HomeMy WebLinkAboutCUP 2017-0009; Stellar Properties LLC; 2021-0011011; Hold Harmless Agreement/ReleaseDOC# 2021-0011011
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Jan 07, 2021 10:22 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.: 211-030-27, 211-030-28
PROJECT ID: CUP2017-0009
PROJECT NAME: ECO-Friendly Auto Spa
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 517-2A) 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) Stellar Properties,
LLC, a California 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
damage to public improvements caused by any geological failure referred to in this agreement
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QACEOlLandOcMPROJECTS1CURCUP 17lCUP2017-0009 Toyota Carsbaci - Eco-Friendly Auto Spa - RickIB&A\ HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE doc 01/25113
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.
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QACED1LandDevIPROJECTS1CURCUP 17lCUP2017-0009 Toyota Carlsbad - Eco-Friendly Auto Spa - RiclOS&AIHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doo 01/25/13
IN WITNESS WHEREOF, the undersigned has executed this instrument this
/.5 jr"-Th day of , 20 Qs.
OWNER(S)
Stellar Properties, LLC, a California limited liability
company
By: Q • t9-v* NJ-6 • C----t"v1.."--
(sign he)
Judith A. Jones-Cone, Sole Member
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By: inidj RON KEMP
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.)
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OACECALandDe,APROJECTS1CURCUP 171CUP2017-0009 Toyota Carlsbad - Eco-Friendly Auto Spa - Rick1B&AlHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01325113
State of California
County of _6ektiLiie_yo
On
personally appeared
before rne,
No ) of Signals)
' ere Insert Name a Title of the Officer 1. 5 -
T MIMS
Moiety Puts* • Ca9telret
San Diego cototity
CommAsto / 2169746
sv Comm. E5 s Oct ?1 2320
Place Notary Seal and/or Stamp Above
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:
SIgner(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
0 Corporate Officer — Title(s):
O Partner — a Limited 0 General
O Individual 0 Attorney in Fact
O Trustee 0 Guardian or Conservator
0 Other:
Signer's Name:
0 Corporate Officer — Title(s):
o Partner — o Limited 0 General
0 Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
0 Other:
Signer is Representing: Signer is Representing:
Number of Pages:
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
r
t
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
owhich 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(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.
Sig Lrf:rr a-45 1-012
Signature of Notary Public
OPTIONAL
02019 National Notary Association
4
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FAILURE.doc 01125./13
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THE NORTHWESTERLY HALF OF THE NORTHEASTERLY HALF OF LOT 22 OF SEASIDE LANDS, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MI I LER LtC).F. 2.No
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921.
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
THE MOST EASTERLY PORTION, 8 FEET IN WIDTH, ALONG THE EASTERLY BOUNDARY OF SAID LOT
BEARING NORTH 34° 33' WEST AND 62.165 FEET IN LENGTH, AS GRANTED TO THE CITY OF CARLSBAD ON
DOCUMENT RECORDED JUNE 28, 1991 AS INS:RISME-NT NO. 1991-C3 i 6665, OP Of HUAI RECORDS
APN: 203-101-35-00