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HomeMy WebLinkAboutCT 05-10; K. HOVNANIAN AT CARLSBAD, LLC; 2011-0240060; 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 I V DQCtt 2011-0240060 MAY 09, 2011 3:12 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 214-471-53 PROJECT ID: CT 05-10 PROJECT NAME: Poinsettia Properties The Tides RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 469-8A) and improvement plans (DWG 469-8) for development to occur on property more particularly described as (see attached Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) K. Hovnanian at Carlsbad, LLC, 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 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 1 Q:\CED\LandDev\PROJECTS\CT\CT 05\CT 05-10 Poinsettia Property - Rick, Bobbett\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILLIRE(DWG 469-8AJ.doc 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 g4iit 20//. OWNER(S) K. Hovnanian at Carlsbad, LLC, a California limited liability company By: (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorra (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 Q:\CED\LandDev\PROJECTS\CT\CT 05\CT 05-10 Poinsettia Property - Rick, BobbetnB & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 469-8A).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT *5»!Qsx*?ivJ^*fr^sares!i^SMQsyJQ State of California County of ^QY On /Vt>UI 0>Z0II before me, Date J personally appeared , NamHere Insert Name and Title of the it/Offlber Namafs) of Signer(s) CATHIE ZHOU Commission #1819063 Notary Public - California San Bernardino County ,JYrM.mP«yrifiiOct21.2012j who proved to me on the basis of satisfactory evidence to be the person^ whose name^rj^afe subscribed to the within instrument and acknowledged to me that executed the same in(fjls)lhe&4ketr authorized d that by Kjphei#heTrsignature(s/on the instrument the person(sV 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 ojjQalifqrJQia-thaJ: the foregoing paragraph is true and Place Notary Seal Above WITI OPTIONAL Sijfiature of Notary Public ~" 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 t]e or Type of Document: Document"! Signer(s) Other Than NamethAbjgye: Number o>Pages Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D Genei D Attorney in Fact D Trustee D Guardian or Cpprgervator D Other:_ SigTre^sjSlame: D RIGHTTHUMBPRINT OF SIGNER Top of thumb here Sigrjsns Representing:. D Corporate Officer-^- Title(s): _ D Partner — D Limiteo^B^eneral D Attorney in Fact "\ D Trustee D Guardian or Conservator D Other: _ Signer Is Representing: _ RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402'Chatsworth,CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 EXHIBIT "A" LOT 171 OF CARLSBAD TRACT 73-24, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7996, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 2, 1974.