HomeMy WebLinkAboutPD 2020-0046; Carlsbad Unified School District of San Diego County; 2021-0495914; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
DOC# 2021-0495914
1101 Hl II HIEN II III II HI
Jul 12, 2021 09:39 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 5
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.:
PROJECT ID:
PROJECT NAME:
207-241-01-00
PD2020-0046
Kelly Elementary School
Modernization
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 527-6A) 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, l/(We) Carlsbad Unified
School District of San Diego County, California, 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
COCECRLandDevlPROJECTSIPaPD 2020 \ PO2023-0046 Kelly Elementary School Modernization - Rick%13&AIHOLD 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.
///
COCEDILandDev1PROJECTSIKAPD 2020IPD2020-0046 Kelly Elementary School Modernization - RiclOB&AtHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.dac
01/25/13
By:
ON KEMP
Assistant City Attorney
City of Carlsbad
IN WITNESS WHEREOF, the undersigned has executed this instrument this
ZAp day of NACk\I , 20 71 .
OWNER(S)
Carlsbad Unified School District of San Diego
County, California
By:
(sign here)
(print narno,and title)
Date:
By:
(sign here)
Eric Dill, Assistant Superintendent, Business Services
(print name and title)
Date:
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
(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:ICECALandDev1PROJECTStPDTD 202011.02020-0046 Kelly Elementary School Modernization - Rick1B8A \HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc
01/25/13
ACKNOWLEDGMENT
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.
personally appeared 1 1**) i 11
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/sii&they executed the same in
his/lieritheir authorized capacity(ies.), and that by his/herftheir 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.
\CA-Vi '°"1-tq PUbik
(insf name and title of the officer) I
State of Califprnia
County of ( 'c) UjO
On rnal 014, 4C)-)1 before me,
•)'7, -17M7YWYT)11,77.131•7"reY)TYFY,
DOUGLAS DESJARDINS comm. #2319380 "
NOTARY PUBLIC-CAUFORNIA
SAN DIEGO COUNTY
COMM EXP RES JANUARY 19,2024 ->
WITNESS my hand and official seal.
Signature (Seal)
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of Sari Diego, State of California, described as follows:
LOT 79 OF LAGUNA RIVIERA SUBDIVISION, UNIT NO. 3, ACCORDING TO MAP THEREOF NO. 6304
FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ON FEBRUARY 26, 1969.
APN: 207-241-01-00