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Home My WebLink AboutCT 05-05; KB Homes Costal; 2008-0388484; Hold Harmless Agreement/ReleaseDOC# 2008-0388484 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JUL21,2008 12:24 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: All SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 213-112-08,37 PROJECT NO. & NAME: CT 05-05 La Costa Greens, N. 1.16 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 444-2A) and improvement plans (DWG 444-2) for development to occur on property described as (see attached, Exhibit "A) more particularly described as (APN No. 213-112-08,37), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) KB Home Coastal Inc., a California 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 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 H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-05 La Costa Greens N. 1.16 - Wickham\Bonds and AgreementMHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 444-2A).doc 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 PROPERTY OWNERS KB Home Coastal, Inc., a California Corporation (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney "" Deputy City'A>\torney (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) 2 H:\Development Services\PROJECTS\CT FILESVCT 05\CT 05-05 La Costa Greens N. 1.16 - Wickham\Bonds and AgreemenftHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 444-2A).doo Certificate of Acknowledgement State of California County of Riverside On May 21. 2008 before me, Pamela K. Meserole. Notary Public, personally appeared Michael H. Freeman Jr. who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. Signatured _ L.PAMELA K. MESEROLE COMM. #1519506 m Notary Public-California W RIVERSIDE COUNTY -* My Comm,Exp.Oct152008 [ Exhibit "A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: LOT 16 OF CARLSBAD TRACT NO. 99-03 LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14543, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12, 2003. PARCEL B: PARCEL 1 OF PARCEL MAP NO. 19754, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 9, 2005. APN: 213-112-08-00 and 213-112-37-00 and 213-112-38-00 First American Title GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Pamela K. Meserole Commission Number: 1519506 Date Commission Expires: 10/15/08 County Where Bond is Filed: Riverside Manufacturer or Vendor Number: ESI1 (Located on both sides of the notary seal border) Signature:.City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: 7-17-08 Rec. Form #R10 (Rev.7/96)