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HomeMy WebLinkAboutSDP 16-12; Affirmed Housing Group Inc; 2020-0473980; Hold Harmless Agreement/ReleaseDOC# 2020-0473980 1111111111111111111111111111111111111111111111111111111111 Aug 21, 2020 10:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $176.00 (SB2 Atkins: $150.00) 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.: 204-192-05 and 06 PROJECT ID: SDP 16-12 PROJECT NAME: Carlsbad Veterans Housing HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 523-4A) 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, 1/(We) Affirmed Housing Group, Inc., a Delaware 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 Q: \GED \ LandDev\ PROJECTS \ SDP \SDP 16 \ SDP 16-12 Harding Street Veterans Housing - Rick\ 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q: \ CED \ LandDev\ PROJECTS \SDP \SDP 16 \SDP 16-12 Harding Street Veterans Housing - Rick \B&A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 B • 'RON K P Assistant City Attorney City of Carlsbad IN WITNESS WHEREOF, the undersigned has executed this instrument this 24 day of 10.1 , 2010. OWNER(S) Carlsbad Veteran Housing, L.P., a California limited partnership By: Affirmed Housing Group, Inc., a Delaware Corporation By: (sign ere) a Silverwood, President (print name and title) Date: 1 By: (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 a \CED \LandDev\ PROJECTS\SDP \SDP 16 \SDP 16-12 Harding Street Veterans Housing - Rick \B&A \HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 BRYNA GEARY Notary Public - California z San Diego County Commission # 2248542 - My Comm. Expires Jul 1, 2022 Number of Pages: gnature of No ry Pu Signature OPTIONAL Completing this information can deter alteration of the document or audulent reattachment of this form to an unintended document Place Notary Seal and/or Stamp Above Description of Attached ment Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General 1=1 Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer is Representing: Signer's Name: 0 Corporate Officer — e(s): 1=1 Partner — LI Limited 0 eral 1=1 Individual LI Attorn in Fact LI Trustee 0 Guardian or nservator 0 Other: Signer is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 , egf..WAEtfIVEregM -6.Eg'imnEffee, 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 San Diego On July 21, 2020 before me, Bryna Geary, Notary Public Date Here Insert Name and Title of the Officer personally appeared James Silverwood 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. WITNESS my hand and official seal. ©2019 National Notary Association EXI-AIBIT A LEGAL DESC * PARCEL B: THE NORTHWESTERLY 63.44 FEET OF THE SOUTHEASTERLY 95.15 FEET OF LOT 4 IN BLOCK "B" OF THE RESUBDIVISION OF A PORTION OF ALLES AVOCADO ACRES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2027, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1927. APN: 204-192-05-00 PARCEL C: LOT 3, EXCEPTING THEREFROM THE SOUTHEASTERLY 68.27 FEET THEREOF, AND SOUTHEASTERLY 31.71 FEET OF LOT 4, ALL IN BLOCK "B" OF THE RESUBDIVISION OF A PORTION OF ALLES AVOCADO ACRES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2027, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1927. EXCEPTING THEREFROM THAT PORTION GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 7, 1967 AS FILE/PAGE NO. 16496 OF OFFICIAL RECORDS. APN: 204-192-06-00