appeared --~S--~c.'---'o=---t-=-:\:.----L-"---€~~~~~eff"'-.L-.,__ _______ _ Nam't!(s~f Stgner(s) 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. LORI PARTITO 1 Commission No. 2116465 ~ NOTARY PUBLIC-CALIFORNfA ~ SAN DIEGO COUNTY My Comm E•!lll'es JUNE 3Q, 2019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ----------------------------oPTIONAL--------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date:~------~~---- Number of Pages: ____ Signer(s) Other Than Named Above: ____________ ~-------_ Capacity(ies) Claimed by Signer(s) Signer's Name: __ _ Signer's Name: 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other: __________________ _ Signer Is Representing: _________ _ Signer Is Representing: ______ _ @2014 National Notary Association· www.NationaiNotary.org ·1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q:ICED\LandDev\MASTERS\Agreements 2 0\Non-Secured Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc01/25/13 PRELIMINARY REPORT ,YOUR REFERENCE: Chicago Title Company ORDER NO.: 12205932-993-SD2 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: APN: 211-040-25 & 26 PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY 13, 2016 AS INSTRUMENT NO. 2016- 0015564 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL 5 AND A PORTION OF PARCEL 6, AS SHOWN ON PARCEL MAP NO. 6022 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 8, 1977, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 5; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCELS 5 AND 6 SOUTH 42°43'02" EAST 204.44 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 47°25'54" WEST 65.40 FEET; THENCE SOUTH 30°34'38" WEST 250.11 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY LINE OF SAID PARCEL 6; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCELS 5 AND 6, NORTH 30°44'26" WEST 284.03 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL 5; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 5 NORTH 47°40'33" EAST 246.02 FEET TO THE POINT OF BEGINNING. PARCEL B OF CERTIFICATE OF COMPLIANCE RECORDED JANUARY 13 2016 AS INSTRUMENT NO. 2016- 0014169 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL 6, AS SHOWN ON PARCEL MAP NO. 6022 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 8, 1977, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOW: COMENCING AT THE MOST NORTHERLY CORNER OF PARCEL 5 OF SAID PARCEL MAP NO. 6022; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCELS 5 AND 6 SOUTH 42°43'02" EAST 204.44 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 47°25'54" WEST 65.40 FEET; THENCE SOUTH 30°34'38" WEST 250.11 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY LINE OF SAID PARCEL 6; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 6, SOUTH 30°44'26" EAST 80.24 FEET; THENCE CONTINUING ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 6, SOUTH 28°13'4211 EAST 60.15 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 6; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 6, NORTH 47°20'31" EAST 336.66 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 6; THENCE ALONG SAID NORTHEASTERLY LINE OF SAID PARCEL 6 NORTH 42°43'02" WEST 208.80 FEET TO THE POINT OF BEGINNING. CLTA Preliminary Report Form-Modified ( 11/17/06) Page 3