Loading...
HomeMy WebLinkAboutCT 01-09; Property Development Centers LLC; 2012-0596052; Hold Harmless Agreement/Releasen DOC lllllllllll 2012-0596052 llllllllllllllllllllllllllllllllllllllllllll 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 OCT 01, 2012 1:46 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME 223-051-02 CT 01-09 La Costa Town Square - Commercial RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 409-4C) and improvement plans (DWG 409-4) 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) Property Development Centers 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 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. Q:\CED\LandDev\PROJECTS\CT\CT 01\CT 01-09 MAG Properties - LaCosta Town Square-CorTimercial-Wickham\B and A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE{DWG 409-4 AND DWG 4094C).doc 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 \isr .20P- OWNER(S) Property Development CenterslLC.^,Mjk^ WA/Le. unitedL/^bdiiptci^fknu ' ^ By: . \>>r\ f (sign here) Jim Reuter Date: By: (print name and title) ign here) Date: (print name and title) APPROVED AS TO FORM: RONALD R. BALL City Attorney By:. . Assistant City Attoi^iey (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\CT\CT 01\CT 01-09 MAG Properties\B and A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 409-4 AND DWG 4094C).doc EXHIBIT "A' Being a subdivision of Parcel 2 of Carlsbad Minor Subdivision No. 04-08, in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map No. 20982 filed in the office of the County Recorder of San Diego County on July 11, 2012 as File No. 2012-0402964. 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 ALL-PURPOSE ACKMOWLEOaMENt State of Gafifbmla County of Alameda } On August 10,2012 Dote before me, Barbara J. Winter, Notary Public HefB Insert N«me andTBte of the Offlcer personally appeared James Reuter and David Zylstra Name(s] of Slgner(s} BARBARAL WINTER " [ COMM. #1842566 r Notary Public • California g Contra Costa County My Comm. Expires Mar. 29^2013 [ Who proved to me on the basis of salJ$feictory evidence to be the person(s) whose name(s) ls/£tre subscribed to the within instrument and acknowledged to me that he^he/they executed the same In his/her/their authorized (apacity(ries), and that by his/her/their slgnatur^(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the inslmment I certify under PENALTY OF PERJURY under the laws of the State of Califorhia that the foregoing paragraph is true and correct. WITNESS hand and official seal Pla<» Notary Seal Above Signaturi OPTIONAL TtmuQi informal b^ow is not requlmd by law, // may prove valua^e to persons t^ljing on the document f cpukJ prevent ftauthJlent mrmml and reattachment of this fomn to mt^her document. Description of Atl»Qhecl Document Title or T^9 of Document: Document Pate: Number of Pages: Signer(s) 0|herThan Named Above: CapacltyCies) Claimed by Sjgner<8) Signer^ Name* • (ndtviduai • Gorporate Officer — Tltle(s): • Partner • Limited • General • Attorney In Fact • Trustee • Quai^ian or Consen/atoi • Other:. RIGHrTriUf.lBPRINT OF SIGNER Sign^t^i'jjBiLe:. li^iVidual • Corporate Officer^^:^>^l4^{s): • Partner —•Limtted EDo^erai • Attorney in Fact • Trustee • Guardian or Conservator • Other. Signer Is Representing: RiCillTTHUr.lBPHINT OI-SIC;ighK Top of tiiunfib h0re 02(X)7Nalkmal Nataiy Association-8^ De Soto ^ St313-24Q2« www.NationalKlolaiyo(B 1t8m «S807 ReQntonCalTolhTtee1-«00^6-6827 Q:\CED\LandDev\PROJECTS\CT\CT 08\CT 08-03 La Costa Townsquare - Wickham\B & AVFArTHFUL PERFORMANCE WARRANTY BOND (DWG 475-2 Ra8idontial).doc REV. 02W/97