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HomeMy WebLinkAboutCT 12-05; Taylor Morrison of California LLC; 2013-0525818; Hold Harmless Agreement/ReleaseMP 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 DOCtt 2013-0525818 ''iiiiiiiiiiiiiiiiiiir' AUG 22, 2013 8:11 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest 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 RELATED PROJECT ID: 223-050-71-00 CT 12-05 La Costa Residential HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 477-9A) and improvement plans (DWG 477-9) 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) Taylor Morrison of California, 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 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 Q;\CED\LandDev\PROJECTS\CT\CT 12\CT 12-05 La Costa Residential - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 477-9A).doc 01/25/13 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q \CED\LandDev\PROJECTS\CT\CT 12\CT 12-05 La Costa Residential - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 477-9A).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ^ day Of ^uhj^ , 2oJ^. APPROVED AS TO FORM: CELIA BREWER City Attorney By:. . Assistant City Attorney Attorney A -S RON KEMP \ OWNER(S) Taylor Morrison of California, LLC, a California limited liability company By: (sign here) J. Thomas Baine, Vice President Date Date: By: /Vy^ (print name and title) (sign here) Philip S. Bodem, Vice President (print name and title) (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 12\CT 12-05 La Costa Residential - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 477-9A).doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of California County of _ } On 3a\a 5, .^i^ before me, Aurnr^ Anrl^AT^/^ . z:^ AoU.rd PAL;(IO . • DaiS ^— Hei-e Insert Name and Title of the Officer ) | Name(s) of Signer(s) \ personally appeared liaMMIiMMMHtMaa 1 GRACE S. ANDERSON Cominitsion# 1991524 Notacy Public • California i Orange County ^ My Comm. Expires Sap 17.2016 \ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j^/are subscribed to the within instrument and acknowledged to me that l}6/s/ie/they executed the same in l>fe/^r/their authorized capacity(ies), and that by I;)i4/l)6r/their 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 official seal. Place Notary Seal Nxm Signature OPTIONAL - Though the infomiation 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: V^o^j. VVbi'0^\c^ K^-i£.^e^-x\i. / C^eo\cf^u<^ Ti^Wre^ ' , Number of Pages: . Document Date: ' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary /Xssodation • 9350 De Soto Ave., RO. Box 2402 • Chatsworlh, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Gall Toil-Free 1-800-876-6827 Q;\CED\LandDev\PROJECTS\CT\CT 12\CT 12-05 La Costa Residential - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 477-9A) doc 01/25/13 Order Number: NCS-524711-CC , * Page Number: 9 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of Califomia, described as follows: PARCEL 1 AS SHOWN ON THAT CERTAIN PARCEL MAP 20982 IN THE OFFICE RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. APN: 223-050-68-00 and 223-060-31-00 NEW APN : 223-050-71-00 F/rst American T/t/e Insurance Company