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Home My WebLink AboutCUP 06-11B; Pacific Ridge School; 2016-0367874; Hold Harmless Agreement/ReleaseRECORDING 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 DOC# 2016-0367874 1111111111111111111111111111111111111111111111111111111111111111111111 Jul 22, 2016 08:41 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES $0.00 PAGES 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-122-18-00 ---=----~------------ ® PROJECT ID: CUP 06-11(8) ~-PROJECT NAME: Pacific Ridge School Parking __ Lo_t_E_x~pa_n_s_io_n __________ __ RELATED PROJECT ID: ---------------------- HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 445-2G) 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, (We) Pacific Ridge School, A California Non-Profit Public Benefit Corporation, the owner 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 1 IIFILES01V\Departments\CED\LandDev\PROJECTSICUPICUP 06\CUP 06-11(8) Pacific Rodge Expansion-Levy\B & AIPRS Parking Lot Expansion\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 445-2G) 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill Ill Ill Ill Ill Ill /II Ill 2 1\FILES01V\DepartmentsiCED\LandDev\PROJECTS\CUPICUP 06\CUP 06-11 (B) Pacific Ridge Expansion· Levy\B & AIPRS Parking Lot Expansion\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 445-2G).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this .I'JJ;> ~ t::-day of --~-A-~.=.::=-----' 20 ft. . APPROVED AS TO FORM: CELIA BREWER City Attorney By~~~ Assistant City Attorney OWNER(S) Pacific Ridge School, A California Non-Profit Public Benefit ~o~~ti?n ~ By: 1~{J-P~ (sign Robert Ogle, President (print name and title) Date: f (1 .. 1-( 1 G. I By: / f..t-/k. 12_, ·"xr· .... (~ here) Robert Buscher, Chief Financial Officer (print name and title) Date: "/J-2-( t" I (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.) 3 IIFILES01V\Departments\CED\LandDev\PROJECTSICUP\CUP 06\CUP 06-11 (B) Pacific Ridge Expansion-Levy\8 & A\PRS Parking Lot Expans1on\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 445-2G).doc 01125113 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A noa.y public or other offi<:er ~ 1l1ia certticate verifiee tdf the identity of !he mvidual ¥~flo aigl«j the document to whid! thie certificat& il attached. and not 1fle tJ'iJ1hfulneall accuracy. a validity of 1hst docu'nsnt who proV9d to me on the basis of ss.tmactory evidence to be !he peraon(a; whooe r1!811'1e{&) ia.lare oobscribed to the within instrument and acknowledged to me that helsh.e.lthey executed the same in hia.lherllheilr wthorized capacityf168). and that by hi:alherllheilr aignarure(a.) on the instrument the penron{a). or the entity upon behalf of wtUch the peraon(a) acted. IIJQIICUted the instrument. I certify under PENALTY OF PEFtJURY undef-the laws of the state of California that the foregoing psrsgraph is true and ODmlC'l WllNESSmy ----------------------------~----------------------------Though #hi:!: 3'eCtion is optional. completing trua infotmalion can dew alteration of th9 document or frmJdulent reattscilment of thi:t form to an unintended document. Description of Attached Document Title or Type of Docume:nt: Oocume:nt Dal:e: -------- Number of Pages: ___ Signer{a.) Other Than Named Above: ----------- Capacity{iesJ Claimed by Signer{a) Signer's Name:-----------0 C«porate Officer -ntle(:a): _____ _ 0 Partner - 0 Umited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conaatvstor 0~--------------- Signer Is Repreaanting: -------- Signer's Name:------------ 0 Oorporat& Officer -Tltle(a): ------ 0 Partner - 0 Umited 0 Geneml 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conaatvstor 0 Other: ------------- Signer Ia. Re~llting: --------- 4 IIFILES01V\Departments\CED\LandDev\PROJECTSICUPICUP 06\CUP 06-11(8) Pac1fic Ridge Expansion-Levy\B & AIPRS Park1ng Lot Expans1on\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 445-2G).doc 01/25/13 NOTARY SEAL CERTIFICATION (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: ''--71 Name of the Notary: U l A 6±1 () Commission Number: a I~ 6033 Date Commission Expires:Cl6/ II I ~OJ/ L ?\1~@ County Where Bond is Filed:. __ ___::v~a~JI\....l.... __ ~+"'-'t-~o.C...:~~::.._-------- Manufacturer or Vendor Number:._---11-l'J.:....:..~~tsL......l--)1--__________ _ {Located on both sides of the notary seal border) Signature:};<~ ~~ \2-o ~ Q 1) 11-e "Cf'oY)6 im1Nall1e(;f applicable) Place of Execution: 6::, (\ PlxLtcb C A Date: o=ft CJ-11-- RecForm #R10.1 (Rev.3/15/16) PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 12207569-993-SDZ-CFU THE LAND REFERRED TO HEREIN BELOW IS SITUATED fN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNTA, AND IS DESCRIBED AS FOLLOWS: PARCELS A AND B OF PARCEL MAP MO. 21190, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 24,2014 AS INSTRUMENT NO. 2014'-0512495 OF OFFICIAL RECORDS. APN: 213-122-18 AND 19 CL TA Preliminary Report Form-Modified (11117/06) Pag~: 3