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Home My WebLink AboutPD 2020-0050; Colinas de Oro Community Association; 2021-0612413; Hold Harmless Agreement/Release~ I 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# 2021-0612413 1111111 i~l 111\Hftl ~lllllll 111 IUI Ill ~II HI ~1111~ Ill Aug 27, 2021 04:52 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: ....;;2;;.;;.5..:..5·...;.1.:::.:52::...·..:..01'--_____ _ PROJECT ID: _;,P....;;D:...;:2:.=..0=:.;20::...·0.:::.:0:...;:5.::.0 _____ _ PROJECT NAME: Colinas De Oro Slope Repair HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 528-3A) 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, Colina.s de Oro Community Association, a Non-Profit Mutual Benefit Corporation, the applicant for the project and the party with the legal obligation to maintain the drainage system 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 consiruction work or improvements as specified in this agreement. The entire risk of any loss resu'lting from or caused by any geological failure is assumed by and shall be borne by the owner. It is 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. 1 O:ICEO\LandOevlPROJECTSIPOIPO 2020\P02020-0050 Collnas D11 Oro· MQ.aughlln1B4Al7!r.?3 Calle San Folipc\HOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE-HOA doc 01125/13 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 O:ICEOILandOe\/\PROJECTSIPOIPO 20201P02020-00SO Colinas Oe Oro -McLaughlinleaA\7923 Calle San Fcl,pclHOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE-HOA cloc 01125113 IN WITNESS WHEREOF, the undersigned has executed this instrument this Ari day of ~JC</;-, 20A.f.' APPROVED AS TO FORM: CELIA BREWER City Attorney By:lLU do RONKEM~ Assistant City Attorney City of Carlsbad APPLICANT Colinas de Oro Community Association, a Non-Profit Mutual Benefit Corporation By: /~ Justin Gamble, President (print name and title} Date: By: (print name and title) Date: , l i-i. /-i, (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 corporat1ions. 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 0 ICEO\landOevlPROJECTSIPDIPD 2020\P02020-0050 Collnas Oo O<o • Mcl.3u(lhI1n\B&A\7923 Calle San Fel,pe\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE-HOAdoc 01125113 CALIFORNIA ACKNOWLEDGMENT -CIVIL CODE § 1189 A notary p11 bile or other officer completing this certnicotc verifies only the id ent~y of the individ 11al who signed the document to which this certificate is attached, and not the truthfulness, accumcy, or vfllldity of that document. who proved to me on the basis of satisfactory cvldancc to be the pcrson(s) whose name(s) ls/arc subscrlocd to tho within Instrument ond acknowledged to mo mot ho/sho/thoy oxocutcd tho same In his/her/their authorized copaclty(lcs). ond thut by his/her/their s1gnotwe(s) on the Instrument tho person(s). or the entity upon behalf or which tho person(s) octed. executed the Instrument. Place Nacary Soot anr:Jlor Stomp Above I certify under PENAL TY OF PERJURY under tho laws of U1e State of Cnllfornla that the-foregoing pamgr.;iph Is t and correct. OPTIONAL --·· Completing this Information C(ln (/ctc-r alteration of the doct1mcnt or fraudulent reattachment of this form to an unintended doccunent Description of Attached Document Title or Type of Document:--------------------------Document Date: Number of Pages:. Slgncr(s) Other Than Named Above: ______________________ _ Capadty(les) Claimed by Slgnor(s) Signer's Nomo: Signer's Nnme: ___________ _ □ Corporate Officer -Tlllo(s): ______ _ □ Corporate Officer -Tltlc(s): ______ _ □ Portner -□ Lhnltcd o General o Partner -o Limited o General □ Individual D Attorney In Fc1ct □ Individual o Attorney In Fact □ Trustee □ Guardinn or Conservator o Trustoo □ Gunrdlon or Conservator o Other: _____________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Raprosentlng: ________ _ -I! ! 8411804.0,.AI ----! C'-2019 NnlioMI Notnry Association XMLM)M21MMUM•Wmooao 4 Q·\CEO\LandDaw\PROJECTS\PDIPO 20201P02020-0050 Collnas Oe Oro· MCLaughl1n18&Al7923 Calle San Felipe\HOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE-HOA.ooc 01/25113 Exhibit A LOT 6 OF CARLSBAD TRACT NO.81-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. ST ATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 10898, FILED IN TiliE OFFICE OF THE COUNTY RECORDER OF SAN OlEGO COUNTY, APRJL 10, 1984 82'16