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Home My WebLink AboutDEV 2017-0198; La Costa Greens Community Association; 2018-0016036; 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# 2018-0016036 1111111111111111111111111111111111111111111111111111111111111111111111 Jan 16, 2018 11 :44 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $101.00 (SB2 Atkins: $75.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-112-36-00 ------------U1\ PROJECT ID: DEV2017-0198 ~ PROJECT NAME: La Costa Greens HOA Alicante Road Slope Repair HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 507-4A) 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) La Costa Greens Community Association, a California nonprofit mutual benefit corporation, 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 1 \\FILESD1V\Departments\CED\LandDev\PROJECTS\DEVIDEV2017\DEV2017-0198 La Costa Greens HOA Al1cante Rd Slope Repair-Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 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 deJermines 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 r. 2 IIFILES01V\DepartmentslCEDILandDev\PROJECTSIDEV\DEV2017\DEV2017-019B La Costa Greens HOA Alicante Rd Slope Repair-Levy\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 1t1rN day of Decem'oe~ , 20 \ t APPROVED AS TO FORM: CELIA BREWER City Attorney By)QfJ_~ RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) La Costa Greens Community Association, a California nonprofit mutual benefit corporation By: Date: By: Date: Roco Nasirpour, Board President (print name and title) I 2-/rt l /4--rr -wh~ l,/ Eric Anava, Corporate Secretary (pri na,mo/ an~ _ti~~e) t'L /C7 -1u1 I (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 \\FILES01V\Departments\CED\LandDev\PROJECTS\DEV\DEV2017\DEV2017-0198 La Costa Greens HOA Al1cante Rd Slope Repair-Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 , ... .,,' ,- .I' . -,. . .,...., ..... EXHIBIT"A" LEGAL DESCRIPTION PARCEL 1: 6767 THAT PORTION OF LOT 34 OF CARLSBAD TRACT 99-03, LA COSTA GREENS, ACCORDING TO THE MAP THEREOF NO. 14543, IN THE CtTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN °THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12, 2003; LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT AN ANGLE POINT IN THE EASTERLY LINE OF SAID LOT 34, SAID POINT BEING THE NORTHEASTERLY TERMINUS OF THAT LINE SHOWN AND DESCRIBED ON SAID MAP NO. 14543 AS NORTH 70° 49' 45" EAST, 198.64 FEET: THENCE ALONG SAID EASTERLY LINE SOUTH 70° 50' 28' WEST 198.64 FEET (SOUTH 70° 49' 45• WEST-RECORD PER MAP NO. 14543) TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHWESTERLY PROLONGATION OF SAID LINE SOUTH 70° 50' 28' WEST, 28.06 FEET TO A POINT OF TERMINUS ON THE EASTERLY RIGHT OF WAY LINE OF ALICANTE ROAD AS SHOWN ON SAID MAP NO. 14543, SAID POINT ALSO BEING ON A 680.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 70° 47' 05" EAST. RESERVING THEREFROM, SUCH EASEMENTS DESCRIBED IN THE DECLARATION DESCRIBED BELOW AND THE MAP OF RECORD REFERENCED ABOVE, AND SUCH OTHER EASEMENTS AS MAY BE OF RECORD AS OF THE DATE HEREOF. FURTHER RESERVING THEREFROM, FOR THE BENEFIT OF THE GRANTOR AND GRANTEES AGENTS, CONTRACTORS, EMPLOYEES, LICENSEES, INVITEES AND SUCCESSORS AND ASSIGNS HEREOF, AN EASEMENT FOR INGRESS, EGRESS AND ACCESS IN, ON, OVER, THROUGH AND ACROSS ALL REAL PROPERTY CONVEYED IN THIS GRANT DEED ('PROPERTY·) TO PERMIT GRANTOR TO INST ALL IMPROVEMENTS ON SUCH PROPERTY AND TO PERMIT GRANTOR AND ANY MERCHANT BUILDER (AS DEFINED IN THE DECLARATION BELOW) TO MARKET, DEVELOP ANO CONVEY ALL OF THE LOTS SUBJECT TO THE DECLARATION. THE GRANTOR FURTHER RESERVES THE RIGHT TO PREVENT ACCESS OVER PORTIONS OF SUCH PROPERTY BY PLACING A CONSTRUCTION FENCE OR OTHER BARRIER OVER SUCH PROPERTY PRIOR TO COMPLETION OF CONSTRUCTION OF ALL OF THE IMPROVEMENTS WITHIN THE PROPERTY. THE PROPERTY IS CONVEYED AND ACCEPTED SUBJECT TO THAT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LA COSTA GREENS, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 2, 2004, AS INSTRUMENT NO. 2004-0512841, AND ANY AMENDMENTS THERETO NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED ("DECLARATION') ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE TO THIS GRANT DEED WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. La Costa Greens/Warmington As:iociatlon Grunt Deed -Ptiase 2 27817-13 / 2060455.1 EXHIBIT"A' 3 J 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 ' s(l<, D ':f§ () On _\~2."-i---1 \~C\'-+-'b~=t-__ Date before me. ) Gi\T"-\(rls\v~c\ r--\et~s1.;, Here Insert Name and Title oft e Officer per·sonally appeared 12,occ 'cla.swt'~u.< c,lr--,c\ t::..( lC ~S\Cl''\(A. Name(s) of Signer(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/hei-/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 cor-rect. WITNESS my hand and official seal. a L ... GITA KRISTINA NASSIRI I COMMISSION NO. 2161893 p NOTARY PUBLIC-CALIFORNIA ~ SAN DIEGO COUNTY ~ COMMISSION EXPIRES AUG 30, 202~-~ Place Notary Seal Above ---------------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:_-___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Twstee D Attorney in Fact D Guardian or Conservator D Other: ___ _ Signer Is Representing: ______ _ Signer's Name: D Corporate Officer -Title(s): D Partner -D Limited D General n Individual D Attorney in Fact D Trustee D Guardian or Conservator LJ Other: ------· -·----- Signer Is Representing: ___ _ 3:.>'•'#S''47'A~<..>"'-=<>"'=:<>"'=0"'~~~~~_,"§(.)@'5-<;;.Z;§-<)§?:;~'Q..,~'§Z.'§<.~~~0~~<;;~~~~-0g.)t'~t<~0~~g~gg:.~-~ \(>2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 I\FILES01VIDepartmentslCED\LandDevlPROJECTS\DEVIDEV2017\DEV2017-0198 La Costa Greens HOA Al1cante Rd Slope Repair-Levy\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13