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Home My WebLink AboutPD 2021-0002; James Drive 3304 LLC; 2021-0564561; Hold Harmless Agreement/ReleaseI t 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# 202 ·1 -0564561 I IHI\! \\Ill lllll l\lll 11111\ll\l 111111m111m 1\111111\l lllll l\ll 1111 Aug 09, 2021 11 :57 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 2050604200 PROJECT ID: _P_D_2_0_2_1_-0_0_0_2 _____ _ PROJECT NAME: 3304 James Drive SFD HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 529-2A) for development to occur on property m9re particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, 1/(We), James Drive 3304, 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 damage to public improvements caused by any geological failure referred to in this agreement 1 0:ICED\landDev\PROJECTS\P0\PD 2021\PD2021-0002 3304 James Dr -Ricl<IB & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 .. 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 o:,CEO\LandDev\PROJECTS\PDIPD 2021\PD2021·0002 3304 James Dr· Rick\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned I 3 day of _:JJ~c.,.,~~------' 20E.._. has executed this instrument this APPROVED AS TO FORM: CELIA BREWER City Attorney s,....l~ Assistant City Attorney City of Carlsbad OWNER(S) James Drive 3304 LLC, a California limited liability company By: By: CW Signature SOPS LLC, a Delaware limited liability company Its: Sole Member By: CWS SOPS MGMT LLC, a California limited liability company ltsMam:@= si n e) Donald Fontana, 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 Q;\CED\LandDev\PROJECTSIPOIPD 20211PD2021-0002 3304 James Dr· Riek\8 & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the lndiVldual 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 $Pr,,--0 • i r On :Jtl.u I~ J. o 'I)....( before me, -t'i-'-"-'· {"'"<._S,"°"""/J .... lc(...,./<CL..i..::~'1-f, ..... w=v~~"'f-fpc...=1,...=U=-=.1·"i:..:,_, I Date Here Insert Norn£ and Title of ;,j6fficer personally appeared D 00 Af J LU 1-: P¥I f-i,,,(I P.. Name{s) of Signel(s) who proved to me on the basis of satisfactory evidence to be the person(!IJ whose nameOO{s/a" subscribed to the within Instrument and acknowledged to me that he/s~h"" executed the same In hlsfhtr/t~lr authorized capaclty(lf). and that by hls/~/tttflr slgnature(4 on the Instrument the person~. or the entity upon behalf of which the person~ acted, executed the Instrument eeeeoeoeeeee , • 0 • ,, MK STUCKEY f • ·-·· -Notary Public • California = San Diego County i I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct ' Commission !I 2285679 -•1 WITNESS my hand and official seal. My Comm, Expim May 16, 2023 Place Notory Seo/ ond/or Stomp Above 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: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: _____________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer - Tltle(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: ________ _ 0 2019 National Notary Association 4 O:ICED\landDev\PROJECTS\POIPD 2021\PD2021-0002 3304 James Dr· Rick\8 & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 .. -l PARCEL "C" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PARCEL MAP NO. 11661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 14, 1981. APN: 205-060-42-00