HomeMy WebLinkAboutCT 2021-0005; 330 Chinquapin LLC; 2023-0112575; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Cler1<
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2023-0112575
I lll/1111111 IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
May 01, 2023 09: 1 e AM
OFFICIAL RECORDS
JORDAN z MARKS
~:~s°IEGO COUNTY RECORDER
· $O.OO (S82 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 206-020-11-00 -----------PROJECT ID: CT 2021-0005 ':)Sbi.. PROJECT NAME: Chinguapin Coastal Homes
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 538-7A/CT 2021-0005)
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)
330 Chinquapin 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
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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.
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FAILURE.doc 01/25/13
IN WITNESS WHEREOF, the undersigned has executed this instrument this ~ day of
Mrl-s, H-, 20'21> . ' --
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
.,lJ~A~ R KEM
Senior Ass~ttorney
City of Carlsbad
OWNER(S)
330 Chinquapin LLC., a California limited
liability company,
As Owner
By: 330 Chinquapin Manager LLC., a
California limited liability company,
As Manager
By:
Date:
By: Rincon Capital Group LLC., a
California limited liability company,
Its Sole Member
Kevin Dunn -Managing Member
(print rm• and title)
~t"'tl -Z.,7
(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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EXHIBIT A
IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
NORTHEASTERLY HALF OF LOT 3 IN BLOCK "S" 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, THE SOUTHWESTERLY BOUNDARY LINE THEREOF BEING PARALLEL WITH AND
DISTANT 70.00 FEET SOUTHWESTERLY FROM NORTHEASTERLY BOUNDARY LINE OF SAID LOT.
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 S ._,,._ t) \ It. 0 }
On '3\ t"\Mt,"' 20'2..> beforeme.~°'""'i\.\... T"""'°'->1• \,\o...rv~-,., Noto...r1 r~\,t ,
Date V \ Here Insert Nrfme and Title of the Officer
personally appeared _r--__ 1t._v_\'-"'---'f>'----._-\--'-'r_,'-c.._.-'--"--""t)_'-.\---'--"'-"'--=-------------
Name(s) of Slgncr(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.
PATRICK TAMAYO HARVEY l
COMM. #2401618 z
Notary Public -California ~
San Diego County ...
Comm. Ex ires , 21, 2026
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.
Place Notary Seal and/or Stomp Above
Signature 1~ "9L, ~~
Signature of No Public
OPTIONAL
Completing this informotion can deter alteration of the document or
fraudulent reattachment of this form to an unintended document
Description of Attached Document
Title or Type of Document: _________________________ _
DocumentDate: ____________________ Numberof Pages: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capaclty(les) Claimed by Slgner(s)
Signer's Name: ___________ _ Signer's Name: ___________ _
□ Corporate Officer -Tltle(s): ______ _ □ Corporate Offtcer -Title(s): ______ _
□ Partner -□ Limited □ General □ Partner -□ Limited □ General
□ Individual □ Attorney In Fact □ lndlvldual □ Attorney In Fact
□ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator
□ Other: □ Other:
Signer Is Representing: ________ _ Signer Is Representing: ________ _
0 2019 National Notary Association
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