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HomeMy WebLinkAboutMS 2018-0012; Cherry KMA LLC; 2023-0026013; 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# 2023-0026013 111111111111 1111111111 1111111111 11111111111111111111 lll1111111 11111111 Feb 01, 2023 09:45 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-231-07-00 PROJECT ID: _M_S_2 __ 0..,..18.,..--o-=-01c-:2:------- PROJECT NAME: Three on Cherry 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) Cherry KMA, 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 Q:ICED\Admin\B&AIPROJECTS\MS 2018-0012: GR2021-0011-Three on Cherry_E.EIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 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 I II Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:\CED\Admin\B&A\PROJECTSIMS 2018-0012; GR2021-0011-Three on Cherry_E.EIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ~q day of Oece""\:Jev , 20?..?. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: WJP~ Senior Assistant City Attorney City of Carlsbad OWNER(S) By: Date: By: C., a California limited liability ( h e llL-- '"" ~ 'L 2.A. c.,a.. f-> p~ v- David M . Me2:eoappo -Member (print name and title) /2'2-7 -z...z_ Jeffery T. White -Member (print name and title) Date: /.l. -J., -;lo)..)- NOTARY CERTIFICATE Art'ACHED (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\Admin\B&A\PROJECTSIMS 2018-0012; GR2021-0011-Three on Cherry_E.E\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 _S_a_n_D_ie--=g'-o ______ _ On December 27th, 2022 before me, Christine M. Copeland, Notary Public (Here insert name and title of the officer) personally appeared David M. Mezzacappa who proved to me on the basis of satisfactory evidence to be the personW whose name(J5 is/at:t subscribed to the within instrument and acknowledged to me that he/~e/,they executed the same in his/l)trhpeir authorized capacity(i_9S), and that by his/hµ/tl)eir signature0 on the instrument the person~), or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. l1!!!i!!i~..:1U-~ (Notary Seal) ........ l CHRISTINE M. COPEL.AMO Notary Public -California : San Diego County ~ Commission # 23◄ 7016 y Comm. Expires Feb 15, 2025 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Hold Harmless Agreement Geological (Title or description of attached document) Failure Parcel No: 204-23 1-0700 (Title or description of attached document continued) Number of Pages _4 __ Document Date 12/27/2022 (Additional information) CAPACITY CLAIMED BY THE SIGNER lii!i Individual (s) □ Corporate Officer (Title) □ Partner(s) □ Attorney-in-Fact D Trustee(s) D Other ____________ _ 2008 Version CAPA vl2. I0.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and al/ached to that document. The only exception is if a document is to be recorded 0111side of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and auach this form if required. • State and County infonmation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fonms by crossing off incorrect fonms (i.e. lle/she/lfley;-is /are) or circling the correct forms. Failure to correctly indicate this infonmation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area pennits, otherwise complete a different acknowledgment fonm. • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional infonmation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 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 \J e rrrur-r;.. } On -~l<t-~---M~-~ ?.-a, ___ before me, A \ej,t n~ ~mvo J NO""t71..!'.!{ P,}t,\·,c:, Date Here Insert Name and Title of the Off/tel personally appeared ___ 1-=-e=~-'--~-'--'-'<.,.e-'1~'---1.e-..• ----'\N'--'-'V1~1~+~e.__ ___________ _ Name(s) of S/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. 1············~ , • . • ~ ~ANDRA BRAVO : ia-...... ,._ ; Motary Public • talifornia : ;! 0 -• -Ventura Coonty ~ I ~ , -." -Commission # 2390721 I :.;;,o••'• My Comm. Expires Jan 13. 2026 :U OU WU U 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 correct. WITNESS my hand and official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Documen\ Title or Type of Document: ~l+-_6~\-d~_)-\:i,~~"~Wl~lt.s.~S~-¾--+~~-l'l"Q~l\+_~~t>\_0_1,__i_c_c:.~\_-tz.1~i_lu_re._ DocumentDate: '\'2-.;l."1-?-'l-Numberof~ages: ~ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ o Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Partner -o Limited o General o Individual o Attorney In Fact o Individual o Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator D Other: o Other: _____________ _ Signer Is Representing: ________ _ Signer ts Representing: ________ _ ©2019 National Notary Association 4 Q:\CED\Admln\B&A\PROJECTS\MS 2018-0012; GR2021-0011-Three on Cherry_E,E\HDLD HARMLESS AGREEMENT GEOLOGICAL FAILURE,doc 01/25/13 File No: 321317889 EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT "G" IN BLOCK 1 OF PALISADES HEIGHTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1777, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11, 1924. ASSESSOR'S PARCEL NUMBER: 204-231-07-00 CLTA Preliminary Report Form -Modified (11-17-06) Page 3