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HomeMy WebLinkAboutCDP 2018-0038; Carlsbad 5170 LLC; 2021-0167106; Hold Harmless Agreement/ReleaseDOC# 2021-0167106 1101 II 111 I 11111111H 11111 I III 1111 II Mar 03, 2021 04:14 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SE2 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.: 210-063-01 PROJECT ID: CDP2018-0038 PROJECT NAME: Allanson-Selvidge Carlsbad Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 520-4A) 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), Carlsbad 5170, LLC, an Arizona 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 OACED1LandDeOPROJECTSICORCDP2018 \CDP2018-0038 Selvidge Carlsbad Residence - HorodyskikS & A \ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILUIREdoc 01125/13 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. /// 2 QACEDIandDev1PROJECTS1CDFACDP20161CDP2018-0038 Selvidge Carlsbad Residence - Horodyskill3 & A1HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 OWNER(S) Carlsbad 5170, LLC, an Arizona Limited Liability Company 6144.6 (sign here) By: IN WITNES& WHEREOF, the undersigned has executed this instrument this 4&,- , 200Z) Catherine Ann Canis, Manager (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KE Assistant City Attorney City of Carlsbad (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 QACEDILandDevIPROJECTSICDP1CDP2018 \CDP2018-0038 Selvidge Carlsbad Residence - Florodyskil8 & AlHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 42/ day of 1.ROBERTD.\ISfl COMM. #2242177 /- NOTARY PUBLIC-CALIFORNIA 0 SAN DIEGO COUNTY My Comm Expiret JO*: 11, 2022 IF.06.001, WITNESS my hand and OffiC seal. Sign •Sigrtefure. of Notary Public OPTIONAL Completing this information can deter afterdtion of the document or fraudulent reattachment of this form to an unintended document Description .of Attached Do9Lynent,/ Title or Type of DocumentV5b4,//4"4 .4"0-1,70."r Doci.uherit Date- / 2- -2-, 1-0 Sigrier(s) Other Than Named Above: Ai/7g Nu raDer of Pages: 3 Capacity(les) Claimed by Signer(s) Signer's Name: 0 Corporate Officer - Title(s): O Partner - 0 Limited 0 General p Individual o Attorney in Fact •Trustee o Guardian or Conservator _Whet: Signer is Representing: Signer's Narne- o Corporate Office!' Titles): O Partner - p Limite0 0 Genetal '0 Individual 0 Attorney in Fact o Trustee o Guardian or Conservator 0 Other: Signer is Repreteritirtg: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the ind ividual who sig ned the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document. On / - 7 - / -;1° before me bate Here of the fficer.444.4; State of California County of 57;-*/ ef 2 61 Hetelfitsett Name an C 1 A2 rid-Q-24,1,e A4 i personally appeared , Naine(s) of Signer(s) who prOved to me on the basis of satIsfactory evidence to be the person(s) Wiese nail-leis) islark subscribed to the Within.intrument and acknowledged to me that he/she/414y executed the same In IA/her/Weir authorlzeci capacity(ies), and that by higher/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Place NatarySeaPand/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State. of California that the foregoing' paragraph is true end correct. ©2019 NatiOnal Notary Association 4 QACED1LandDev1PROJECTS1CDP1CDP20181CDR20113-0038 Selvidge Carlsbad Residence - HorodysId0 &AlHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED 1N THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 50 OF TERRAMAR UNIT NO. I, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2696 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 6, 1950. AIN: 210-063-01-00