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HomeMy WebLinkAboutCT 08-03; Property Development Centers LLC; 2012-0596054; Hold Harmless Agreement/ReleaseP0C# 2012-059G054 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 Ernest J. Drorienburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME 223-050-70 & 223-060-32 CT 08-03 La Costa Town Square - Residential RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 475-2B) for developnnent to occur on property more particularly described as that parcel of land being all of Parcel 4 of IVIinor Subdivision No. 04-08 recorded in the office of tine county recorder as Parcel Map No 20982, File No 2012-0402964 on July 11, 2012 located in the City of Carlsbad, County of San Diego, State of California, and other good and valuable consideration, receipt of which is hereby acl<nowledged, l/(We) Property Development Centers LLC, a Delaware 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 tal<ing 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 worl< 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 tal<ing 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 worl< or improvements as specified in this agreement. The entire risl< of any Q:\CED\LandDev\PROJECTS\CT\CT 08\CT 08-03 La Costa Townsquare - Wickham\B & A\HOLD HARIVILESS AGREEMENT GEOLOGICAL FAILURE (DWG 475-2B Residentlal).doc 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 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 , 20 davofAit^U^T APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Assistant City Attorney OWNER(S) Property Development Centers, LLC a Delaware LimiteG^Liability Comapny By: (sign here) Jim Reuter, Vice President Date By: (print name and title) Aou-u^t s, 0.010- (print name and title) Date: ^Uf)T S (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of tlie Board, President, or any Vice-President and Secretary, any Assistant Secretary, tiie 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 08\CT 08-03 La Costa Townsquare - Wickham\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 475-28 Residential) doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of >^i-ftHE-&A } nn A<^UST'g.20j3L before me. ^dkk^ X K^mTEey WgT/^ " V— Qatg 7" : Here Insert Name araJ TWe of thjif Officer ^ personally appeared 'RdLftgl^ 0,0^ D/WlD I S+(^Ar ^ * Name(s) of Signer(s) ^ BARBARA^. WINTER ^ [ COMM. #1842566 z Notary Public • California § Contra Costa County My Comnr. Expires Mar^29^2013 [ Place Notary Seal Above who 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 aclcnowledged to me that he/sheAhey executed the same in his/herAheir authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 officialy<seal Signatur OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on Vie docurrmnt end could prevent fraudulent removal and reettachment of this form to another document. Description of Attac Title or Type of Document: Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer • Partner — • Limited • General P Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representi ©2007 National Notary Association • 9350 De Soto Ave.. RO. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotaryprg Item #5907 Reorder. Gall Toll-Free 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CTACT 08\CT 08-03 La Costa Townsquare - Wickham\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 475-2B Residential).doc EXHIBIT "A' Being a subdivision of Parcel 4 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.