HomeMy WebLinkAboutSDP 2018-0004; BNR Investment & Development LLC; 2023-0148279; 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# 2023-0148279
1111111111111111111111 111111ll11 111111111111111 IIIII IIIII IIIII IIII IIII
Jun 07, 2023 11 :35 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
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.: 216-300-12-00, 216-300-13-00
PROJECT ID: SOP 2018-0004 ::,)bi.. PROJECT NAME: Romeria Pointe Apartments
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 534-1A) 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) BNR Investment &
Development, 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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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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Wl0tjS WHEREOF, the undersigned has executed this instrument this Z.3 day of
I 20-22>
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By ~KE~P Of
Senior Assistant City Attorney
City of Carlsbad
OWNER(S)
BNR Investment & Development, LLC., a California
limited liability company l
By ;;/Jjcx ~-
(sign1,ere)
Date:
By:
Date:
Nilesh Desai -Managing Member
(
(print name and title) "'.\..
S~IL f'J~', ~hrv1~J
(sign here)
(print name and title)
(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
LOTS 393 AND 392 OF LA COSTA SOUTH UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6600, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 10, 1970.
ASSESSOR'S PARCEL NUMBER: 216-300-12-00 AND 216-300-13-00
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 o }
County of to.~
On aslii/io1,3 before me, Meoc-h'c,kl ~r,tl(d 0,,t Kl,'11, rt~~ ~7
Date 0 ,'lKl~ ~e ~
1
sert Name and Title af the Officer
personally appeared ____ __.~'-=-"-·'-,::..o'""'-... 'l}......,__~_,,_.._,..., "-----------------
Name(s) of Signer(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.
AXFIELD SAMUEL CONKLIN
Notary Public -California .,.
Orange County ~
Comm1ss1on # 2402719
My Comm Expires May 1, 2026
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of Callfornta tha he foregoing
paragraph Is true and correct.
OPTIONAL -------+,f-----------,
Completing this information 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: ___ _
Signer(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 lndlvtdual o Attorney In Fact o lndlvtdual o Attorney In Fact
o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator
o Other: o Other: _____________ _
Signer Is Representing: ________ _ Signer Is Representing: ________ _
C2019 National Notary Association
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