HomeMy WebLinkAboutCT 01-09; Property Development Centers LLC; 2012-0596052; Hold Harmless Agreement/Releasen
DOC
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2012-0596052
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RECORDING 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
OCT 01, 2012 1:46 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernesl J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
PROJECT ID
PROJECT NAME
223-051-02
CT 01-09
La Costa Town Square -
Commercial
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 409-4C) and
improvement plans (DWG 409-4) 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, l/(We) Property Development Centers LLC, 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.
Q:\CED\LandDev\PROJECTS\CT\CT 01\CT 01-09 MAG Properties - LaCosta Town Square-CorTimercial-Wickham\B and A\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE{DWG 409-4 AND DWG 4094C).doc
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
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.
IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of \isr .20P-
OWNER(S)
Property Development CenterslLC.^,Mjk^ WA/Le.
unitedL/^bdiiptci^fknu ' ^
By: . \>>r\ f
(sign here)
Jim Reuter
Date:
By:
(print name and title)
ign here)
Date:
(print name and title)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:. .
Assistant City Attoi^iey
(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.)
Q:\CED\LandDev\PROJECTS\CT\CT 01\CT 01-09 MAG Properties\B and A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 409-4 AND DWG 4094C).doc
EXHIBIT "A'
Being a subdivision of Parcel 2 of Carlsbad Minor Subdivision No. 04-08, in the City of
Carlsbad, County of San Diego, State of California, according to Parcel Map No. 20982
filed in the office of the County Recorder of San Diego County on July 11, 2012 as File
No. 2012-0402964.
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CALIFORNIA ALL-PURPOSE ACKMOWLEOaMENt
State of Gafifbmla
County of Alameda }
On August 10,2012
Dote
before me, Barbara J. Winter, Notary Public
HefB Insert N«me andTBte of the Offlcer
personally appeared James Reuter and David Zylstra
Name(s] of Slgner(s}
BARBARAL WINTER " [
COMM. #1842566 r
Notary Public • California g
Contra Costa County
My Comm. Expires Mar. 29^2013 [
Who proved to me on the basis of salJ$feictory evidence to
be the person(s) whose name(s) ls/£tre subscribed to the
within instrument and acknowledged to me that
he^he/they executed the same In his/her/their authorized
(apacity(ries), and that by his/her/their slgnatur^(s) on the
instrument the person(s). or the entity upon behalf of
which the person(s) acted, executed the inslmment
I certify under PENALTY OF PERJURY under the laws
of the State of Califorhia that the foregoing paragraph is
true and correct.
WITNESS hand and official seal
Pla<» Notary Seal Above Signaturi
OPTIONAL
TtmuQi informal b^ow is not requlmd by law, // may prove valua^e to persons t^ljing on the document
f cpukJ prevent ftauthJlent mrmml and reattachment of this fomn to mt^her document.
Description of Atl»Qhecl Document
Title or T^9 of Document:
Document Pate: Number of Pages:
Signer(s) 0|herThan Named Above:
CapacltyCies) Claimed by Sjgner<8)
Signer^ Name*
• (ndtviduai
• Gorporate Officer — Tltle(s):
• Partner • Limited • General
• Attorney In Fact
• Trustee
• Quai^ian or Consen/atoi
• Other:.
RIGHrTriUf.lBPRINT
OF SIGNER
Sign^t^i'jjBiLe:.
li^iVidual
• Corporate Officer^^:^>^l4^{s):
• Partner —•Limtted EDo^erai
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other.
Signer Is Representing:
RiCillTTHUr.lBPHINT
OI-SIC;ighK
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