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HomeMy WebLinkAboutSDP 2018-0020; BG Consolidated LLC; 2021-0392988; Hold Harmless Agreement/ReleaseDC)C# 2021-0392988 Inli11111 11111 I HIM II 1 1 II 11111 11111 IU 111111N May 25, 2021 10:05 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: S0.00 (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.: 204-091-13 —7(7' PROJECT ID: SDP2018-0020 PROJECT NAME: 540 Chestnut Ave HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 523-6A) 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) BG Consolidated, 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 1 OACEONLandDeAPROJECTS‘SDPISDP 181SDP2018-0020 540 Chestnut SFR - RicklB&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FA1LURE.doc 01/25/13 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. /// QACEDILandDe APROJECTSISDPISDP 181SDP2018-0020 540 Chestnut SFR - RicklS&AlHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 IN WITNESS WHEREOF, the undersigned has executed this instrument this 2-t. day of Jae\ va , 202-t OWNER(S) BG Consolidated, LLC, a California Limited Liability Company By: (.) 1\ (sign here) Tom Gaeto, Managing Member (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney ON 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 QACEDILandDevIPROJECTS1SDPISDP I BISDP2018-0020 540 Chestnut SFR - Rick\ B&A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILNRE.doc • 01125113 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 - Doc ument Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Corporate Officer —Title(s): O Partner — D Limited 0 General O Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator o Other: Signer is Representing: Signer's Name - o Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General •Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: CALIFORNIA 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 lY \ on Ok .2-41r0-2. - before me, Date personally appeared \ DIY\ t\S 1\, LA. W-414/11 VOA (L , Here Insert Name anc) Title of thelOfficer 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 and acknowledged to me that he/she/they executed the same In his/her/their authorized capacIty(les), 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. LISA GARCIA Notary Public - California San Diego County Commission if 2301704 My Comm, Expires Aug 17, 2023 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 Place Notary Seal and/or Stamp Above Signature of Notary Public ©2019 National Notary Association 4 OACED1LandDe+APROJECTS1SDRSDP 181SDP2018-0020 540 Chestnut SFR - Rick1B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00127344-996-SD1-RT4 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: LOT 32 OF BLOCK 30 OF CARLSBAD TOWNSITE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775. FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894. APN(s): 204-091-13-00 CLTA Preliminary Report Form — Modified (11/17/06) Page 4