HomeMy WebLinkAboutCDP 2022-0067; LB Beach Properties LLC; 2024-0154779; 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# 2024-0154779
111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII
Jun 20, 2024 09:14 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins: $0 00)
PAGES: 5
SPAC_E ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. : 206-012-06-00
PROJECT ID: CDP 2022-0067
PROJECT NAME: LaBounty Residence -3950
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 545-7 A) 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) LB Beach Properties, 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 subseque·nt 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 to the satisfaction of the
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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 a~reed 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.
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IN WITNESS WHEREOF, the undersigned has executed this instrument this __ 8 __ day of
J U,.u..4Z.. 20~~
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
Senior stant City Attorney
City of Carlsbad
LB BEACH PROPERTIES, LLC., a California limited liability
company
By:
(sign here)
Paul E. LaBounty-Member
(print name and title)
Date:
By:
Judith A. LaBounty -Member
(print name and title)
Date: <ofa/2o2-~
(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.)
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ACKNOWLEDGMENT
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.
State of California
County of San Diego
on __ D_b_,/,_c~&c....-o-} _2_0_2_Y ___ before me, _C_o_n_n_o_r _K_na_c_k_, _N_ot_a_ry_P_ub_l_ic _____ _
(insert name and title of the officer)
personally appeared P~u\ £. L°'~V\ £ "J\)6
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who proved to me on the basis of satisfactory evi ence to be the person(s) whose name(s is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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 ______ [4--________ _ (Seal)
1············~ , , CONNOR KNACK
: ti}· • =;. Notary Public -California 'Ii i ... · San Di~to County s, i · . ·;.,• Cornmi'5fon ~ 2361885 I
~.se My c:: [!?ires J~., 1~. 2025
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT 6, BLOCK "L", AS SHOWN ON THAT CERTAIN MAP ENTITLED PALISADES, WHICH MAP WAS FILED
IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP NO 1747, FILED ON FEBRUARY 5, 1923.
APN: 206-012-06-00