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Home My WebLink AboutCT 2017-0006; 2569 Roosevelt LLC; 2021-0529923; Hold Harmless Agreement/ReleaseDOC# 2021-0529923 111101011111111111110111111111111111111111111011101N1110111111 Jul 26, 2021 11:09 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.: 203-101-35 -5sck PROJECT ID: CT2017-0006 PROJECT NAME: Roosevelt Townhomes ARAM HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 520-9A) 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) 2569 Roosevelt, 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 QACED1LandDev1PROJECTSICT1CT20171CT2017-0006 Roosevelt Townhomes RicklB&MHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25113 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. 2 OACEOlLandDev1PROJECTS1C-RCT20171CT2017-00C6 Roosevelt Townhomes - RickltB&AAHOLD HARML ESS AGREEMENT GEOLOGICAL FAILURE.cloc 01/25113 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of A F (2-)L , 20 2-\. OWNER(S) 2569 Roosevelt, LLC, a California Limited Liability Company By: ign here) Julian Alexander Tooma, CEO and Manager (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney RON K MP Assistant City Attorne 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 CIACECALandDetAPROJECTS1CTICT2017lCT2017-00C6 Roosevelt Townnomes - RicktB&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CONNIE NRADECKY co..# 2294091 m NOTARY PUNIC-CAUFOINIA ORANGE Couto Ite Cat Exp. JuLY 13, 20231 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 1 A aotarypublic or other officer completing this certificate verifies only the identity of the indiVidual who signed the document ' to which this certificate is aftached, and not the truthfulness, accuracy, or validity of that clOcument. State of faiforxiia 194 Ptif. LI It before me. :Dere 0'011000y appeared _ 14 het C., 6-C) ee-1641)) lattkril 1:14:0.0sert Name anCt.Tille Of t OffiCer Nome?* x , ,, ignelfs' 37014...\ GA, Psi -e e..{- lExt-vb.ot . , who proved to me on the basis ofSatisfactbN'OAdence to be the person whose narne(y) isiolos.) subscribed to the within instrument and acknowledged that he/al:le/ft-ray executed the same in his/her/their authorized capacityyee), and that by his/leiMet ,signatureA on the instrument the personr, or the entity upon behalf of which the persor cteci, executed theinstrUment. *I certify under PENALTY OF PERJURY under the laws of the State of California that the foregOing paragraph is hue and correct. WITNESS my hand and official Seel. Signature Piece ivotoreltradlot:Startp,Above Signature of :Notary Public 'OPTIONAL Compiegne fhls'information can deter alteration of the document or fraudulent mafiachment of this form to an unintended document. Description of Attached bocument Title "of Typo of Document: Document Date: Signer(s) Other Than Named Above: Numberof Pagw. C:apatityttes) Claimed by Signens) Sidner'!-Narne: 0.0arporate Officer — MON: ri Farmer 17 Limited 0 General 0 Individual 0 Attorney in Pact o Trustee 0 Guardian or Conservator F.3 Other: Signer is Representing: $igner's Name: O. CorpOrate Offter Titie(s): a : Partner — 0 Limited 0 General 10 IndIVIOLOI 0 Attorney in Pact 0 Trustee 0 Guardian or Cons:an/Met 0 Other: !Eigner Isi1Z prOSprftlnig.. -mistime* 02019 National Notary Asseciation 4 10E DitandDeAPROJECTSICTICT20171CT2017-0006 Roosevelt Townhomes - Rick1B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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: THE NORTHWESTERLY HALF OF THE NORTHEASTERLY HALF OF LOT 22 OF SEASIDE LANDS, EN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: THE MOST EASTERLY PORTION, 8 FEET IN WIDTH, ALONG THE EASTERLY BOUNDARY OF SAID LOT BEARING NORTH 34° 33' WEST AND 62.165 FEET IN LENGTH, AS GRANTED TO THE CITY OF CARLSBAD ON DOCUMENT RECORDED JUNE 28, 1991 AS INSTRUMENT NO. 1991-031605, OF OFFICIAL RECORDS APN: 203401-35-00