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HomeMy WebLinkAboutCDP 2020-0001; Vagha Development LLC; 2021-0327775; Hold Harmless Agreement/ReleaseSPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: 210-115-08 CDP 2020-0001 Patel Residence DOC# 2021-0327775 1111111111111111111111111111111111111111111111111111111 Apr 28, 2021 03:20 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: PAGES: 5 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 526-6A) 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), Vagha Development, 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 Engineer Manager. The owners agree to repair any damage to public improvements caused by any geological failure referred to in this 1 0: \CED1LandDeknPROJECTS \CDP1COP2020 \CDP2020-0001 Patel Residence - Rickt.B 8- A \ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILLIRE.dcc 01/25/13 agreement to the satisfaction of the Engineer Manager. The owners agree to repair or stabilize any slope which the Engineer Manager 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. III 2 QACEDILandDev1PROJECTSCDP.CDP20205CDP2020-0001 Patel Residence - RicklI3 & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.dce 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of 1\-P I 2022 OWNER(S) Vagha Development, LLC, a California limited liability company (sign here) Rajesh Patel, Manager (print name and title) L4- - 2,1 PAi (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: Date: By: ON KEMP 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 Q:tCEDILandDeAPROJECTSICDPICOP20201CDP2020-0001 Patel Residence - RickM3 & AlHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 r wwm"""1""D"EXPASKIN COMM. #2261088 NOTARY PUBLIC *CALIFORNIA V SAN DIEGO COUNTY a Commission Expires OCTO8=.22.1 5.9e15•WWIRARNIVA WITNESS my hand and official seal. Signature of Notary Public Description of Attached Document Title or Type of Document: filt0 Document Date: 10/ z- t 1-1-14Prkt (.,Er‘ Araine"4"ia Number of Pages: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 a8W 8iEIMIFF.WIM848§81g1MIggige 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 )>(c 45 on it-NAt. 7, 2-, fJ2-t before me, t‘lb-vizAi r‘iScia- Date Here Insert Name and Titlefof the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(tsfwhose nam Vare subscribed to the within instrument and acknowledged to me that/she/they executed the same' /her/their authorized capacity(ieS), and that by/her/their signatureeion the instrument the persort(sr, or the entity upon behalf of which the personKacted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Signer(s) Other Than Named Above: Capacity(ies) Claimed by 8.isner(A Signer's Name: tz-A-Jesti- 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General p4ndividual 0 Attorney in Fact O Trustee O Other: Signer is Representing: Signer's Name: 0 Corporate Officer — Title(s): O Partner— 0 Limited CI General O Individual 0 Attorney in Fact O Trustee 0 Guardian of Conservator O Other: Signer is Representing: 0 Guardian of Conservator .%WLI3/413allaGektergAsaalaSe0S.teaBEIZ.i''S.,. ©2017 National Notary Association "EXHIBIT A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 125 OF TERRAMAR UNIT NO. 4, IN THE COUNTY OF SAN DIEGO, CITY OF CARLSBAD, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3312, FILED IN THE OFFICE OF THE COUN.lY RECORDER, OCTOBER 14, 1955. APN: 210-115-08-00