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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 1 Q:ICED\Admin\B&AIPROJECTSICT 2021.()()()5; ROW2022-0442; GR2022--0029 -Chinquapin Coastal Homes_A.McLIHOLD 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. /II /II /II /II /II /II /II /II /II /II /II /II /II /II /II Ill /II /II Ill /II Ill /II 2 Q:ICED\Admin\B&AIPROJECTSICT 2021-0005; ROVl/2022-0442; GR2022-0029 -Chinquapin Coastal Homes_A.McLIHOLD HARMLESS AGREEMENT GEOLOGICAL 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.) 3 Q:ICEO\Aamin\B&AIPROJECTSICT 2021-0005; ROW2022-0442; GR2022-0029 -Chinquapin Coastal Homes_A.McLIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.ace 01/25113 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 4 Q:ICED\Admin\B&AIPROJECTSICT 2021-0005; ROW2022-0442; GR2022.0029 -Chinquapin Coastal Homes_A.McLIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13