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HomeMy WebLinkAboutCT 02-17; CWV La Costa 49 LLC; 2013-0664463; Hold Harmless Agreement/ReleaseDOC llllllllllllllilll 2013-0GG44G3 lllllllllllllllllllil RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad.CA. 92008 NOV 07, 2013 11:42 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErneslJ. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 223-061-01,223-061-02 PROJECTID: CT 02-17 PROJECT NAIVIE: Fair Oaks Valley RELATED PROJECT ID: HOLD HARMLESS AGREEIVIENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 440-5A) 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) CWV La Costa 49 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. 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 1 Q:\CED\LandDev\PROJECTS\CT\CT 02\CT 02-17 Fair Oaks Valley - Wlckhani\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 440-5A).doc 01/25/13 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q;\CED\LandDev\PROJECTS\CT\CT 02\CT 02-17 Fair Oaks Valley - WickhamVBonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 440-5A).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 21 day of October 20. 13 APPROVED AS TO FORM: OWNER(S) CWV La Costa 49 LLC, a Delaware limited liability company By: California West Communities, LLC, a_ Califprnia limited liability company. ^ By: Date: By: Date: (sigrHiete) Donald W. Fontana, Member (print name and title) (sign here) (print name and title) CELIA BREWER City Attorney By: XL. C^^^^T^ RON KEMP \ Assistant City Attorney (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.) O:\CED\LandDev\PR0JECTS\CT\CT 02\CT 02-17 Fair Oaks Valley - WickhamVBonds and AgreementsVHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 440-5A).doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1$ CIVIL CODE § 1189 State of California Countv of P^^gQ } On October 21, 2013before me. Date M.K. Stuckey, notary public Here Insert Name and Tille of the Officer personally appeared Donald W. Fontana Name(s) of Signer(s) ^ * ^ ' r m w w <9"^ M. K. STUCKEY Commission # 1933217 Notary Public - California i San Diego County ^ My Comm. Expires May 16.20151 who proved to me on the basis of satisfactory evidence to be the person^) whose name(j$) is/^e subscribed to the within instrument and acknowledged to me that he/l||^e/tlVy executed the same in his/ri^/th^ authorized capacity(i^), and that by his/l^r/thjKr signature(^ on the instrument the person(&[, or the entity upon behalf of which the personf^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: OPTIONAL ~ Signature of NotaryPublic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sigrier(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUlVIBPRiNt OF SIGNER Top of thiumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPFilNT OF SIGNER Top of thumb here © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) I I' I' I' I 1 I i 4: Item #5907 EXHIBIT "A" DESCRIPTION PARCEL 1: n^tt^^PF^^^ ™ ^^ST HALF OF LOT 6 OF RANCHO LAS ENCINITAS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDEROF VA^^fn^ ^^^^ THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF LOT 6 AS SHOWN ON LICENSED SURVEYOR'S MAP NO. 443, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 2°52'55" WEST ALONG THE WEST LINE OF SAID EAST HALF 1388 FEET; THENCE PARALLEL WITH THE SOUTH LINE OF SAID LOT NORTH 87^01 '50" EAST 1318 FEETTMORE OR LE^^^^ TO THE EAST LINE OF SAID LOT 6; THENCE SOUTH 2°58'45" EAST ALONG SAID ' EAST LINE 1388 FEET TO THE SOUTHEAST CORNER OF SAID LOT- THENCE ALONG SAID SOUTH LINE SOUTH 87°01'50" WEST 1318.30 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE EAST HALF OF LOT 6 OF RANCHO LAS ENCINITAS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECOPDER^^^^ PARCEL OF ^A^^^' ^^^^^ ^^™^ ™ FOLLOWING DESCRIBED COMMENCING AT THE SOUTHWEST CORNER OF THE EAST HALF OF SAID LOT 6 AS SHOWN ON LICENSED SURVEYORS MAP NO. 443, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE WEST LINE OF SAID EAST HALF NORTH 2°52'55" WEST 1388 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 2°52'55" WEST 1256 62 FEET TO THF NORTHWEST CORNER OF SAID EAST HALF; THENCE NORTH 75°47' 10" EAST ALONG THE NORTHERLY LINE OF LOT 6 A DISTANCE OF 1340 37 FEET TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE ALONG THE EAST LINE THEREOF SOUTH 2°58'45" EAST 1518 FEET TO A LINE WHICH BEARS EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID LOT 6 FROM THE TRUE POINT OF BEGINNING- THENCE SOUTH 87°01 '50" WEST ALONG SAID PARALLEL LINE 1318 FEET MORE OR LESS, TO THE TRUE POINT.OF BEGINNING ^t.t.L,MUKt UR