HomeMy WebLinkAboutPUD 09-02A; MARARISK CARLSBAD LLC; 2010-0550419; 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
DQCtt 2010-0550419
OCT13, 2010 8:34 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 0.00
PAGES:
#
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 212-130-45
PROJECT ID: PUD 09-02(A)
PROJECT NAME: Life Technologies Amenity
Building
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of improvement plans (DWG 462-7D) for
development to occur on property more particularly described as PARCEL 2 OF PARCEL MAP
NO. 17971, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 24, 1997 AS FILE NO. 1997-0656621 OF OFFICIAL RECORDS, and
other good and valuable consideration, receipt of which is hereby acknowledged, l/(We)
Mararisk Carlsbad, 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 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
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Mararisk (DWG 462-7D).dOCX
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
day of &U[US-(- , 20 \O.
OWNER(S)
Mararisk Carlsbad, LLC, a Delaware limited liability
(sign here)
Wes Uhlman, its managing member
(print name and title)
Date:
(sign here) «
Robert C. Penney, its managing member
Date:
(print name and title)
to
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:.
Deputy City Attorney
(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.)
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Mararisk (DWG 462-7D).dOCX
STATE OF
COUNTY OF (/ /J&
On /l(/#iuT *j 20/0 before me, AhZrr'j L. '/<£&d Notary Public,
V ' /~j /./ ,
personally appeared LU&£ jjLhirf\(Lf\ » 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. $/$ $
LflcLSniHftiO n
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.
VifEfrfr^ W ' A^*«— \£V7S.13 ^/
(Signature of Notary) \y^wrfS^^y '-H^
.
Rev. 12/17/2007
STATE OF
Public,
personally appeared ~jDQ\: _j L^VfiQ^ _ , 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.
>ui 'WITNESS my hand and official seal. A^ G
Signatureof Notary)
Rev. 12/17/2007