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HomeMy WebLinkAboutSDP 00-06B; Daybreak Community of North County; 2012-0596055; Hold Harmless Agreement/ReleaseJvlp RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Cleric CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt 2012-059G055 lllllllllllllllllilllllllllllllllllllllllllllllllllll OCT 01, 2012 1:46 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 3 SPACE ABOVE THIS LINE FOR RECORDER'S USE 215-841-07-00 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: SDP 00-06B Daybreak Community Church HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of tine City's approval of a grading plan (DWG 392-60) and improvement plans (DWG 392-6) for development to occur on property more particularly described as LOT 8 OF CITY OF CARLSBAD TRACT NO. 92-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 23, 1997, and other good and valuable consideration, receipt of wiiich is liereby acknowledged, l/(We) Daybreak Community of Nortli County, 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 Q:\CED\LandDev\PROJECTS\SDP\SDP 00\SDP 00-06B Daybreak Community Church, Phase 3 - Jimeno\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 392.6 and 6C.doc 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 dav of Sep'^'e^mU^^ 20 iSL. OWNER(S) Daybrea^cJmmunity of North County, a California corpqj;;artfJn By: (sign here) Gary Webb, PastorA/ice President Date By: Jim Ford, Secretary/Treasurer Date: (print name and title) APPROVED AS TO FORM: RONALD R. BALL City Attorney By y Attorney ^ SU Or Assistant 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.) Q:\CED\LandDev\PROJECTS\SDP\SDP 00\SDP 00-06B Daybreak Community Church, Phase 3 - Jimeno\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 392.6 and 6C.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^QA^/^^^ } On Sppi-. n before me, l^laDe^ P t^udinrytr. Ko-jctru hlhiiZ ^ Q^rte " Here lr«ai Namb and Title of the Officer personally appeared G^^^ lAJzJph GncL 4(m ^'O^ ~ J T-r 1 Name(s) of Slgner(s) DIANE P. 01 Commitiioil # 1971749 Notary PuMic • CaNfornlt San Di«90 Cowily g My Comm. Utim Ay 7.20161 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s).i^are subscribed to the within instrument and acknowledged to me that J^/§l«^/they executed the same in ><lg/^/their authorized capacity (ies), and that by W^/ft^r/thelr 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. Siqnature cy/tffAj Signature of Notary PliDiii 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: fiold- l^dtmll^^ f^r^ZHMr^'f G-^oinc^x^ FvuJfVu. Document Date: ^Ol^ Number of Pages: Signer{s) Other Than Named Above: , . Capaclty(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 Association • 9350 De Soto Ave., P.O. Box 2402 • ChatswortJi. CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder Call Toll-Ftee 1 -800-876-6827 Q \CED\LandDev\PROJECTS\SDP\SDP 00\SDP 00-06B Daybreak Community Church, Phase 3 - Jimeno\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE DWG 392.6 and 6C.doc