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Home My WebLink AboutCT 2018-0006; Laguna Project LP; 2020-0477110; Hold Harmless Agreement/ReleaseDOC# 2020-04771 1 0 111101111 111111 111 111111111 11111111 1111 1111111111 111 Aug 24, 2020 08:49 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 155-221-12-00 PROJECT ID: CT2018-0006 PROJECT NAME: Laguna Drive Subdivision HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 521-7A) 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) Laguna Project, LP, a California Limited Partnership, 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 damage to public improvements caused by any geological failure referred to in this agreement 1 QACED \ LandDev\ PROJECTS\ CT\CT2018 \CT2018-0006 Laguna Drive Subdivision - Carroll\ B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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. /// /// III /// /// /// /// /// /// /// /// 11/ /// /// /// /// /// /// /// /// 2 Q: \ CED LandDev\ PROJECTS \CT\ CT2018 \CT2018-0006 Laguna Drive Subdivision - Carr° B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of M#.17 , OWNER(S) Laguna Projec , a California Limited Partnership 611141 g here) Brett Farrow, Manager (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON K Assistant City Attorney City of Carlsbad (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 Q:\CED \ LandDev\ PROJECTS\ CT\ CT2018 \CT2018-0006 Laguna Drive Subdivision - Carroll \B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 DENISE MONCEAWq- comm. #2299602 g NOTARY PUBUC • CALIFORNIA SAN DIEGO COUNTY Comm. Ex AUG. 28, 2023 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or otherofficer completing this certificate verifies onlythe identity ofthe 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 --C1--)"" /-)‘ On 21 24) at) before me Date Here Insert Name and Title of the Office/ Name(s) of Signer(s) who proved to mean 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(les), 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 personally appeared I certify under PENALTY 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 - Place Notary Seal and/or Stamp Above Signature of Notary Public 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: Corporate Officer — Title(s): o Corporate Officer — Title(s): O Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General • individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact o Trustee 0 Guardian or Conservator 0 Trustee o Guardian or Conservator o Other: 0 Other: Signer Is Representing: Signer is Representing - 02019 National Notary Association 4 ()ACED LandDev \ PROJECTS \CT\CT2018 CT2018-0006 Laguna Drive Subdivision - Carro11113 & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: THE EASTERLY 120.00 FEET MEASURED ALONG THE NORTH LINE OF LAGUNA DRIVE OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 1, SECTION 1, TOWNSHIP 12 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED JUNE 22, 1883, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSEC i ION OF THE WEST LINE OF THE 40 FOOT EASEMENT FOR PRIVATE ROAD AS SHOWN ON THE MAP OF BUENA VISTA GARDENS NO. 2492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 4, 1948, WITH THE NORTH LINE OF LAGUNA DRIVE, AS SHOWN ON THE MAP OF SEASIDE LANDS NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921; THENCE ALONG THE NORTH LINE OF SAID LAGUNA DRIVE, NORTH 89050' WEST 90 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0°16'35" EAST PARALLEL WITH THE SAID WEST LINE OF SAID PRIVATE ROAD TO THE SOUTHERLY BOUNDARY LINE OF SAID BUENA VISTA GARDENS, ACCORDING TO SAID MAP NO. 2492; THENCE NORTH 77°39' WEST ALONG SAID BOUNDARY TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID BOUNDARY NORTH 56057140" WEST 89.97 FEET TO THE MOST WESTERLY CORNER OF SAID BUENA VISTA GARDENS; THENCE NORTH 89°50' WEST TO THE WEST LINE OF SAID LOT 1, SEC I ION 1, TOWNSHIP 12 SOUTH, RANGE 5 WEST; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 1, SECTION 1, TO THE NORTH LINE OF SAID LAGUNA DRIVE; THENCE NORTH 75°19'46" EAST ALONG THE SAID NORTH LINE 28.28 FEET TO AN ANGLE POINT THEREIN; THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89°50' EAST To THE TRUE POINT OF BEGINNING. APN: 155-221-12-00