HomeMy WebLinkAboutCT 04-10A; SHEA HOMES INC; 2012-0019019; Hold Harmless Agreement/ReleaseRECORDING 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
DQCtt 2012-0019019
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JAN 12,2012 11:08 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Einesl J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
8625 PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-020-23
PROJECTID: 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 469-5A) and
improvement plans (DWG 469-5) 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
MERDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL 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 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
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8626
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.
IN WITNESS WHEREOF, the undersigned has executed this instrument this
^ day of ^Je^. > 2011.
OWNER(S
Shea Homlps,
By:
(sitrn here)
Paul Barnes, Vice President
(print name and title)
Date:
By:
Date:
(sign here)
Sarah Beckman, Assistant Secretary
(print name and title)
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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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County
nnWlMf,^^ m^PlI before me.
f California }
1 At/ii oerore me,
— J Here Insert Nam^d Title of ttie Olficer
personally appeared g^AV^nff^ m (i It^Ci^ "^^'^^^
Date
RANA KHOURY r
Commission # 1916985 X
Notary Public - California 1
San Diego County g
My Comm. Expires Dec 13.20141 mmmw w^r^f^r^frn'mi'^'^^
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
he/she/they executed the same in his/her/their authorized
capacity (ies), and that by his/her/their 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
Though the information beiow 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 tfiumb fiere
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
O2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 -Chatsworth, CA 91313-2402 • wviw.NatlonalNotary.org Item #5907 Reorder. Call Toll-Free 1 -800-876-6827
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