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Home My WebLink AboutCT 2019-0002; DK Realty Holdings Inc; 2020-0477108; Hold Harmless Agreement/ReleaseDOC# 2020-0477108 11 11111 1111111 11111111 11 111 III 1111 111111 11111111 Aug 24, 2020 08:49 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: PAGES: 5 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-031-01 & 204-031-02 PROJECT ID: CT 2019-0002 PROJECT NAME: Madison Five HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 518-6A) 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) DK Realty Holdings, 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. 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 CALIsers \elova\AppData \ Local \Microsoft \\AIndows\INetCache\ContentOutlookWMPESK55 \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. /// 2 CAUsersletova\AppData\LocalkMicrosoftWVIndows\INetCache\Content.OutlooM4MPESK55 \HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 By: RON KEMP Assistant City Attorney City of Carlsbad IN WITNESS WHEREOF, the undersigned has executed this instrument this day of _.)" 202 L. OWNER(S) DK Realty Holdings, Inc., a California Corporation By: (sign here) Michael Kootchick, President (print name and title) Date: By: 11 (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney (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 CAUsers elova \AppDala \ Local \MicrosoftWindows\INeICache\Content.Outlook \4MPESK55 \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 before me, eS-CS5 ICA iL)* VACtrlUeV" Nt)-kkgq Here Insert Name and Title of the Officer yvk personally appeared x CAL ooVt. 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VW*WWWWWWWWW.WWWWWWWWrIAAt JESSICA N. VILLANUEVA - Commission No. 2240091 g NOTARY PUBLIC - CALIFORNIA- 3 SAN DIEGO COUNTY Commission Expires May 23,2022 Place Notary Seal Above WITNESS my hand and official seal. Signature Signature of Notary Public 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 CT to Title or Type of Document:AA VAC.4,4114)eSS: 0€4:4°IiCr4l Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Corporate Officer — Title(s): E Partner — 0 Limited D General O Individual 0 Attorney in Fact O Trustee El Guardian or Conservator D Other: Signer Is Representing: Signer's Name: D Corporate Officer — Title(s): El Partner — D Limited ED General O Individual El Attorney in Fact D Trustee ID Guardian or Conservator D Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item 45907 4 CAUsers \etova1AppData \ Local \Microsoft \Wtndows INetCache \Content.OutlooM4MPESK55 \HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 15 AND 16, BLOCK 47 OF THE TOWN OF CARLSBAD, IN CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894. TOGETHER WITH THOSE PORTIONS OF MADISON STREET AND OAK AVENUE, ADJOINING SAID LOTS 15 AND 16, AS VACATED AND CLOSED BY RESOLUTION NO. 2008-038, OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, A COPY OF WHICH RECORDED FEBRUARY 19, 2008 AS FILE NO. 2008-0083860, OFFICIAL RECORDS.