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HomeMy WebLinkAboutMS 2020-0003; 320 Hemlock LLC; 2021-0592421; Hold Harmless Agreement/ReleaseRECORDING 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 DOC# 2021-0592421 11111111111111111111111111111111 1111111111 lilll Hll l/111111111111111 Aug 19, 2021 02:05 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $26.00 (S82 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-240-40 .,-L-,--PROJECT ID: -M-S-20_2_0--0-0-03 _____ _ PROJECT NAME: Hemlock Coast Homes HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 530-5A) 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) 320 Hemlock, 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 O:ICED\LandOev\PROJECTS\MSIMS2020\MS2020-0003. Hemlock Coast Homes. Mclaughlln\B&AIHOLO 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 detennines 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill Ill Ill 2 Q:\CED\LandOev\PROJECTS\MS\MS2020\MS2020-0003 • Hemlock Coast Homes -McL.aughlin\B&AIHOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 IN WITNESS WHEREOF, 1-8 day of ::S-0 \ V APPROVED AS TO FORM: CELIA BREWER City Attorney Byrn.Lat RONKEMP Assistant City Attorney City of Carlsbad the undersigned , 20 2.\. OWNER(S) has executed this instrument this 320 HEMLOCK, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY: KMJ REAL ESTATE, LLC, AS THE SOLE MANAGER By: John H. Norum, Manager for KMJ Real Estate LLC (print name and title) Date: J / ?..$ / 7-o 7-l I By: (sign here) (print name and title) Date: (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 O:\CEDIL1lnd0..v\PROJECTS\MS\MS2020\MS2020-0003 -Hemlock Coast Homes -MclaugtlinlB&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or·otherofficer completing this certificate verifies onlythe identity of the individual who signed the document to which 1his certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California } County of Sa h Q1.eyo onS'c.tly :zi,~, beforeme.Tr!4lli> Hoh5fn.. 1'}o~v¥ f11,b l1 <-- Date ----<. h. iJ Here Insert Name ~Title of the Office; personally appeared -..J l) V\ '!]_. No r"' '11 Name(s) of Signer(s) who proved to me o. n the basis of satisfactory evidence to be the person(:i) whose namerf ;J,f! subscribed to the within Instrument and acknowledged to me tha~ey executed the same I ~ authorized capaclty(jpet, and that b~~lr slgna~~ <>n the Instrument the perso , or the entity upon behalf of which the perso~~. executed the Instrument. TRAVIS HOBSON COMM. #2209755 ..,, Notary Public•. Califotnia l'l San Diego County 1 , C~m~· fxJ?ir~ Au? 12: 202,1 I certify under PtNAL TY OF PtRJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal and/or Stamp Above Signature .....-,---VUv1 $ ~ +~~gnature of Notary Public OPTIONAL ---------------. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docume,,t, , 1 Title or Type of Document: __ {:::L'--'-'t>'-'f.__,,~..___,f/.c..µ.Dl._.Cwotrl~/,c..c~c...o$e....$"--_._lt_~.,,_-F-_',,t,_~_n,u,----"-~-'---·~-- Docume11tDate: I· '2--CS' • '2-0'l.-\ Number of Pages:--1'f.__ __ Slgner(s) Othar Than Named Above: ___________________ _ Capaclty(ies) Claimed by Slgner(s) Signer's Name: __________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle{s): ______ _ □ Corporate Officer -Tltle(s): ______ _ a Partner -□ Limited o General □ Partner -□ Limited □ General □ Individual □ Attorney In Fact □ Individual □ Attorney In Fact □ Trustee a Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2019 National Notary Association 4 Q:\CEO\LandDe\l\PROJECTSIMSIMS2020\MS2020-0003 • Hemlock Coast Homes -McLaughHn\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doe 01125113 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 NORTHEASTERLY 78 1/2 FEET OF THE SOUTHEASTERLY 105 FEET OF LOT TWO, BLOCK "R" OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924. APN: 204-240-40