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HomeMy WebLinkAboutSDP 2019-0014; EF Faraday Carlsbad LLC; 2020-0554346; Hold Harmless Agreement/ReleaseDOC# 2020-0554346 1111111111111111111111111111111111111111111101111 Sep 21, 2020 11:24 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.: 209-121-01 PROJECT ID: SDP2019-0014 PROJECT NAME: Carlsbad Oaks Lot 2 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 523-9A) 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) EF Faraday Carlsbad LLC, a California Limited Liability Company, as Record Owner, By: Meridian Properties Real Estate Inc., a California Corporation, Manager, 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 1 CL\CED LandDev PROJECTS \SDP \SDP 19 \SDP2019-0014 Carlsbad Oaks North Lot 2- McLaughlin\ B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 523-9A.doc 01/25/13 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 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 19\ SDP2019-0014 Carlsbad Oaks North Lot 2- McLaughlin \ B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 523-9A.doc 01/25/13 By: N KEMP Assistant City Attorne City of Carlsbad IN WITNESS WHEREOF, the undersigned has executed this instrument this or,<7 day of rULy , 20 Z6? OWNER(S) EF Faraday Carlsbad LLC, a California Limited Liability Company, as Record Owner, By: Meridian Properties Real Estate Inc., a California Corporation, Manager By: Michael Kalscheur, President (print name and title) Date: 7—c9 LC' 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 Q: \CED \LandDev \PROJECTS \SDP \SDP 19 \SDP2019-0014 Carlsbad Oaks North Lot 2 - McLaughlin \ B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 523-9A.doc 01/25/13 CIVIL CODE § 1189 CALIFORNIA ACKNOWLEDGMENT State of Callfor .,... 61 County of On (9‘i 031_ '-"before me, ate personally appeared il(Le,k6 .€ ,Not-akcRJoit ( He Insert ( Are and Title of this Officer set Name(s) of Signer(s) .-476DI V. 71%.4.-1 ' 4 COMM # 2212402 g NOTARY PUBLIC IP CAUFORMA SAN DIEGO COUNTY :4 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. 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 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(t) Is/ate-subscribed to the within Instrument and acknowledged to me that heisheAktey executed the same in his/b‘aAluglr authorized capacIty(0, and that by his/Ix/Ai/dr signature((on the Instrument the person(s), or the entity upon behalf of which the persoilp) acted, executed the instrument. WITNESS my hand an official seal. Place Notary Seal and/or Stamp Above I akfill Sig natural/VW' '1.'""' Signature of Notary Public 02019 National Notary Association 4 a \CED \LandDev\ PROJECTS \SDP \SDP 19 \ SDP2019-0014 Carlsbad Oaks North Lot 2- McLaughlin \ B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 523-9A.doc 01/25/13 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 DocumentDate: Number ofPages• Signer(s) Other Than Named Above. Capacity(les) Claimed by Signer(s) Signer's Name: o Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General o individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Signer's Name: o Corporate Officer — Title(s): O Partner — 0 Limited 0 General • individual 0 Attorney in Fact o Trustee 0 Guardian or Conservator o Other Signer Is Representing: EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 2 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE I, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14926, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 15, 2004. APN: 209-121-01-00