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HomeMy WebLinkAboutCT 03-04; Newland Court LLC; 2006-0496912; Hold Harmless Agreement/ReleaseDOC# 2006-0496912 so RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JUL14, 2006 11:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 7 6103 l| SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 156-200-12, 156-200-27 PROJECT NO. & NAME: CT 03-04 Highland Drive Subdivision HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 419-8A) and improvement plans (DWG 419-8) for development to occur on property described as a portion of Tract 121 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, more particularly described as (APN No.(s) 156-200-12, 156- 200-27), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Newland Court, 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 1 H:/Development Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98 6104 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 2 H:/Development Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98 6*05 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 PROPERTY OWNERS NEWLAND COURT,\LC,A CALIFORNIA LIMITED LIABILITY OOMRAMY By: PROPERTY OWNERS THE NICJdOLSON TRUST DATED Herald A Possigian, Member Sign/Kire Richard Nicholson, Co-Trustee Print name and title B£ _ Sign here Greg Strange, Member Print name and title Jewel Nicholson, Co-Trustee Print name and title / B Sign here [ery A Dahl, Member Print name and title APPROVED AS TO FORM: RONALD R. BALL City Attorney )eputy City Aflprney (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 Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98 6106 State of California County of San Diego On ^w/$. e^coiy before (Date) personally appeared (Name, Title of Officer) A. A-- (Name[s] of Signer[s]) t a personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ft/are subscribed to the within instrument and acknowledged to me that toe/£Ke/they executed the same in fnfs/l?§r/their authorized capacity(ies), and that by Ws^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 Signature of Notary - "•-BARBARA S.CAVAUUZZI Commission #1446239 Notary Public - CaWomta San Diego County My Comm. Expires Oct 20.2007 (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above HyDevelopment Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. personally y Public") K tlANG . CommWonf t3W» | Notary Pub*? - Ccitomta , Orange County lufa CortmBCJesNcitf 17.2006 Name(s) of Signer(s) D personally known to me Q proved to me on the basis of satisfactory evidence to be the person (*) whose name(s)(js?afe- subscribed to the within instrument and acknowledged to me thaj^3/she/they executed the same in (tjj^/hef/their authorized capacity(ies), and that by (SiS/foef/thw signature(s)-on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITf*f and official seal. Signature of OPTIONAL 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 q&Type of Document: ^&Ml£Document Dat Number of Pages: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer - Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, © 1999 National Notary Association - 9350 De SotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of /.<$> ss. On -- Date personally appeared Name and Title of Officeffle.g., "Jane Doe, Notary Pubic") PZ..5/3yt/ ^^ + § R. COWAN K COMM. #1378459 CD NOTARY PUBLIC-CALIFORNIA 2 ' LOS ANGELES COUNTY en My Comm. Expires Nov. 3, 2006 L. v v v v v v w > Name(s) of Signer{s) D personally known to me % proved to me on the basis of satisfactory evidence to be the person^)-whose name£s) is/af& subscribed to the within instrument" and acknowledged to me that he*he/teey executed the same in JiisZboT/thoir authorized capacity^®*)? and that by hismcrrthfijr signaturejsi on the instrument the person(s), or the entity upon behalf of which the personjs) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL 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: #ff>t- -^Go Docum&rrt-Qate: ^ / -^ A/gyj 'It-f/f* <? 77" — Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:_ 910 8 31999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Reorder: Call Toil-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of •—°^ On ss. V / Date sonally appeared .. . before me, 1 1 .*>idf^\ *- t Name aoo!/it Mo e o) Officer (e.g. Sort r»^ "Jane Doe, Notary Public") JUNG MO YOQKComm. #1488670 NOUVY PUBLIC-CALIFORNIA w Los Angstes County "*My Comm. Expire* MAY 9,200*, 5 Name(s) of Signer(s) D personally known to me -B-proved to me on the basis of satisfactory evidence to be the person(-&f- whose name(»)- is/ape— subscribed to the within instrument and acknowledged to me that -be/she/they-executed the same in -h4s/her/th«tf- authorized capacity(ies^r and that by Htts/her/their- signature(s) on the instrument the person^*), or the entity upon behalf of which the person(s)— acted, executed the instrument. WITNESS myjiand and official seal. / Signature ol Notary I official seal. _ <^^- OPTIONAL 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: Ho 'a Document Date:. Number of Pages: _ Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:_ SS^g&SSS?1 i 1 I1zQ&e&Q&Q&ye^ ional Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Prod. No. 5907 Reorder: Call Toil-Free 1-800-876-6827