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Home My WebLink AboutCDP 15-23; Ocean Park Estates LLC; 2020-0359459; Hold Harmless Agreement/ReleaseDOC# 2020-0359459 Of 11111111 1111111E1111 11111 1111111111!! 111111 1111111111 Jul 08, 2020 12:44 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 214-150-09-00 PROJECT ID: CDP 15-23 (PUD 15-11) PROJECT NAME: Lanikai Lane HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 509-9A) 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) Ocean Park Estates, 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 \\FILESO1V \Departments \GED LandDev\ PROJECTS \CDPACDP 15 \CDR 15-23 Lanikai Lane - Bobbett-Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: damage to public improvements caused by any geological failure referred to in this agreement 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. /// 2 \\ FILES01 \ADepartments\CED\ LandDev \PROJECTS \CDP \ CDP 15\CDP 15-23 Lanikai Lane - Bobbett-Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 By: ON KE Assistant City Attorney City of Carlsbad IN WITNESS WHEREOF, the undersigned has executed this instrument this 91-4* day of /A pi; , 20 M . OWNER(S) Ocean Park Estates, LLC, a California limited liability company By: Core Carlsbad, LLC, a California limited liability company, its mana er By: (sign here) Troy Shadian, Managing Member (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney (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 \\ FILESO1V\ Departments \ CED LandDev \PROJECTS \ CDP \ CDP 15\CDP 15-23 Lanikai Lane - Bobbett-Levy\B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 ROXANNE JONES COMM. #2284149 NOTARY PUBLIC • CALIFORNIA SAN DIEGO COUNTY " Canmission Expres APR 20, 2023 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rtr•o-t-- 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. State of California County oll,/ft LA eV On 7.4 20 before me, -10-o1Ca n-e vcrio-/ AL Date Here Insert Name and Title of the Officer -Fotf Sheid,ta", Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence 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. personally appeared I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /1)Dit/4 Signature o Notary Public OPTIONAL Place Notary Seal Above Signature Though this section is 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: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): O Partner — El Limited 0 General O Individual 0 Attorney in Fact CI Trustee Guardian or Conservator O Other: Signer Is Representing: Named Above: Signer's Name: O Corporate Officer — Title(s): O Partner — 0 Limited El General 0 Individual El Attorney in Fact E Trustee El Guardian or Conservator • Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILESO1V\Departments\CED\LandDev\PROJECTS \CDP \CDP 15\CDP 15-23 Lanikai Lane - Bobbett-Levy\B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT "A" PARCEL 1: LOT 1 OF TRACT MAP NO. 15953, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 12, 2013 AS FILE NO. 2013-669168 OF OFFICIAL RECORDS. PARCEL 2: THE SOUTH 10 ACRES OF LOT 1, SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING BETWEEN THE STATE HIGHWAY AND THE RAILROAD RIGHTS OF WAY WITH THE NORTH AND SOUTH BOUNDARIES APPROXIMATELY PARALLEL. EXCEPTING THEREFROM ANY PORTION TAKEN BY THE STATE OF CALIFORNIA IN PARCELS 6A & 6B OF FINAL DECREE RECORDED APRIL 23, 1952 AS DOCUMENT NO. 50269 IN BOOK 4444 PAGE 395 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION THAT LIES WITHIN THE EXTERIOR BOUNDARIES OF TRACT MAP NO. 15953, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 12, 2013 AS FILE NO. 2013-669168 OF OFFICIAL RECORDS. APN: 214-150-26-00 (Affects Parcel 1) and 214-150-27-00 (Affects Parcel 2)