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HomeMy WebLinkAboutCDP 2020-0024; Stellar Properties LLC; 2024-0048192; 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# 2024-0048192 I llllll lllll lllll lllll llll llllll lllll lllll lllll 11111111111111111111111 Feb 27, 2024 11 :08 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGi:S: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: --=2:::....1_;_1--=0-=-60:::....-...:...16:::....-.::..;oo:....__ ____ _ PROJECT ID: CDP 2020-0024 ~~ PROJECT NAME: Toyota Carlsbad HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 543-1A) 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) Stellar Properties, 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\Adm,n\B&AIPROJECTSICDP 2020-0024: RO'll/2023-0240: GR2023-0019. Toyota Cartsbad_T CIHOLD 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. III III III III III III III III III III III III III III III III III III III III III 2 Q ICED\Admm\B&A\PROJECTSICDP 2020-0024. ROW2023-0240; GR2023-0019 -Toyota Cartsbad_ T CIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.dOc 01125/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this APPROVED AS TO FORM: CINDIE MCMAHON City Attorney r Assistant City Attorney City of Carlsbad , 20Z.'1.. OWNER(S) Stellar Properties, LLC., a California limited liability company Judith A. Jones-Cone -Sole Member (print name and title) Date: (Proper notarial acknowledgment of execution by owner(s) must be attached) (C hairman 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. lf 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\Admm\B&AIPROJECTSICDP 2020-0024, ROv\12023-0240, GR2023-0019 • Toyota Car1sbad_T.C\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 INDIVIDUAL ACKNOWLEDGMENT State/Commonwealth of ~j~dwn=ahL!.~=--------- County of ___ _,_k....lcol<.J,0LJn'-'='.~-'--'-'-'-OI ·,_, ----- On this the I l.9 day of _..:.,_f~fl?:...:...._/l/._~~Cj.,__ _____ ~ --'--'-.)~o),_.Y ___ , befare me, Day Month Year ___ J_u....c\_'}l __ Jl--'-")'-41+-~-rd ________________ ~, the undersigned Notary Public, Jme of Notary Public personally appeared :Yd •, t'h A • j~fllS" JULIE SHEPARD COMMISSION #20182329 NOT ARV PUBLIC STATE OF IDAHO MY COMM. EXPIRES NOV 28, 2024 Place Notary Seal/Stamp Above tmfJ Name(s) of Signer(s) D persona Ily known tome -OR - ~ proved to me on the basis of satisfactory evidence to be the person(ii1 whose name(i 9'(e subscribed to the within instrument, and acknowledged to me that he/p~hey executed the same for the purposes therein stated. WITNESS my hand and official seal. Any Other Required Information (Printed Name of Notary. Expiration Date, etc.) ..-------------------OPTIONAL ----------------~ This section is required for notarizations performed in Arizona but is optional in other states. Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: !-filld ~armll~.5 /+j(U,fYJttif Document Date: _________________ Number of Pages: ______ _ Signer(s) Other Than Named Above: _______________________ _ ~Øllt;llli\!ll~M~M~~~~il'.~~~l:l-~~~@~W-~~ll'!'.:l~~~~~Øl:i.~l1i~Ø~d'llt ©2023 National Notary Association EXHIBIT "A" Legal Description Parcel 1, in the City of Carlsbad, County of San Diego, State of California, of Parcel Map No. 5426 as filed in the Oftice of the County Recorder of San Diego County, December 30, 1976. Condition of Tille Guarantee CLTA Guarantee Form No. 28 (06/05/2014) Page 3 Printed: 04.04.23 @ 04:37 PM CA-CT-FWD0-02180.055820-SPS-1-23-73723001569