Loading...
HomeMy WebLinkAboutCUP 10-10; Palomar Congregation of Jehovah's Witnesses; 2012-0821620; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt 20120821620 lllilllliiiillllllllllflll DEC 28, 2012 10:03 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE 213-110-16 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: CUP 10-10 Carlsbad Kingdom Hall HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 475-9A) and improvement plans (DWG 475-9) 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) Palomar Congregation of Jehovah's Witnesses, 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 1 Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-10 Carlsbad Kingdom Hall - BobbetttB & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 475-9 and 475-9A),doc 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 i day of ^o^^^ U^ , 20l'2^. ^ OWNER(S) Palomar Congregation of Jehovah's Witnesses, Vista, California, Inc., a California Non-Profit Religious Corporation (sign here) David Perpich, President (prinjf name and title) Date: By: (sign here) Gary Hulbert, Secretary Date: (print name and title) (pnnt " IH. APPROVED AS TO FORM: RONALD R. BALL City Attorney ..pp. I Assistant City Att^brnf )rney (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\CUP\CUP 10\CUP 10-10 Carlsbad Kingdom Hall - Bobbett\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 475-9 and 475-9A),doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of before me. } Date ^ j ' Here Insert Naoie and Title of tfi^lcw f^()-\etfLt j^uhUi personally appeared U-Cin^f jjulher^ ci^i^d <Xh//icL ret^pich ^ / r-r ^- Nanie(s) of Slgner(s) TAMMY M.FftAZINE Commlaaion # 1843016 Notary PuMie • California San Diago County ^ tt Comm. Exptraa Apr 2.20131 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 acknowledged to me that he/she/they executed the same in his/'her/their authorized capacity (ies), and that by his/her/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. Signature C^y^^'^^^^w^ ignature of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sfgner(s) Signer's Name:. n 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 ©2007Nalional Notary Association • 9350 De Soto Ave., RO.Box 2402* Chatswortfi.CA 91313-2402 •www.NationalNotary.org ltem#5907 Reorder. Call Toll-Free 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-10 Carlsbad Kingdom Hall - Bobbett\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 475-9 and 475-9A).doc EXHIBIT 'A' THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 2 OF PARCEL MAP NO. 20174, 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 DECEMBER 20, 2006. PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS OVER, ACROSS AND UPON THAT PORTION OF PARCEL 3 OF SAID PARCEL MAP NO. 20174 SHOWN AND DESIGNATED ON SAID PARCEL MAP AS "30' WIDE COVENANT OF ACCESS EASEMENT FOR BENEFIT OF PARCELS 2 AND 3 PER DOCUMENT NO. 2006-0901067 RECORDED DECEMBER 20, 2006 OF OFFICIAL RECORDS." Rev 08/11/2010