HomeMy WebLinkAboutPD 2021-0040; AB3 LLC; 2022-0466497; 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# 2022-0466497
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Dec 13, 2022 09:57 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.: 204-171-1 0, 204-171-11
PROJECT ID: PD 2021-0040
PROJECT NAME: 786 Palm Ave. -----------
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 534-4A) 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, 1/(We) AB3, LLC., 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
to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which
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Q.ICED\Admin\B&AIPROJECTSIPD 2021-0040-786 Palm Avenue_D RIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc0l/25113
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:ICED\Admin\B&A\PROJECTSIPD 2021-0040-786 Palm Avenue_D RIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc01/25/13
IN WITNESS,/ WHEREOF, the undersigned
{ day of _,_µ..:;.:..!Af,_,,__ ____ , 20'1i!::::--
has executed this instrument this
OWNER(S)
Albert Bertha, Managing Member
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By '~l(J~Qp
Senior Assistant City Attorney
City of Carlsbad
(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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Q.\CED\Admin\B&A\PROJECTSIPD 2021-0040· 786 Palm Avenue_D RIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc0l/25113
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 88lftll•-·-···--··-· .............. -, ........... "' ..... _ .................... .
[
A notary pub I JC or other officer com plct ;g this cert~icate verifies onl~ the identity of the 1nclivi<I ual who signed the document
to which this cert~irnte is ntt«ehe<I, nnd not the truthfulness. nccurncy, or vnlidity of t11.1t document.
--
State of Callfornlo
County of Sat\ ~,e,
On 11/4/'2.L
}
Dote
pe1sonally appca1ed Alb«-+
Name(s} of Signer(s/
who proved to me on the b,1s1s of s11tlsf11ctory evidence to be the person(s) whose n11me(s) ls/me subscribed
to the within lnst1ument ;ind 11cknowledged to me th,1t he/she/they executed tho ,,1me In his/her/their
iluthorlzed c11pnclty(les). nnd thnt by his/her/their slgnnture(s) on the Instrument the pe,son(sj, or the entity
upon beh11lf of which the person(s) acted, executed u,c Instrument.
CC W~L::7u: a a (
~otary ~ublic · C•liforni• (
~n Di~ County i
Commission # 22821 ii
My Cemm. E.xpir~s ~r 21, 2023
Place Notary Seal and/or Stomp Above
I rnrtlfy under PENAL TY OF PERJURY under the
lnws of the State of Cnllfor 111,i that t11e foregoing
paragruph Is t1ue rn1d correct.
WITNESS my h:ind :ind oiflcl;il se:il.
Slgnilturc -~----
Signatwe cf Notary Public
OPTIONAL
Completing this information con deter alteration of the document or
fraudulent rcattoc/Jmcnt of this form to cm unintended clocument.
Description of Attached Document
Title or Type of Documc•nt: __
Document Dnte:
Slgner(s) Ott1er Than Named Above:
Capacity(les) Clalmed by Signer(s)
Signer's Nnme:
o Corporate Officer --Title(s): ______ _
□ Partner -□ Limited □ General
D Attorney In Fact D lnctlvldual
D Trustee o Gmrdiiln or Conserviltor
, D Other:
Signer is Representing:
·2019 N,1tional Notnry Associntion
4
Number of Pages:
Signer's N,1me:
o Corpor,ite Offiw1 -Titlc(s): ___ _
D Partne, -D Limited D General
D Individual D Attorney in Fact
D Trustee D Gt1n1dim1 01 Conservnto,
D Otl1e1:
Signer Is Representing:
O:ICED\AdminlB&AIPROJECTSIPD 2021-0040-786 Palm Avenue_D RIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc01/25/13
EXHIBIT A
LEGAL DESCRIPTION
The land referred to herein below is situated in the County of SAN DIEGO, State of CALIFORNIA, and is
described as follows:
ALL OF LOTS 31 AND 32, IN BLOCK 44, OF THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888.
EXCEPTING THEREFROM, THE NORTHEASTERLY SEVENTY FEET, THE SOUTHWESTERLY LINE OF SAID SEVENTY
FEET BEING PARALLEL WITH FOURTH STREET.
Assessor's Parcel Number: 204-171-11 -00