HomeMy WebLinkAboutCT 2017-0004; Mayfair Communities; 2020-0022354; 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# 2020-0022354
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Jan 15, 2020 01 :39 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $0.00 (S82 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 203-305-10-00 -----------PROJECT ID: CT 2017-0004
PROJECT NAME: Six on Madison ------------
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 512-4A) 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, I/(We) Oak and Madison,
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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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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IN WITNESS WHEREOF,
],C dayof /VI~
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By ~N½& 9-0
Assistant City Attorney
City of Carlsbad
the undersigned has executed this instrument this
,2orj.
OWNER(S)
Oak and Madison, LLC, a California limited liability
company
By: Mayfair Group Holdings, Inc., a California
corporation, dba Mayfair Communities, its member
By: ~ ~
( · n here)
Mehran Saberi, Managing 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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EXHIBIT 'A'
LEGAL DESCRIPTION OF REAL PROPERTY
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
ALL OF LOTS 31 AND 32 IN BLOCK 39, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888; TOGETHER WITH THAT PORTION OF OAK AVENUE,
ADJOINING LOT 32 AS VACATED ON SEPTEMBER 17, 1985 BY RESOLUTION NO. 8181 OF THE CITY
COUNCIL OF THE CITY OF CARLSBAD, SAID PORTION OF VACATED OAK AVENUE WAS RECORDED
SEPTEMBER 24, 1985 AS INSTRUMENT NO. 1985-352892 OF OFFICIAL RECORDS.
CAl:-IFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
I
~ no~a~~-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.
---------------_J
State of Cal1forn1a • )
County of ~ _O ~ 'b ______ )
On ~~__H3-bot~ before me, ~ lit)mJ1cJ~tiJc,rs, h~ f,y,;/1 -l
Date Here Insert Name and Title of the Officer
personally appeared ~h ,~b-c.-Jr i
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 withi11 instrument and acknowledged to me that he/she/they executed the same in
h1s/he1/the1r 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.
l =-=-= ;;H:;-Y ;N~T~ ;;~~ e COMM.# 2184009 )> z SAN DIEGO COUNTY )>
<{ NOTARY PUBLIC-CALIFORNIA~
(1'. MY COMMISSION EXPIRES j L <> .__, <> ,_}U3R~!_;; t£· :922.,
Place Notary Seal Above
I certify Linder 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~Jlv~
Signature of Notary PL1b/ic
----------------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:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _____ -------·---_ Signer's Name:------------~
! J Corporate Officer -Title(s): · □ Corporate Officer -Title(s): __________ _
I I Partner -[] Limited lJ General D Partner -D Limited D General
'. J Individual l_: Attorney in Fact L.:: Individual LJ Attorney in Fact
I ! Trustee 1 ·1 Guardian or Conservator n Trustee □ Guardian or Conservator
r ! Other: □ Other:
Signer Is Rep1·esenting: Signer Is Representing: _________________ _
1• 201.i National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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