Loading...
HomeMy WebLinkAboutCT 04-10A; SHEA HOMES INC; 2011-0635766; Hold Harmless Agreement/ReleaseDOCtt 2011-0635766 IlilllllilllllllllllllllllllllllllllllllllllllliH^^^^ RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY NOV 29, 2011 2:30 PM OF CARLSBAD WHEN RECORDED MAIL TO: OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 21.00 City Clerk PAGES: 3 CITY OF CARLSBAD 1 llllll IIIII IIIII IIIII IIIII IIIII IIIII IIIII lllli Hill IIIII IIIII IIIII IIIII IIIII nil Illl 1200 Carlsbad Village Dr. llllllllllll IIIII IIIII IIIII iilllli llliii Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-020-23 ^ PROJECT ID: CT 04-10(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 469-5B) for development to occur on property more particularty 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 OFFICAL PLAT THEREOF, and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Shea Homes Inc., a Delaware Corporation, the owner(s) of said property promise to indemnify and to hold the City of Carisbad, 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 ofthe 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 C:\Users\Sarahbe\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content,Outlool<\XU0PEJGU\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(dated June),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 'ZO dav of od-. 2011 . OWNER(S) Shea Homes Inc., a By: gware Corporation (sign here) Paul Barnes, Vice President Date: By: (print name and title) Date: (sign here) Sarah Beckman, Assistant Secretary (print name and title) APPROVED AS TO FORM: RONALD R. BALL City Attorney eputy 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.) C:\Users\Sarahbe\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlool<\XU0PEJGU\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(dated Junej.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County I before me, nil ^ } Date ' Hei;^ Irlsert Name and of the Officer personally aDPeared^^(^\l/U 'Bam-f^^ /IVH^ Btf!l^a0/^>0 Nanie(s) of Signer(s) RANA KHOURY commission # 1916986 Notary Public - Caliiornia San DieflO County rvpir.sDec13.2014j who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j^/are subscribed to the within instrument and acknowledged to me that +ie/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/hewtheir 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. Place Notary Seal Above Signature OPTIONAL Ttiough 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:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: •• RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: ; Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here O20O7 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatswortti, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toil-Fiee 1 -800-876-6827 C:\Users\Sarahbe\AppData\Local\Microsoft\Wndows\Temporary Intemet Files\Content.Outlool<\XU0PEJGU\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(dated June).doc