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.)
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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
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June).doc