The URL can be used to link to this page

Home My WebLink AboutCDP 2017-0024; Veck Investment Properties LLC; 2021-0327461; Hold Harmless Agreement/ReleaseDOC# 2021-0327461 Hill I Apr 28, 2021 02:24 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $176.00 (SB2 Atkins: $150.00) 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.: 207-130-79-00 & 207-130-80- 00 PROJECT ID: CDP2017-0024 & CDP2017- 0025 PROJECT NAME: HIGHLAND JAMES HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 483-6D) 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) VECK INVESTMENT 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 1 QACED LandDcvl.PROJECTS1CDP1COP2017kCDP2017-0024 Highland James (Lot 2) - ChualS&AlHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 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. /// Q:\CED\LandDevPROJECTS\CDP\CDP2O17\CDP2O17-OO24 Highland James (Lot 2) - ChuatS&A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doe 01(25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of /*1 1 a""i "") ek- , 20 OWNER(S) VECK INVESTMENT PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY By: CHARLES S. SPECK, MANAGING PARTNER (print name and title) Date: /'4 Z-1 By: (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: tka-U 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 Q:\CEDIandDeNAPROJECTS)CDPICDP20171CDP2017-0024 Highland James (Lot 2)- ChuaIESSAHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 Place Notary Seal and/or Stomp Above tory Public 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: lic‘biierPithkt.S3 Mill-teS4NtAT itzttolICAL Document Date: Number of Pages: 3 Signer(S) Other Than Named Above: Capacitylies) Claimed by Signer(s) Signer's Name: CAIPtike4 WAN glaoK D Corporate Officer — Title(): 0/Partner artimIted 0 General O individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator 0 Other: _ _ Signe! Is Representing: Mfg,tU SMLAC-Nrf rkatiglida i L(4. Signer's Name: 0 Corporate Officer — Title(s): O Partner — 0 Limited 01 General O individual o Attorney in Fact U Trustee 0 Guardian or Conservator 0 Other: Signer is Representing! CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 0388€08081109b. 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 SAN 01E-60 On Mek RCA+ 2-02i before me, 61xxce Pixkt.AAm, tartri?-4 Neik , Do te Here insert Name and Tide of the Officer personally appeared cAtbdUk.5SS:N4 sItte-V Name(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 a nd.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. KATIE-GRACE PREMAN Notary Public - California San Diego County Commission # 2236808 My Comm. Expires air 2, 2022 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. Signature 02019 National Notary Association 4 CED1LanciDev‘PROJECTS1CDMGDP2017CDP2017-0024 Highland James (Lot 2) - ChuMB&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25(13 EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 1 AND 2 OF CARLSBAD TRACT CT 08-06, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16234, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 1, 2017. APN: 207-130-79-00 (LOT 1) AND 207-130-80-00 (LOT 2)