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Home My WebLink AboutCT 02-28; BANICH, EMIL J AND STELLA M; 2011-0151458; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCS 2011-0151458 MAR 22, 2011 3:06 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 2.00 PAGES:5 SPACE ABOVE THIS LINE FOR RECORDER'S USE 216-190-47-01ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: La Costa Condominiums CT 02-28 (Emil J & Stella M Banich, Grant Deed) HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 422-4B) for development to occur on property described in Exhibit "A", and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Emil J. Banich and Stella M. Banich, husband and wife, as joint tenants, (according to a Grant Deed recorded July 7, 1981 as File No. 81- 212448 of Official Records), 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 H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos • JimenoVBonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE - Banich sign.doc Rev. 12/08/98 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. INto WITNESS^ WHEREOF, the undersigned has executed this instrument this •"gay of. PROP Emil 'nd and By: (sign here) / Emil J. Banich, husband (print name and title) Date: Stella M. Banich, wife (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE - Banich sign.doc Rev. 12/08/98 EXHIBIT "A" PARCEL 1: AN UNDIVIDED ONE-HALF INTEREST IN AND TO PARCEL 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 6938 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF DIEGO COUNTY, FEBRUARY 24, 1978 EXCEPTING THEREFROM THE FOLLOWING: (A) CONDOMINIUMS UNITS NOS. 1 AND 2 AS SHOWN UPON THE AMENDED PARCEL 1 OF PARCEL MAP NO. 6938, CONDOMINIUM PLAN, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON FEBRUARY 21, 1979 AS FILE NO. 79-076155 OF OFFICIAL RECORDS. PARCEL 2: CONDOMINIUM UNIT NO 1 AS SHOWN UPON THE CONDOMINIUM PLAN REFERRED TO ABOVE. APN: 216-190-47-01 State of California //KciASv* ) 0 ) County of San Diogo On *- before me, (Date) ' (Name, Title of Officer) personally appeared £f// W '<&&£$ $ $W)/$/ (NameEs] of Signer[s]) l n personally known to me -OR (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal ^J£^(This area for Signature ofNotai"y / /I, , official notary seal)/Albert N. Taylor y ' Notary Public Wayne County, MI Title or Type of Document Date of Document No. of Pages Signer(s) other than named above 3 H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE - Banicn sign.doc Rev. 12/08/98 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary;a*j Commission Number:Date Commission Expires: CTcVc/ 9, <3.O/7 County Where Bond is Filed: Manufacturer or Vendor Number: (Located on both sides of the notary seal border) Signature; tf Firm Nar^e (if Applicable) (LA- Place of Execution:Date: Rec. Form #R10 (Rev. 7/96}