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Home My WebLink AboutCT 14-10; Lennar Homes of California Inc; 2018-0287861; 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# 2018-0287861 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Jul 16, 2018 12:03 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-020-07-00 215-050-21-00 215-050-22-00 215-050-44-00 215-050-47-00 PROJECT ID: CT 14-10 -----------PROJECT NAME: Poinsettia 61 ----------- HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 507-2A) 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), Lennar Homes of California, Inc., a California corporation, 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. 1 \IFILES011/\Departments\CED\LandDev\PROJECTS\CT\CT 14\CT 14-10 -Poinsettia 61-Levy\B & AIB&A DWG 507-2A GR2017-0052\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 507-2A.doc 01/25/13 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 \IFILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 14\CT 14-10 -Poinsettia 61-Levy\B & AIB&A DWG 507-2A GR2017-0052\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 507-2Adoc 01/25/13 IN WITNESS WHEREOF, /9 day of ~< \ APPROVED AS TO FORM: CELIA BREWER City Attorney By: Assistant City Attorney City of Carlsbad the undersigned , 2o_l_B:" OWNER(S) has executed this instrument this Lennar Homes of California, Inc., a California oration 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.) 3 IIFILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 14\CT 14-10 -Poinsettia 61-Levy\B & AIB&A DWG 507-2A GR2017-00521HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 507-2A.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT I 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 ORANGE ) On April 19, 2018 before me, Debra J. Peloza, Notary Public, personally appeared Jeremy Parness 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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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 ad.LL ;1--21· ~ DEBRA J. PELOZA COMM. #2198310 z Notary Public • California ~ Orange County ... Comm. ires June 8, 2021 (Seal) "EXHIBIT A" LEGAL DESCRIPTION The land referred to in this Commitment is situated in the Oty of carlsbad, County of San Diego, State of california, and is described as follows: PARCEL 1: THE NORTH 11 ACRES OF TiiE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PARCEL 2: THE NORTH HALF OF 11-IE NORTHWEST QUARTER OF lHE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOU11-I, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CI1Y OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. EXCEPTING THEREFROM, THE NORTI-1 11 ACRES. PARCEL 3: THE SOUTHWEST QUARTER OF TI-IE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY 11-IEREOF. EXCEPTING THEREFROM, THE NORTH HALF OF SAID SOUTI-IWEST QUARTER OF 11-iE SOUTI-IWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY 11-IEREOF. PARCEL 3A: AN EASEMENT FOR INGRESS'AND EGRESS OVER, ALONG AND ACROSS THE WESTERLY 20 FEET OF THE NORTHWEST QUARTER OF TI-IE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOLJTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE Of CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PARCEL 4: THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORlliWEST QUARTER OF THE NORTI-IWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED OCTOBER 27, 1875. PARCEL 5: THE SOUTH HALF OF THE SOUTHEAST QUARTER OF TI-IE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED OCTOBER 27, 1875. PARCEL 6: THE NORTH HALF OF THE 501.ITHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED OCTOBER 27, 1875. PARCEL 7: THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED OCTOBER 27, 1875. APN: 215-050-21-00 (affects Parcel 1); 215-050-22-00 (affects Parcel 2); 215-020-07-00 (affects Parcel 3); 215-050-44-00 (affects Parcel 4); 215-050-45-00 (affects Parcel 5); 215-050-46-00 (affects Parcel 6); and 215-050-47-00 (affects Parcel 7)