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HomeMy WebLinkAboutCT 2017-0005; Jewel Development LLC; 2021-0138460; Hold Harmless Agreement/ReleaseDOC# 2021-0138460 111110111111111111111111111111111111111111111111111111111111111111 Feb 23, 2021 09:58 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 r- 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.: 203-130-25-00, 203-130-26-00 PROJECT ID: CT 2017-0005 PROJECT NAME: Grand West HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 514-3A) 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), Jewel Development, 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 1 OACEDIandDev\PROJECTSICTICT20171CT2017-0005-Grand West-Levy113 & ANEW OWNER HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 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. /// IXCEDNLandDev1PROJECTS\CMT20171CT2017-0005-Grand West-LevA13 & A\ NEW OWNER1HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY For APN 203-130-25-00: That portion of Lot No. 28 of Schell and Sites Addition to Carlsbad, in the City of Carlsbad, County of San Diego, State o California, as per Map thereof No. 2145, recorded in the office of the county recorder of San Diego County, February 20, 1929, described as follows: The Northeasterly one half of Lot No. 28 the Southwesterly line of which is parallel with and distant 54.60 feet Southwesterly from the Northeasterly line of the said lot no.28. For APN 203-130-26-00: The Southwesterly half of the Schell and Sites Addition to Carlsbad, in the City of Carlsbad, County of San Diego, State o California, as per Map thereof No. 2145, recorded in the office of the county recorder of San Diego County, February 20, 1929, the Northeasterly line of which is parallel with and distant 54.60 feet Southwesterly from the Northeasterly line of the said lot no.28. Jewel Development, C. a Calij ia ited Liability Company By: Eric d g - Manager (print name and title) Date: By: IN WITNESS WHEREOF, the undersigned has executed this instrument this 7th- day of .janticirj , Maj. OWNER(S) (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: 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.) 3 COCEDIandDeAPROJECTSlCTICT20171CT2017-0005-Grand West-Le/AB & ANEW OWNERIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 WITNESS my hand and offici I Signatu Signature of Notary Public 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 S!":4 n Di -ft c:7') Nc-3-4Q -Rik) t t On Of- - 202 before me,-Ti tr"-• Date Here Insert Name and Title of the Offic r personally appeared C -..- Name(s)-es 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. TINA LOVATO-WOODS Notary Public - California San Diego County Commission # 2333425 My Comm. Expires Sep 13, 2024 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:4-bAd, harc-ffireYt+Document Date: Number of Pages: °) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: -Ek-tc, Signer's Name: E Corporate Officer — Title(s): I— Corporate Officer — Title(s): L Partner — I— Limited L General L Partner — E Limited D General 17 Individual U Attorney in Fact E Individual U Attorney in Fact C Trustee El Guardian or Conservator I— Trustee _17_ Guardian or Conservator :›tOther: McLanc.A s L Other: Signer Is Representing: ©2014 National Notary Association www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Cl -2c2, Signer Is Representing: ; LL C,