HomeMy WebLinkAboutCT 04-10A; CARLSBAD POINSETTIA LAND COMPANY; 2010-0695939; Hold Harmless Agreement/ReleaseRECORDED AT THE REQUEST OF
CHICAGO TITLE COMPANY
SUBDIVISION DEPT
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOCtt 2010-0695939
DEC 16, 2010 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES: 21.00
PAGES:
9613
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-020-23-00
PROJECT ID: CT04-10(A)
PROJECT NAME: Poinsettia Place
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 469-5D) for development
to occur on property more particularly described as THE NORTH HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, and other good and
valuable consideration, receipt of which is hereby acknowledged, l/(We) Carlsbad Poinsettia
Land Company, a California 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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10(A).doc
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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.
JN WITNESS WHEREOF, the undersigned has executed this instrument this
j*day of VJPM^rtV\O/ , 20 IQ
OWNER(S)
CarlsbachPoinsettia Land Company, a California
limited liabmjv company
By: __
(sign here)
David Jacinto, Managing Member
(print name and title)
Date: //•
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
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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10(A).doc
9675
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
^
State of California
County of Spyv UAjgL^O
On \^ N>0- ^'
Date
personally appeared
. /QiDbefore me,-of
Herelnsert Name and Title of the
Name(s) o1 Signers)
\OFFICIAL SEAL
A. O'LOUGHLINNOTARY PUBLIC-CALIFORNIA SB
COMM. NO. 1904837 ^
SAN DIEGO COUNTY I
MY COMM. EXP. OCT. 12.2014 |
F'lace Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(fr) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/sHe/theV executed the same in his/her/their authorized
capacrty(ies), and that by his/herAheir 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.
Signature Slgnatfre at Notary Public
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:
Document Date:. Number of Pages:.
Sigrter(s) Other Than Named Above:
Capacity(ies) Claimed by Signerts)-
Signer's Name: __
D Individual
CD Corporate Officer — Title(s): _
D Partner — D Limited D General
n Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: __
Signer Is Representing:
Top Of
Signer's Name:
D Individual
D Corporate Officer — Title(s):
D Partner — D Limited D General
D Attorney in Fact
Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
RIGHT THUf.lBPFM
OF SIGNER
Top of thumb here
O2007 National Notary Association • 93SO D« Soto Ave.. PO Box 2402-Chatsv«rlh,CA 91313-2402* www.NationalNotary.org Item 05907 Reorder Call ToU-Fise 1-8OO-87&.6827