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Home My WebLink AboutPD 2020-0047; KWD Holdings LLC; 2022-0288051; 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# 2022-0288051 111111111111 lllll 111111111111111111111111111111 IIIII 111111111111111111 Jul 13, 2022 02:48 PM 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.: 207-150-15-00 -----------PROJECT ID: PD2020-0047 PROJECT NAME: Harle Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 527-7A) 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) KWD Holdings, 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 Q:ICEO\landDev\PROJECTS\PO\PO 2020\P02020-0047 Harte Residence-Levy\B & A\HOLO 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 2 Q:\CED\l.andDev\PROJECTSIPD\PO 2020IPD2020--0047 Harte Residene&-Levy\B & AIHOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ""2.. -z day of Ap.-,._ \ , 2012, APPROVED AS TO FORM: CELIA BREWER City Attorney By ~KiP ar Assistant City Attorney City of Carlsbad OWNER(S) KWD Holdings, LLC, a California Limited Liability Company By: L -1 t (sign here) Kent Harle, 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 Q:\CED\LandDevlPROJECTSIPO\PD 2020\PD2020--0047 Harte Resldene&-1.avy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this cert~icate 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 San Die o On A ril 22, 2022 Date } before me, _...:.A_,,_n,.,d,,.r=-ew'-'-'-R""o~b=--=e"-rtc:s"--, '--'N"'o.,,ta,,_ry"--'-P_,,uecb-"-lic=--------~ Here Insert Name and Title of the Officer personally appeared ----'K'-'-e'"n"-'te!H.,_,a,,_,r_,_,le,_ _______________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. ft :HD;;R:~ ft • 1 Notary Publk • California 3 San Dh!IO County ~ Commkslon I 2317220 My Comm. Expires Dec 26, 2023 Place Notory Seal and/or Stomp Above I certify under PENAL TY OF PERJURY under the laws of the State of Callfornla 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 Description of Attached Document Title or Type of Document: __________________________ _ Document Date: _____________________ Number of Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: o Corporate Officer -Tltle(s): ______ _ Signer's Name: ___________ _ o Corporate Officer -Tltle(s): _____ _ o Partner -o Limited o General o Partner -o Limited o General o Individual o Attorney In Fact o Trustee o Guardian or Conservator o Individual o Attorney In Fact o Trustee o Guardian or Conservator D Other: D Other: --------------- Signer Is Representing: _________ _ Signer Is Representing: _________ _ 0 2019 National Notary Association 4 Q:ICED\LandDev\PROJECTSIPD\PD 20201PD2020-0047 Harle Residence-Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 Order Number: NHSC-6472515 (DLDG) Page Number: 8 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: PARCEL 1 OF PARCEL MAP NO. 20313, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 6, 2007, AS INSTRUMENT NO. 2007-0523755, OF OFFICIAL RECORDS. EXCEPTING ALL THE OIL, GAS, MINERAL AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, WITHOUT, HOWEVER, THE RIGHT OF SURFACE ENTRY. PARCEL B: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, INCLUDING THE RIGHT TO TRANSPORT SMALL WATERCRAFT OVER LOT 15 OF THAT TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AN APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL A AND, BEING APPURTENANT, SHALL RUN WITH THE LAND. PARCEL C: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR VEHICULAR AND SMALL WATERCRAFT INGRESS AND EGRESS OVER LOT 74 OF THAT TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL A AND, BEING APPURTENANT, SHALL RUN WITH THE LAND, AND WHICH EASEMENT IS SUBJECT TO SUCH RULES AND REGULATIONS FOR USE AS MAY BE PROMULGATED FROM TIME TO TIME PURSUANT TO THE DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS RECORDED AUGUST 5, 1966, AS INSTRUMENT NO. 127577, OF OFFICIAL RECORDS. APN: 207-150-15-00 First American Title