HomeMy WebLinkAboutCT 13-04; Golden Surf Holdings LLC; 2016-0692198; Hold Harmless Agreement/Release (2)'.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# 2016-0692200
111111111111 lllll 11111111111111111111111111111111111 IIIII 1111111111111
Dec 16, 2016 04:00 PM
OFFICIAL RECORDS
Ernest J. Dronen burg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SESSOR'S PARCEL NO.: 214-531-51-00
PROJECT ID: CT 13-04 -----------PROJECT NAME: Golden Surf -----------
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 496-4A) 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) Golden Surf
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
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FAILURE.doc 01125/13
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.
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\IFILES01V\Departments\CED\LandDev\PROJECTSICnCT 13\CT 13-04 Golden Surf -Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01/25/13
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IN WITNESS WHEREOF, the undersigned
/0 :\½-.,, day of _ __._N_o"""---'v.____..,_, -•-' 20 Jk_.
has executed this instrument this
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By:1241~
RON KEMP
Assistant City Attorney
City of Carlsbad
OWNER(S)
Golden Surf Holdings, LLC, a California limited
liability company
By: ~f~/2JL1
{sign here)
Farzan Dehmoubed, 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.)
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\IFILES01 V\DepartmentslCED\LandDev\PROJECTSICT\CT 13\CT 13-04 Golden Surf -Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01/25/13
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 f:v.f\ OJ ego )
onfXre'fV'Nr I) 1!Mbefore me, Rqccu,_,,l\f 0004., ~ /?wbl'C
Date --;p_ Here Insert Name and Tit/~ G#iber
personally appeared _T7~U'-'-f----'-Z---'A1/'---'-'-__ __,t)....,_m----=..,,_)Y\O-'----=-~->,l.,_.,l__,..[?k-=---c'--'o'-------------
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
Place Notary Seal 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
Signatur
---------------oPT/ONAL---------------
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:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _ Signer's Name: ____________ _
D Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _
□ Partner -□ Limited □ General □ Partner -□ Limited D General
D Individual D Attorney in Fact D Individual D Attorney in Fact
D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator
D Other: ______________ _ □ Other: ______________ _
Signer Is Representing: _________ _ Signer Is Representing: _________ _
~'§%'@;,@\§1<;,@@.;/@;i~~@@™™~,gt;,'@<;,~"l
@2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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FAILURE.doc 01/25/13
EXHIBIT A
PARCEL 1 OF PARCEL MAP NO 6136 IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JULY 6, 1977.