HomeMy WebLinkAboutCDP 2020-0007; Terra Bella Development LLC; 2021-0495910; Hold Harmless Agreement/ReleaseDOC# 202 1-049591 0
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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
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.: 214-021-11-00
PROJECT ID: CDP 2020-0007
PROJECT NAME: Terra Bella Development
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 528-5A) 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), Terra Bella
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
damage to public improvements caused by any geological failure referred to in this agreement
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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.
///
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IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of ci (4 /yr, , 20 ).--(
OWNER(S)
Terra Bella Development, LLC, a California Limited
Liability Company
By:
Meng Xu, Managing Member
(print name and title)
Date: 0 6-/o
By:
(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.)
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State of California •
County of &kit) 910
On before me.
personally appeared
Here Insert Nan and Title oft Officer
0 10 45 K ti
Name(s) of Signer(s)
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document
Description o ached Document
Title or Typo of Do • ent:
Document Date:
Signer(s) Other Than Named Ab :
Capacity(les) Claimed by Signer(s)
Signet's Name:
0 Corporate Officer — _ _
0 Partner — 0 Limited 0 General
0 Individual 0 Attorney in
o Trustee 0 GuardiaConservator
0 Othet:
Signer is Representing:
gner's Name:
0 Corporate Officer — Title(s):
Partner — 0 Limited a Ge tAl
I3 I idual 0 A tney in Fact
0 Trust- 0 ardlan or Conservator
0 Other:
Signer is Represe
Numbei of ges:
JONSCOUI
COMM. # 2245614 NOTARY PURLIC-CALIFORNIA
m
SAN DIEGO COUNTY
MY CONIC UP. JuLY 4, 2022 "
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and c • rect.
WITNESS my hand and • ificlal seal.
Signature
Place Notary Soot ondfor Stomp Above Sig tur of Notary Public
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE S 1189
A notary public of 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.
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.
2019 NatIonni Notary Association
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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 5 IN BLOCK 24 OF LA COSTA DOWNS UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2013, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 6, 1927.
APN: 214-021-11-00