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Home My WebLink AboutSDP 16-03; Dames Rocket 1031 LLC; 2017-0457202; Hold Harmless Agreement/Release/;) G ', j 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# 2017-0457202 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Oct 04, 2017 09:53 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $27 00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE R'S PARCEL NO.: 209-120-06-00 PROJECT ID: SOP 16-03 ---'-----------PROJECT NAME: Carlsbad Oaks Lot 7 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 494-2A) 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, I/(We) Dame's Rocket 1031, 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 shail 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 \\FILES01V\Departments\CED\Land0ev\PRDJECTS\SDP\SDP 16\SDP 16-03 Carlsbad Oaks North Lot 7 -Geldert\Bonds and Agreement\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 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. I I I I I I Ill I I I Ill Ill Ill Ill Ill Ill Ill Ill I I I Ill Ill Ill II I Ill Ill Ill Ill Ill 2 IIFILES01\/\Dcpartrnenls\CEDILandDevlPROJECTSISDPISDP 16\SDP 16-03 Carlsbad Oaks North Loi 7 -Geldert\Bonds and Agreemenl\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 IN WITNESS WHEREOF, 3; day of ,17 APPROVED AS TO FORM: CELIA BREWER City Attorney By: j)v~ RON KEMP Assistant City Attorney City of Carlsbad the undersigned has executed this instrument this , 20!'?. OWNER(S) Dame's Rocket 1031, LLC, a California limited liability company By: National Safe Harbor Exchanges, a Calitorn·1a corporation, I ~smber By: . (sign here) James G. Beck, Vice President (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 IIFILES01V\Departmanls\CED\LandDev\PROJECTSISDPISDP 16\SDP 16-03 Carlsbad Oaks North Loi 7 · Geldert\Bonds and Agreemenl\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 Order No .. 00074173-005-MDD-CFU EXHIBIT A LEGAL DESCRIPTION Policy No.: CA-FBSC-IMP-72013-1-17-00074173 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: LOT 7 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14926, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 15, 2004. APN 209-120-06 72013 CL TA Interim Binder Form A (Rev. 2-19-81) !Binder (OSI Rev. 8/3/16) Printed: 8/3/2016 10:54 AM by SSK Page 3 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 cmtromia t\.,\ i SSt 'U t< I Countyof St.[{')\/IS ) On 6 / 3 i / I 7-before me, ______ . ___ &Li l ( > l e_ ~C_h.&' +:lJLflJ/2 y' ·-r , .· . ·u Here Insert Name and Title of the Office'r Pt.,131 L{ Date personally appeared .__J t'-YVleS Df;>C I< --------~ --- Name(sJ of Signer{s) who proved to me on the basis of satisfactory evidence to bo the person(s) whose name(s) is/are subscr·ibed to the witl,in instrument and acknowledged to me that he/she/they executed the same in his/her/their autl,orized 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. NICOLE D BERNDT Notary Public, Notary Seal State of Missouri St. Louis County Commission H 15986555 My comrniss1on Exp1r~s Moren 29. 2019 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of 61!!lits!+lla that the foregoing paragraph is tr·ue and correct. fv\C WITNESS my hand and official seal. Signature UdevJz f) &~~ Signature of Notary Public ----------------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 -0 Limited D General D Individual D Trustee CJ Other: ______ __ [.l Attorney in Fact D Guardian or Conservator Signer Is Representing: ________ _ Signer's Name: __ _ D Corporate Officer· -Title(s): ___________ _ D Partner -D Limited Cl General [] Individual L7 Attorney in Fact D Trustee D Guardian or Conservator 1:1 Other: Signer Is Representing: ___ _ ~%Z:/.=<S"coc<5~<.;.'9'.S'{;~~~'§¼"§<.,tgz,ggg~~'§:Z:v;z.:~~~ .. S<,'g".,-"§Z.--g.,-9;.,.. (02014 National Notary Association• www.Nat1onalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departmenls\CED\LandDev\PROJECTS\SDP\SDP 16\SDP 16-03 Carlsbad Oaks North Loi 7 -Gerdert\Bonds and Agreemenl\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13