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Home My WebLink AboutCUP 05-28; City of Carlsbad; 2007-0479012; Hold Harmless Agreement/ReleaseDOC# 2007-0479012 Fft RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 15575 JUL17, 2007 4:59 PM OFFICIAL RECORDS '-'AN DIEGO COUNTY RECORDER'S OFFICE UREuORYJ. SMITH.. COUNTY RECORDER FEES: o 00PAGES 3 2007-0479012~ SPACE ABOVE I HIS Line run rv ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Bressi Ranch Self-Storage Facility 213-120-03 CUP 05-28 Oaf HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 444-9A) and improvement plans (DWG 444-9) for development to occur on property described as Lot 14 of Carlsbad Tract CT 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, to Map thereof No. 14960, filed in the Office of the County Recorder of San Diego County, February 4, 2005, more particularly described as (APN No. 213-120-03), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) VPI Bressi Storage, 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 1 H:\Development Services\PROJECTS\CUP FILES\CUP 05\CUP 05-28 Bressi Ranch Self Storage - Jimeno\Bonds and AgreemenftHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 444-9A).doc 15576 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 day of c\ .... PROPERTY OWNERS VPI Bressi Storage. LLC a .California limited liability company By: here) Bret Gossett, Manager (print name and title) Date: By: (prirjr name and title) Date: 7 APPROVED AS TO FORM: RONALD R. BALL City Attorney torrtey (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.) 2 H:\Development Services\PROJECTS\CUP FILES\CUP 05\CUP 05-28 Bressi Ranch Self Storage - Jimeno\Bonds and AgreemenftHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 444-9A).doc State of California County of San Diego On mo-as (Date) personally appeared 35577 before me,/V (Name, Title of Officer) (Name[s] of Signer[s]) _J^ personally known to me -OR—B— (provod to me on the basis of satisfactory ovidonco) to be the persorv^whose name(£j* subscribed to the within instrument and acknowledged to me thatChefehe/they executed the same in£fij|)fkef/their authorized capacityj(4es7, and that byQTjsftjerftheif signature^ on the instrument the person^ or entity upon behalf of which the acted, executed the instrument. WITNESS my hand and official seal KERIHPOIZGfR CommWon # 163M1I NotcHy Public • CcMonda San Otogo Courty My Comm. Exptat Ow 90.aooil Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document (o\j> Signer(s) other than named V\«k^ W^ \-a.-*=,\'^.ocr-1 above W.^ >fi^v,V- ' (beoV^r No. of Pages ^> H:\Development Services\PROJECTS\CUP FILES\CUP 05\CUP 05-28 Bressi Ranch Self Storage - Jimeno\Bonds and AgreemenftHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 444-9Aj.doc