HomeMy WebLinkAboutSDP 2019-0014; EF Faraday Carlsbad LLC; 2020-0554346; Hold Harmless Agreement/ReleaseDOC# 2020-0554346
1111111111111111111111111111111111111111111101111
Sep 21, 2020 11:24 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0,00)
PAGES: 5
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
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 209-121-01
PROJECT ID: SDP2019-0014
PROJECT NAME: Carlsbad Oaks Lot 2
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 523-9A) 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) EF Faraday
Carlsbad LLC, a California Limited Liability Company, as Record Owner, By: Meridian
Properties Real Estate Inc., a California Corporation, Manager, 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
1
CL\CED LandDev PROJECTS \SDP \SDP 19 \SDP2019-0014 Carlsbad Oaks North Lot 2- McLaughlin\ B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG
523-9A.doc 01/25/13
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.
///
2
Q: \ CED\ LandDev\ PROJECTS \SDP \ SDP 19\ SDP2019-0014 Carlsbad Oaks North Lot 2- McLaughlin \ B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG
523-9A.doc 01/25/13
By:
N KEMP
Assistant City Attorne
City of Carlsbad
IN WITNESS WHEREOF, the undersigned has executed this instrument this
or,<7 day of rULy , 20 Z6?
OWNER(S)
EF Faraday Carlsbad LLC, a California Limited
Liability Company, as Record Owner, By: Meridian
Properties Real Estate Inc., a California Corporation,
Manager
By:
Michael Kalscheur, President
(print name and title)
Date: 7—c9 LC'
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
(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 \LandDev \PROJECTS \SDP \SDP 19 \SDP2019-0014 Carlsbad Oaks North Lot 2 - McLaughlin \ B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG
523-9A.doc 01/25/13
CIVIL CODE § 1189 CALIFORNIA ACKNOWLEDGMENT
State of Callfor .,...
61
County of
On (9‘i 031_
'-"before me,
ate
personally appeared il(Le,k6 .€
,Not-akcRJoit (
He Insert
(
Are and Title of this Officer
set
Name(s) of Signer(s)
.-476DI V. 71%.4.-1 ' 4 COMM # 2212402 g
NOTARY PUBLIC IP CAUFORMA
SAN DIEGO COUNTY :4
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph Is true and correct.
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
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(t) Is/ate-subscribed
to the within Instrument and acknowledged to me that heisheAktey executed the same in his/b‘aAluglr
authorized capacIty(0, and that by his/Ix/Ai/dr signature((on the Instrument the person(s), or the entity
upon behalf of which the persoilp) acted, executed the instrument.
WITNESS my hand an official seal.
Place Notary Seal and/or Stamp Above
I akfill
Sig natural/VW' '1.'""'
Signature of Notary Public
02019 National Notary Association
4
a \CED \LandDev\ PROJECTS \SDP \SDP 19 \ SDP2019-0014 Carlsbad Oaks North Lot 2- McLaughlin \ B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG
523-9A.doc 01/25/13
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
DocumentDate: Number ofPages•
Signer(s) Other Than Named Above.
Capacity(les) Claimed by Signer(s)
Signer's Name:
o Corporate Officer — Title(s):
0 Partner — 0 Limited 0 General
o individual 0 Attorney in Fact
O Trustee 0 Guardian or Conservator
0 Other:
Signer is Representing:
Signer's Name:
o Corporate Officer — Title(s):
O Partner — 0 Limited 0 General
• individual 0 Attorney in Fact
o Trustee 0 Guardian or Conservator
o Other
Signer Is Representing:
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT 2 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE I, 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: 209-121-01-00