HomeMy WebLinkAboutMS 2018-0010; Fuerte Holdings LLC; 2022-0130794; 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# 2022-0130794
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Mar 24, 2022 10:58 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins $0 00)
PAGES 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-370-28-00
PROJECT ID: MS2018-0010
PROJECT NAME: ----'E"'L~F'-U~E"'R-'-T~E=--=-S'-FR~----
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of an improvement plan (DWG 522-8) 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) C2
FUERTE HOLDINGS, LLC, a Utah 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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Q:ICED\LandDev\PROJECTS\MSIMS2018\MS2018-0010 El Fllerte View SFR -R"ck\8 & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113
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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Q \CED\LandDev\PROJECTS\MS\MS2018\MS2018-0010 El Fuerte View SFR Rick\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01125/13
J-f....N WITNESS WHEREOF, L/ day of /J, o '(e,,,.. W
APPROVED AS TO FORM
CELIA BREWER
City Attorney
By !QUMPUf'
Assistant City Attorney
City of Carlsbad
the undersigned
, 20-1J,
OWNER(S)
has executed this instrument this
C2 FUERTE HOLDINGS, LLC, a Utah Limited
Liability Company
BY: Haven Development, LLC
By: (YJ~
(sig~
Chad Clifford, Managing Member
(print name and title)
Date:
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.)
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O:\CED\LandDev\PROJECTSIMS\M$2018\MS2018-0010 El Fuerte View SFR Rick\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
••-•-fOOMWPOt?Be.JllliQ -MIISW-■KtMiftPOOOOPJn tCNQ:Y?Ul_...trrr '.JQfJII ..
A notary public or other omcer completing this ce1rncate verif1Cs only the identity of the Individual who signod the document
to which this certtticate Is attached, and not the truthfulness, accuracy. or validity of that document.
St.;te of Colifornl~ ~, } County of LJl'!uq LJ~
On -AloV, /i'-~'--oefo1e me, Ash Nickle, Notary Public ____ ,
Dote r '· "· I t---( (' ✓-1.e'Ji1srr1 Nome 011d Tlrle of the Off/car
pcrsonally Appeared ~.,,.\) \...blq ~r-C [~f
/ Nome(s) of Slgner(s)
who proved to me on the basis of satisfactory evidence to be the pcrson(~hose namet,j-ls/.i,e-sub$crlbcd
to the within Instrument and acknowledged to me that he/s~ey executed the snme In h~
authorized c.1pacltyftt!st, and that by hls/~r slgnature(!j"un the Instrument the person(Cj,or the entity
upon behalf of which the pers~cted, executed the Instrument.
ASH NICKLE '1
COMM.# 2339548 {
IIOT~RY PUSUC-CAUFORIIIA /fJ
SMI DIEGO Cov,m -Mr Covu. Ex?. J~•,. J. 202:6 _.
Place Notary Seo/ ondlor Stomp Above,
I certify under PENAL TY OF PERJURY under the
laws of the State of <:alifornla that tl10 foregoing
paragraph Is true and correct.
WITNESS my hand and offlclal seal.
Signature
OPTIONAL
Completing this information can deter alteration of the document or
ftoudulent reattachment of this form to cm unintended clocumenl
Description of Attached DocumeU / j
Title 01 Type of Document: LJJ)J_
Document Date:
Slgncr(s) Other Than Named Above:
Capaclty(ies) Claimed by Slgner(s)
Signer's Name:
o Co1porate Officer -Tltle(s):
o Partner -□ Limited □ Genc1al
o lndlvlduill o Attorney In F;:ict
o Trustee o Guordlon or Conscrvatm
o Other:
Signer Is Representing: ________ _
try<e>mJl--fuo. 6,;l,17'
Number of Pngcs·
Signer's Nome: _
□ Co1porate Officer -Tltle(s):
o Partner -o Umllcd □ Generi'll
□ lndlvldunl o Attorney In Fact
o Trustee o Guo,dlon or Conse1votor o Other: _____________ _
Signor Is Representing: ________ _
0001•• , i : !!HI
,02019 Notional Notary Association
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EXHIBIT A
LEGAL DESCRIPTION
Real property In the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT 552 OF LA COSTA MEADOWS UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7076, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 16, 1971.
APN: 215-370-28-00