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Home My WebLink AboutPD 2020-0050; Colinas De Oro Community Association; 2021-0612415; Hold Harmless Agreement/Releasei-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# 2021-0612415 I llffll II f ffll ~UI ~, 1~111,m, 1111111, 1111iu11111 ,m Ill Aug 27, 2021 04:52 PM OFFICIAL RECORDS Ernest J. Dronenburg Jr SAN DIEGO COUNTY RECORDER FEES: $O.OO (S82 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ""fC/ ASSESSOR'S PARCEL NO.: _2_5_5_-1_5_2-....:..0..:....3 _____ _ PROJECT ID: PD2020-0050 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, Gelinas 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 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 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:ICEOILandOev\PROJECTSIPDIPO 20201P02020,0050 Colinas De O,o -McLO<.Jglllin\B&A\7927 Calle San FetipelHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE-HOA.doc 01/25/13 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 Q \CED\LandOovlPROJECTSIPOIPO 2020\P02020.()()50 Cohnos Oe Oro• Mcleu~hlln\B&A\7927 Calle San Fellpe\HOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE-HOA.CIO<: 01125113 IN WITNESS WHEREOF, the undersigned has executed this instrument this ,A.J day of ---.3~tf1..1-,......,... ____ , 20c£j. APPLICANT Colinas de Oro Community Association, a Non-Profit :yutual Benefit;~ APPROVED AS TO FORM: CELIA BREWER City Attorney By G£EJP <X; Assistant City Attorney City of Carlsbad Justin Gamble, President (print name and title) Date: By: Mario DeAngelis, Secretary 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 0 ICEOILandOt,IPROJECTSIPDIPD 2020\PDW20-0050 Collnas De Oro· McL11ughlm\B&Al7927 ~ID San FiAl~IHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE-HOA doc 01125/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 U811J1Nl~ ...... ~ .......................... ......... ·-·-·-.. --..... -------···-·-···-··••·•·-·-·-----· .... -··· ..... ---· ____ ,.. __ ,,,.. __ ........... , .... ~., j A nolary public or other officer completing thi~ccrtlllcate verifies only the Identity of the individual who signed the document : to which this certificate Is attnched, imd not the truthfulness, accuracy, or vrilldity of thnt clocumonl. who proved to me on the basis of satisfactory evidence to be the person(s) whose nome(s) ts/arc subscribed to thO within ln~trumcnt and acknowledged to me that hc/shc/thcy executed the same In his/her/their authorized capaclty(les), and that by hlsn1er/thelr slgn:>ture(s) on the Instrument the person(s), or the enmy upon behalf of which the person(s) ,,ctcd, executed the Instrument. Place Notary Seo/ ondlor Stamp Above I certify under PENAL TY OF PERJURY undQr tho laws of the Stote of Cnllfornia that thc foregoing paro>grsph Is tr~,r.-1;1 correct. WITNESS my 11m OPTIONAL Completing this informc,t,'on ccm dcl'lor oltorotlon of tho document or fraudulent reattc,chment of this form to on unintended document Description of Attached Document Title or Type of Document; _________________________ _ DocumontDatc; .. -• ··-... NumborofPages: Slgnor(s) Other Than Named Abovo: ______________________ _ Capadty(lcs) Clolmcd by Slgner(s) Signer's Name: Signer's Nome: □ Corporate Officer -Tltlc(s): _____ _ Cl Corporate Offlcor -Tltle(s): _____ _ □ Partner -o Limited □ General □ Portner -O Limited □ General o Individual □ Attorney In Foct Cl Individual O Attorney In FllCt □ Trustee □ Guardlnn or Conservotor □ Trustee o Gunrdlan or Conservotor o Other: _____________ _ □ Other: Signer Is Representing: ______ _ Signer Is R0prcsent1ng; ________ _ -=-====::-=,----:=_:-:.-= .. ,,:--. =-=-==---====-=-==-=--==-==--·=--~--=--==---=-=-=-.. NC'.3k!Ji99MAE MlltAAAA3C&J4lC$1AAAAJ% 02019 Notlor'IOI Notary Association 4 S DfNA 8 i S ~-Us..~ i i i ~ O:ICEOILendOe\/lPROJECTSIPOIPO 2020IP02020,0050 Cohnes De Oro· McLaughMnlB&A\7927 Callo San Folipo\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE-HOA <ioc 01/25113 EXHIBIT A LOT 8 OF CARILSBAD TRACT NO. 81-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10898, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 10, 1984.