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HomeMy WebLinkAboutCDP 15-25; Pacific Beach 2014 LTD; 2016-0460162; 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# 2016-0460162 1111111111111111111111111111111111111111111111111111111111111111111111 Sep 02, 2016 09:38AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 207-360-54-00 .@ 207-360-53-00 PROJECT 10: COP 15-25/COP 15-26 PROJECT NAME: 4390/4394 Yuki Lane HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (OWG 493-1A) 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) Pacific Beach 2014, L TO, 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 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 1 \\FILES01 VIOepartments\CED\LandDev\PROJECTSICDPICDP 15\CDP 15-25 4394 Yuki Lane -Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \IFILES01V\Departments\CED\LandDev\PROJECTSICDPICDP 15\CDP 15-25 4394 Yuki Lane· Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEf\EOF. the undersigned Z '-\ day of __ A_"'-,'(y~"-~-+-:----' 20 \&. has executed this instrument this APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~Ov Assistant City Attorney City of Carlsbad OWNER(S) Pacific Beach 2014, LTD, a California limited partnership By: <:: 2 ,, T.W. Montag Ill, President (print name and title) Date: e /'U-\ I /(_-(' By: (sign here) (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 \IFILES01V\Departments\CED\LandDev\PROJECTSICDPICDP 15\CDP 15-25 4394 Yuki Lane-Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 CALIFORNIA ALL-PURPOSE 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 -St:vn... D"l ej C) On ~ d. Y , ;Lo I t p before me, ---"~<=<--L..3-.I......"'LL.J.->.l...-..c~---'~"--'-'~4----f----"''--U'-'--'-'""--------o Date Here Insert Name and Tit/ personally appeared __ .TL_.!..._• _.LU).aL~·--I.M~i..JOr..t....t:.N~TLLA-~Crc._____,,r.DT..&..~..._ __________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(Z) whose name(,i)@81'e' subscribed to the within instrument and acknowledged to me that&'~he;'tftey executed the same in ~ir authorized capacit~, and that b~l:!or+tl:!eir signature~ on the instrument the personkS), or the entity upon behalf of which the person(~) acted, executed the instrument. ··················•t ERIN NASH }@·-Commlsslon#2064183 z :t -• -Notary Public • California ~ ~ · ~. San Diego County .. l. ;·~ • 4 9Ml£oT'!J-!xgir:s0M:XJ-J~1~~ Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS -----------------------------oPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . 6-t' 1 /01 , t .,y k 1 ~ Title or Type of Document: +b lA tlzu,,~ tbf@?euo.....t= Document Date: _______ _ Number of Pages: Signer(s) Other Thanr;]amed Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ______ _ [J Corporate Officer -Title(s): ______ _ 0 Partner -[] Limited [J General [J Partner -[l Limited U General [] Individual I 1 Attorney in Fact i ]Individual I I Attorney in Fact 0 Trustee U Guardian or Conservator [] Trustee II Guardian or Conservator 0 Other: _____________ _ U Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 '--. LEGAL DESCRIPTION Real property In the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 1 OF PARCEL MAP NO. 21144, IN THE CITY OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUN1Y JULY 28, 2014 AS FILE NO. 2014·0317270, OFFICIAL RECORDS. APN: 207-360-53-00 LEGAL DESCRIPTION Real property In the City of Carlsbad, County of San Diego, State of california, described as follows: LOT 2 OF PARCEL MAP NO. 21144, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF ALED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNlY JULY 28, 2014AS FILE NO. 2014-0317270, OFFICIAL RECORDS. APN: 207-360-54-00