HomeMy WebLinkAboutPD 2021-0021; 3460 Roosevelt LLC; 2022-0335316; 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# 2022-0335316
1111111111111111111111111111111111111111111111111111111111111111111111
Aug 19, 2022 09:59 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $0.00 (S82 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 204-172-35 -----------PROJECT ID: PD2021-0021
PROJECT NAME: 3460 Roosevelt SFD
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 531-4A) 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, I/(We) 3460 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
0:ICEO\LandDev\PROJECTS\PDIPD 2021\PD2021-0021 3460 Roosevelt SFD\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
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.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
2
Q:ICED\LandDev\PROJECTS\PD\PD 2021\PD2021-0021 3460 Roosevelt SFDIB&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
I Q,~ WITNESS YHEREOF,
{ day of '-.J ,,, /
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By ~KlP ~
Assistant City Attorney
City of Carlsbad
the undersigned has executed this instrument this
,20 2.~-
OWNER(S)
3460 Roosevel
Company
By:
Craig Correll, Manager
(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.)
3
Q:\CED\LandDevlPROJECTSIPDIPD 20211PD2021-0021 3460 Roosevelt SFD\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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.
State of California } .... , .,..,,,~,-County of _,,,::i..,_,rvc..::.... _ __::__---'-,.;:;~-=-=------
On -----"Q_Ul',-=---,/t t-L/---<-o/_14_Jo_l/.. __ before me, ~ ~
J Date ~ Here Insert Nome and Title of the Officer
personally appeared _ _,.,=--/2..A-__ 1_6-__ ~t:,o __ lt._l!.E __ (.,.._L. _____________ _
Nome(s) of 5/gner(s) ------
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed
to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their
authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the Instrument.
•,,':g_,"; e ~l ~A ;AV7D;:L:117z ft ~
Notary P~biic • Califor~ia z
San Oie\jo CoL~ty ~
Commission:; 2389660
y Comm. Expires Jan 5, 2026
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph Is true and co ct.
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of tliis form to an unintended document
Description of Attached Dof{::/d /tt, ,,,.,.t_,,. ~A /~
Title or Type of Document: ~~~-~-'"-~f.!-~•_.. __ ~.L.J.,A,.~ 1 &ti
DocumentDate: _____________________ Num erof Pages: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capaclty(les) Claimed by Slgner(s)
Signer's Name: ___________ _
o Corporate Officer -Tltle(s): ______ _
o Partner -o Limited o General
D Individual
o Trustee
□ Other:
o Attorney In Fact
o Guardian or Conservator
Signer Is Representing: ________ _
Cl:)2019 National Notary Association
4
Signer's Name: ___________ _
o Corporate Officer -Title(s): ______ _
□ Partner -o Limited o General
□ Individual o Attorney In Fact
o Trustee o Guardian or Conservator
□ Other:
Signer Is Representing: ________ _
Q:ICEDILandOevlPROJECTSIPDIPD 2021\PO2021-0021 3460 Roosevelt SFDIB&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
.. •
EXHIBIT A
The real property in the City of Carlsbad, County of San Diego, State of California, described as:
Lot Five (5) in Block 43 of the Townsite of Carlsbad, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 775, filed in the Office of the Recorder February 15, 1894.
APN: 204-172-35