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Home My WebLink AboutCT 14-10; Lennar Homes of California Inc; 2019-0144789; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO City Clerk Cl1Y OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2019-0144789 111111111111 ll111111111111111111 lllll lllll 1111111111111111111111111111 Apr 22, 2019 11 :37 AM OFFICIAL RECORDS Ernest ,J Dronen burg, Jr., SAN DIEGO COUN1Y RECORDER FEES SO 00 (S82 Atkins. $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-020-07-00 215-050-21-00 _)¼ PROJECT ID: _C_T_14_-_10 ____ _ PROJECT NAME: Poinsettia 61 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 507-20) 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 plan~ or permits by the City shall not constitute an assumption by the City of any respor.sibility for ary damage or taking referenced in this agreement. City shall not be responsibie in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fil1s or improvements made or done pursuant to the approved plans, nor shall any officer or e1nployee 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 nsk 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 ariy 01125113 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 01125113 IN WITNESS WHEREOF, the undersigned has executed this instrument this L-Jt~ n... . __,=-1---day of _ ....... ,:::i,-............·7r2__._c ...... , .._\ ___ , 20_19_. APPROVED AS TO FORM: CELIA BREWER City Attorney ByAW.) Ld::( "RoN KEM--P Assistant City Attorney City of Carlsbad OWNER(S) Lennar Homes of California, Inc., a California corporation By: Date: By: Date: (sign here) (print name and title) (p · t name and title) 4/l.f/!'1 (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 01/25/13 . I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 4, 2019 before me, Debra J. Peloza, Notary Public, personally appeared Adam Sheehan and Anita Davey who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons 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 rllli.L4fi}· ~- oEBRA r PE.LOZA • \ COMM. #2198310 z Notary Public • California ~ Orange County _. Comm. ires June 8, 2021 (Seal) EXHIBIT "A" The land referred to in this Commitment is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: PARCEL 1: THE NORTH 11 ACRES OF THE 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 CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PARCEL 2: THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN Tl-f E CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. EXCEPTING THEREFROM, THE NORTH 11 ACRES. APN: 215-050-21-00 (Parcel 1); 215-050-22-00 (Parcel 2)