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Home My WebLink AboutCT 2018-0002; Aviara East Housing LP; 2023-0025058; 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# 2023-0025058 111111111111 lllll 111111111111111 11111111111111111111 111111111111111111 Jan 31, 2023 11 :24 AM OFFICIAL RECORDS JORDAN Z. MARKS 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.: ....:2:....1=2-;.;:.0..;,_40,;._-..:....56:....-0:....0:.,__ ____ _ PROJECT ID: _C;;;._T~20,;...1:....:8....:-0:....:0:....:0=2 _____ _ PROJECT NAME: Aviara Apartments East HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 535-1 C) 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) Aviara East Housing LP., a California limited partnership, 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:\CED\Admin\B&AIPROJECTS\CT 2016-0002; GR2022-0045-Aviara East Shoring Plans_T.C; A.Mcl\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 Q:\CEDIAdmin\B&AIPROJECTS\CT 2018-0002; GR2022-0045-Aviara East Shoring P1ans_T.C; A.Mcl\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 IN WITNESS WHEREOF, the undersigned has executed this instrument this ,3rsJ day of 0lU'.LU~ , 202'3. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney BY,~~ ON KEMP Senior Assistant City Attorney City of Carlsbad OWNER(S) AVIARA EAST HOUSING LP, a California limited partnership By: Aviara East GP LLC, a California limited liability company, its managing general partner By: Date: By: Date: By: BRIDGE Housing Corporation, a California nonprofit public benefit corporation, its sole member and manager iu.A1G-= ~:s .7 (sign here) Sierra Atilano, Executive Vice President (print name and title) (sign here) (print name and title) (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\Admin\B&AIPROJECTS\CT 2018--0002; GR2022-0045-Aviara East Shoring P1ans_T.C; A.Mcl\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 individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Name{s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature of Notary Public 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: o Corporate Officer -Tltle(s): ______ _ o 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: ________ _ <el2019 National Notary Association 4 Q:\CEO\Admin\B&AIPROJECTS\CT 2018-0002: GR2022-0045-Aviara East Shoring Plans_T.C; A.Mcl\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 LEGAL DESCRIPTION That certain real property situated in the City of Carlsbad, County of San Diego, State of California, described as follows: Lot 4, as shown on the Map No 1652 1 entitled "City of Carlsbad Tract No. 2018-0002," filed August 9, 2022, in the Office of the County Recorder of San Diego County as File No. 2022-7000374.