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HomeMy WebLinkAboutSDP 2016-0001; RAF Group Lot 24 LLC; 2017-0350285; 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# 2017-0350285 1111111111111111111111 IIII IIIIII 111111111111111111111111111111 IIII IIII Aug 02, 2017 03:26 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $27.00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 209-120-26-00 -----------~ PROJECT ID: SDP 2016-0001 PROJECT NAME: Carlsbad Oaks North Lot 24 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 502-3A) 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) RAF Group Lot 24, LLC, a Delaware 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 1 \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 16\SDP 2016-0001-Carlsbad Oaks Lot 24\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 Ill 2 I\FILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 16\SDP 2016-0001-Carlsbad Oaks Lot 24\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 ~ WITNESS WHEREOF, the undersigned Jlo dayot __ \)¥.....,~""'"":----·20..rl has executed this instrument this APPROVED AS TO FORM: CELIA BREWER City Attorney By~~ RONKEMP" Assistant City Attorney City of Carlsbad OWNER(S) RAF Group Lot 24, LLC,,a Delaware limited liability company By: RAF Pacifica Group - D pmen l,LLC, a California limited ility com Member By: Adam Robinson, Manager (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.) 3 \IFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 16\SDP 2016-0001-Carlsbad Oaks Lot 24\Bonds and Agreements\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 -:'.::)oo V lo e 9 0 ) / On ~(A~ 1.-~. l 0\ 7 before me,0::x&, I {\ (A L-D t'. ht C \-ic 6 YI 't V ,Yo 'in ry .~/ b ) c_ Date (\ I O -~ \r Here Insert Name and Title of th~Officer personally appeared ~\. 0.. 1/\,1 ~J ,Ji ,/'\.. ::s O a Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso~whose nam~ isl-ere-- subscribed to the within instrument and acknowledged to me that h1:1/sl 1e/tl 1ey executed the same in his/li~uthorized capacit~, and that by his~ir signatur~ on the instrument the perso~ or the entity upon behalf of which the perso~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of C ifornia that the foregoing paragraph :,;~·.;~d;;""n'li!,doffidals~~/f/, // l)]1{tJi(I, -;::ftA 1/iib:/, Signatu, ..,...,==-,.'+-,A:,..,:..::'------'i'l'---4----=-----~'-- SABRINA ZOE MCCHES~!(y~~ Commission ti 2060339 Ii:: Notary Public -Caiifornia ~ z . , ,;,~ San Diego County ~ ~ ,;-.,,,, My Comm. Expi(e~_ Mar(l,_ 2n1 ~ ~-;---~'W~-v1••,~ •• P~rw__,;;~_;;:-:>,_,--'-. Place Notary Seal Above ---------------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 Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual DTrustee D Attorney in Fact D Guardian or Conservator D Other: _______________ _ Signer Is Representing: _________ _ Named Above: _____________ _ Signer's Name: _____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______________ _ Signer Is Representing: _________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \IFILES01V\Departments\CED\LandDev\PROJECTSISOPISDP 16\SDP 2016-0001-Carlsbad Oaks Lot 24\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 Order Number: LJ-5112454 (06) Page Number: 9 z_y/21bit ~ 1' LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 24 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, IN THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 13, 2016. APN: 209-120-26-00 First American Title