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Home My WebLink AboutCT 15-07; Shea Homes Limited Partnership; 2023-0315905; 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# 2023-0315905 111111111111 1111111111 1111111111111111111111111 IIIII IIIII 1111111111111 Nov 14, 2023 10:15 AM OFFICIAL RECORDS JORDAN Z MARKS SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0 00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: -(U PROJECT ID: PROJECT NAME: 212-272-01-00; 212-272-02- 00; 212-272-03-00; 212-272- 04-00; 212-272-05-00; 212- 272-06-00; 212-272-07-00 CT 15-07 Ocean View Point ------------ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 534-6A) 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) Shea Homes Limited Partnership, a California limited partnership, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harml ess from li ability for injuries to any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geologica l 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 wi ll maintain all slopes and landscaping in a manner 1 Q:ICED\Admin\B&A\PROJECTSICT 15-07; ROW2021-0931; GR2021-0043-Ocean View Point N F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 - to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any damage to public improvements ca used 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 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. I I I Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill IN WITNESS WHEREOF, the undersigned has executed this instrument this ____ day 2 Q:ICED\Admin\B&A\PROJECTS\CT 15-07; ROW2021-0931; GR2021-0043-0cean View Point_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By ~~~ RONKEMP Senior Assistant City Attorney City of Carlsbad OWNER(S) SHEA HOMES LIMITED PARTNERSHIP, a California limited partnershi By: John B. Vance -Assistant Secretary (print name and title) Date: By: Jordan Selva -Authorized Agent (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.) 3 Q:\CED\Admin\B&AIPROJECTSICT 15•07; ROW2021-0931; GR2021-0043-Ocean View Point N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 - EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 7, INCLUSIVE, OF CITY OF CARLSBAD TRACT NO. CT 02-06, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF_NO. 16265, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APRIL 27, 2018. APN: 212-272-01-00, APN: 212-272-02-00, APN: 212-272-03-00, APN: 212-272-04-00, APN: 212-272-05-00,212- 272-06-00,212-272-07-00 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. :3ii~~3 Date personally appeared _ _,...,~---'-~L--'-"'-'--Ll"""-''-"'"'--"'""~...., __ _,,,,_,,_..'-'-->e:L~....__=-::c...:....,,,,_~ 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. HELEN A. ANAYA-RIOUX Notary Public· California San Diego County ! Commission# 2327754 My Comm. Expires May 19, 2024 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. Signature OPTIONAL 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: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner - o Limited o General □ Partner - o Limited o General □ Individual □ Attorney In Fact □ Individual □ Attorney In Fact D Trustee □ Guardian or Conservator o Trustee □ Guardian or Conservator D Other: D Other: Signer Is Representing: _________ _ Signer Is Representing: _________ _ e 2019 National Notary Association 4 Q:ICED\Admin\B&A\PROJECTSICT 15-07; ROW2021-0931; GR2021-0043 -Ocean View Point N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 -