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HomeMy WebLinkAboutMS 2018-0010; Fuerte Holdings LLC; 2022-0130794; Hold Harmless Agreement/ReleaseRECORDING 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# 2022-0130794 11111111111111111111111111 llllll 111111111111111 lllll 111111111111111111 Mar 24, 2022 10:58 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.: 215-370-28-00 PROJECT ID: MS2018-0010 PROJECT NAME: ----'E"'L~F'-U~E"'R-'-T~E=--=-S'-FR~---- HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of an improvement plan (DWG 522-8) 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) C2 FUERTE HOLDINGS, LLC, a Utah 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 Q:ICED\LandDev\PROJECTS\MSIMS2018\MS2018-0010 El Fllerte View SFR -R"ck\8 & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 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 Ill 2 Q \CED\LandDev\PROJECTS\MS\MS2018\MS2018-0010 El Fuerte View SFR Rick\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01125/13 J-f....N WITNESS WHEREOF, L/ day of /J, o '(e,,,.. W APPROVED AS TO FORM CELIA BREWER City Attorney By !QUMPUf' Assistant City Attorney City of Carlsbad the undersigned , 20-1J, OWNER(S) has executed this instrument this C2 FUERTE HOLDINGS, LLC, a Utah Limited Liability Company BY: Haven Development, LLC By: (YJ~ (sig~ Chad Clifford, Managing Member (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 O:\CED\LandDev\PROJECTSIMS\M$2018\MS2018-0010 El Fuerte View SFR Rick\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ••-•-fOOMWPOt?Be.JllliQ -MIISW-■KtMiftPOOOOPJn tCNQ:Y?Ul_...trrr '.JQfJII .. A notary public or other omcer completing this ce1rncate verif1Cs only the identity of the Individual who signod the document to which this certtticate Is attached, and not the truthfulness, accuracy. or validity of that document. St.;te of Colifornl~ ~, } County of LJl'!uq LJ~ On -AloV, /i'-~'--oefo1e me, Ash Nickle, Notary Public ____ , Dote r '· "· I t---( (' ✓-1.e'Ji1srr1 Nome 011d Tlrle of the Off/car pcrsonally Appeared ~.,,.\) \...blq ~r-C [~f / Nome(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the pcrson(~hose namet,j-ls/.i,e-sub$crlbcd to the within Instrument and acknowledged to me that he/s~ey executed the snme In h~ authorized c.1pacltyftt!st, and that by hls/~r slgnature(!j"un the Instrument the person(Cj,or the entity upon behalf of which the pers~cted, executed the Instrument. ASH NICKLE '1 COMM.# 2339548 { IIOT~RY PUSUC-CAUFORIIIA /fJ SMI DIEGO Cov,m -Mr Covu. Ex?. J~•,. J. 202:6 _. Place Notary Seo/ ondlor Stomp Above, I certify under PENAL TY OF PERJURY under the laws of the State of <:alifornla that tl10 foregoing paragraph Is true and correct. WITNESS my hand and offlclal seal. Signature OPTIONAL Completing this information can deter alteration of the document or ftoudulent reattachment of this form to cm unintended clocumenl Description of Attached DocumeU / j Title 01 Type of Document: LJJ)J_ Document Date: Slgncr(s) Other Than Named Above: Capaclty(ies) Claimed by Slgner(s) Signer's Name: o Co1porate Officer -Tltle(s): o Partner -□ Limited □ Genc1al o lndlvlduill o Attorney In F;:ict o Trustee o Guordlon or Conscrvatm o Other: Signer Is Representing: ________ _ try<e>mJl--fuo. 6,;l,17' Number of Pngcs· Signer's Nome: _ □ Co1porate Officer -Tltle(s): o Partner -o Umllcd □ Generi'll □ lndlvldunl o Attorney In Fact o Trustee o Guo,dlon or Conse1votor o Other: _____________ _ Signor Is Representing: ________ _ 0001•• , i : !!HI ,02019 Notional Notary Association 4 Q ICEOll.and0ev\PROJECTSIMSIMS201B'MS2018-0010 El Fuerte View SFR • Rick\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doe 01125/13 EXHIBIT A LEGAL DESCRIPTION Real property In the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 552 OF LA COSTA MEADOWS UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7076, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 16, 1971. APN: 215-370-28-00