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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 1 H:\Development Services\PROJECTS\CT FILES\CT 04\CT 04-1OA Poinsettia Place - BobbetftB & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(CT 04- 10(A).doc 9674 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.) 2 H:\Development Services\PROJECTS\CT FILES\CT 04\CT 04-10A Poinsettia Place - Bobbett\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(CT 04- 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