The URL can be used to link to this page

Home My WebLink AboutCDP 11-17; San Diego Design and Development Services LLC; 2014-0139099; Hold Harmless Agreement/ReleaseIV DOC lllllllllll tt 2014-0139099 I RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk GITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 APR 08, 2014 4:58 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE EtnestJ Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE 215-070-51-00 ASSESSOR'S PARCEL NO. . PROJECT ID PROJECT NAME CDP 11-17 ESPOSITO RESIDENCE RELATED PROJECT ID: CBI22660/GR110001 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (CB12-2660/GR11-01) for development to occur on property more particularly described as Parcel 1 of Parcel Map No. 20880, 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, April 26, 2011, and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) San Diego Design & Development Services LLC, 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 acddent, 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 1 Q:\CED\LandDev\PROJECTS\CDP\CDP 11\CDP 11-17 Esposito Residence - Wickham\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE_CDP 11-17.doc 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 3o day of Me^Y , 201^. OWNER(S) San Diego & Development Services LLC Date: (print name and title) By: (sign here) (print name and title) Date: APPROVED AS TO FORM: RQNAbarR^aoffeL City Attorney Assistant City Attorrtey (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\CDP\CDP 11\CDP 11-17 Esposito Residence - WickhamVB & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE_CDP 11-17.doc CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of /\ C^l-^O On 5/^^/13 before me, (^e^glli^ Fe»^VA^Kv<l^^ AJolztry Puloh'c , (Here insert name and title of the officer) personally appeared .^oS^SpW (S^pos d~0 , 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 Califomia that the foregoing paragraph is true and correct. iflMft WITNESS my hand and official seaL Signature of Notary Public (Notary Seal) CECELIA FERNANDEZ Commission # 1996355 Noury PuMic • California San Diago CeiMly iMiy » ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed arul attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any altemative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct smgular or plural forms by crossing off incorrect forms (i e he/she/theyr is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notaiy seal impression must be clear and photographically reproducible. Impression must not cover text or lines If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com