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HomeMy WebLinkAboutAMEND 2018-0003; Coastline Community Church; 2020-0264661; Hold Harmless Agreement/ReleaseV ~p RECORDING 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# 2020-0264661 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 May 26, 2020 01 :21 PM OFFICIAL RECORDS Ernest J Dronen burg, Jr.. SAN DIEGO COUl'ffY RECORDER FEES $0 00 (SB2 Atkins $0.00) PAGES. 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 255-273-07 ------------PROJECT ID: AMEND2018-0003 (SOP 02-16) PROJECT NAME: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE Coastline Community Church In consideration of the City's approval of a grading plan (DWG 423-1C) 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, I/(We) Coastline Community Church, Inc, a California Non-Profit Religious Corporation, 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 to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any Q:ICED\LandDevlPROJECTSISDPISDP 02\SDP 02-16 Coastline Community Church -Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE1 .doc 01/25/13 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q ICED\LandDev\PROJECTSISDPISDP 02\SDP 02-16 Coastline Community Church -R1ck\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE1 .doc 01125/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this S7+h day of _A----'l~r'-'-c~: \~---' 20Jio. Date: Joel Aaron Jayne, President and CEO (print name and title) 4-~-2.o By~\LJ&cO ~ (sign here) APPROVED AS TO FORM: CELIA BREWER City Attorney By !QQ_J_Cy RON KEMP Assistant City Attorney City of Carlsbad Edward White, Secretary (print name and title) Date: (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 Q:ICED\LandDev\PROJECTSISDP\SDP 02\SDP 02-16 Coastline Community Church -Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE1 .doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Carslbad, County of San Diego, State of California, described as follows: LOT 482 OF CARLSBAD TRACT NO. 88-03-2, ARROYO LA COSTA, UNIT 2 (VILLAGES G, H, J, P, Q, RANDS), IN THE CHY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13386, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 20, 1996. APN: 255-273-07-00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of _ _,.,5_._-...,_[l...,_O~....,O,_,_/'f~·_,9-0 ___ _ On 8f1 o I ~ , 2' OJ.? before me, L ~ J Iv /l fu / ('Cb,' Id NJ/r1rv Date Here lnsen Name and Title of the 6fficer 't Pvbli L personally appeared -:I 0£ Q Choza :To Y. D ~ (1 I) rl /::dw{' ,J lvi ; fl Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: _________________________ _ DocumentDate: ___________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: _____________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ a Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney In Fact □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: _____________ _ □ Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2019 National Notary Association Grading Cash Security 4 Rev. 01/25/13