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Home My WebLink AboutCT 08-06; Veck Investment Properties LLC; 2017-0169044; Hold Harmless Agreement/ReleaseI' I RECORDING 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# 2017-0169044 IIIIU ~m 111111~1111 m1111m1 ~lllmiiUIImlllm ~~Jill Apr 14, 2017 02:14PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 207-130-75-00 207-130-76-00 ~ 207-130-77-00 PROJECTID: ~C~T~~08~-;06~~~~==~=~~~==== PROJECT NAME: Highland James Subdivision HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 483-68) 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) Veck Investment 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 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 dqmage 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. 1 \IFILES011/\Departments\CEDILandOIMPROJECTS\CT\CT 08\CT 011-06 Highland -James· Wld<ham Chua\B & AIB&A (DWG 4~)\HotD HARMLESS AGREEMENT GEOLOGICAl. FAILURE (DWG 4~).d0c 01125113 ,,~ 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 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 2 IIFILES01VIDepartments\CEDU.andDev\PROJECTSICMT OBICT ~Highland· James -WICkham Chua\B & AIB&A (DWG 4~)\HOLD HARMLESS AGREEMENT GEOLOGICAl FAILURE (DWG 483-aB).doc 01/25113 IN WITNESS WHEREOF, wcW day of MAIZL ~ APPROVED AS TO FORM: the undersigned ,20..!1_. OWNER(S) has executed this instrument this Veck Investment Properties, LLC, a California limited liability company By: fE 7/ (Sign here) Charles S. Speck, Managing Partner (print name and title) Date: ~12-5\ \1 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 \IFILES01V\Departmenls\CED\landDIMPROJECTS\Cl'CT 08\CT 00-06 Highland -James -Wockham Chua\8 & AIB&A (OWG 483-68)\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (OWG 483-6B).doe 01125113 CALIFORNIA ALL-PURPOSE 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. State of California ) County of '5PstJ DL ~0 ) On S}1..'2\\:l beforeme, etJZ.At?£1\-\ leMpt.e" 1NC1Tf\1l.\.f 'PvSU~ Date Here Insert Name and Title of the Officer personally appeared __ ___:t.\t:.....:..:..!f\C..L~~=:::...__..:::S:....·.....:S~f...::ee.L:...;::..::=---------- Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(') whose name(&) Is/~ subscribed to the within Instrument and acknowledged to me that helshelihey executed the same In hisiherftMir authorized capac~. and that by hlslherAhelr sfgnatur~ on the Instrument the person~. or the entity upon behalf of which the person~ acted, executed the Instrument. I certify under PENALlY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Slgnature Place Notary Seal Above ---------------------------OPTIONAL--------------------------- 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 Named Above: ------------ Capaclty(Jes) Claimed by Signer(s) Signer's Name: ___________ _ 0 Corporate Officer -Tltle(s): ------ 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator OOther. ------------- Signer Is Representing:--------- Signer's Name:-------.,...------- 0 Corporate Officer -Title(s): ------ 0 Partner -D Limited D General 0 Individual 0 Attorney In Fact 0 Trustee 0 Guardian or Conservator 0 Other: =-------------- Signer Is Representing: --------- @2014 National Notary Association • www.NatfonaiNotary.org • 1·800-US NOTARY (1-SOQ-876-6827) Item #5907 4 \\FILES01V\OepartmenlfiCEDII.andDeii\PROJECTSICnCT 08\CT 06-06 Hlgllland ·James· WICJ<ham Chua\6 & AIB&A (DWG 483-66)\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 483-6B).doc 01125113 EXHIBIT 'A' LEGAl DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOTS 1 THROUGH 3, INCLUSIVE OF CARLSBAD TRACT CT 08-06-01, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDINT TO MAP THEREOF NO. 16021, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APR1ll3, 2015. APN: 207-130-75·00 THROUGH 207-130-77-00