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HomeMy WebLinkAboutPD 2019-0009; Chief Mountain Holdings LLC; 2020-0169871; Hold Harmless Agreement/Release)( Sf' RECORDING 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# 2020-0169871 111111111111 fllll l/1111111111111 lllll lllll lllll 11111111111111111111111 Apr 02, 2020 01 :38 PM OFFICIAL RECORDS Ernest J Dronen burg 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.: 215-460-05-00 ------------PROJECT ID: PD2019-0009 ------------PROJECT NAME: 2700 Argonauta Residence ---~-------- HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 517-6A) 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) Chief Mountain Holdings, 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 1 Q:ICED\LandDev\PROJECTS\PDIPD 2019\PD2019-0009 2700 Argonauta Residence -Chua\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q.ICEDILandDev\PROJECTSIPDIPD 2019\PD2019-0009 2700 Argonauta Residence -Chua\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 2 "'I day of __ ~ ...... tC ...... h ____ , 20 2. ~ APPROVED AS TO FORM: CELIA BREWER City Attorney Assistant City Attorney City of Carlsbad OWNER(S) Chief Mountain Holdings, LLC A California Limited Liability Company (sign here) William Webster, Managing Member (print name and title) Date: 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 \CED\LandDevlPROJECTS\PDIPD 2019\PD2019-0009 2700 Argonauta Residence -Chua\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 728 OF LA COSTA MEADOWS UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7367, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 19, 1972. APN: 215-460-05-00 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. : c;:LMA-)A ~ Z>Uc) hl 071i2'{ Tu 0 Ul, Herev\0.lnsert NWje and~tle of the Officer 1 ' D I. It L,{,, ~ personally appeared _________ __,V\J'-'----->------'----'--'-!:.{L-ll'-.c.._.c.._ _ _._ _____ _ 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/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify un~ OF PERJURY under the laws of the Sta1' -~f-C~lif~-;;,i~ that the foregoing paragraph is true and ~rect. WITNES; my~~ ptticial sln '-----. Si/ture ~ SlgnaW,e of Nota,y Pub/, ----------------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: ____________ _ Capaclty(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney In Fact □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q ICEDILandDev\PROJECTS\PDIPD 2019\PD2019-0009 2700 Argonauta Residence -Chua\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13