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HomeMy WebLinkAboutPD 2020-0036; La Costa Village Homeowners Association; 2021-0167103; Hold Harmless Agreement/ReleaseDOC# 202 1-0 1 671 03 111101 11111 11111 0111131111111 1111111111 11111 11111 11111 111111111111 Mar 03, 2021 04:14 PM 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.: 215-232-20 " PROJECT ID: PD2020-0036 PROJECT NAME: Plaza Bonita Slope Repair HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 527-3A) 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) La Costa Village Homeowners Association, a Home Owners Association, 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 CAUserslcfernIDesktoOSECURITI ES waiting on email to ApplicantIHOLD 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. /// II- I" III III III III M M III M III III III II- I" III III III III III III 2 CAUserstcterneesktopISECURITIES wailing on email to ApplicantIiHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 La Costa Village Homeowners Association, a Home Owners Association )..N11117/Ltc, (sign here) By: IN WITNESS WHEREOF, the undersigned has executed this instrument this 5 day of -SCun , 202\. OWN ER(S) R. J. Barberio, Vice President (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: IVA-t 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 CAUsersIcternlOesktop 't SECURITIES waiting on email to Applicant1HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 &lid Signature ignature f •tory Public CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who sig ned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of .5C....1*1 On bt O 207.-k before me, rcj jtr 47x1A-Citi,vatcbt.c... Date Here Insert Name and Title of the Officer personally appeared Nome(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. ftry.,L1.1 41. CONDALEEZZA COLAR t!.` PAS V . C. ,,OMM. #2281080 /3 110TM PU311C-CALIFORNHA W Sal D-.E.7iti COATY MY COPIA. EXF. MAR. 15. 2023'4 Place Notary Seal and/or Stamp Above OPTIONAL Completing this information car; deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: F:k 0141dR KIVOCIULAV (VcaMfartk DocumentDate • pr. 0, Number of Pages: 'D Signer Other Than Named Above: r\Or\a- Capacity(0) Claimed by Sipner(g) Signer's Name: g..,f.)0( eyAkvzsto frCorporate Officer — Title(s): o Partner — o Limited o General O individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator o Other: Signer is Representing: Signer's Name: 0 Corporate Officer — Title(s): o Partner — o Limited 0 General O Individual 0 Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: ©2019 National Notary Association 4 CAlserstfem1DesktopISECURITI ES wailing on email to ApplicanlIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION LOT 1 OF LA COSTA VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6621, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 14, 1970.