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Home My WebLink AboutCT 05-13; Western Pacific Housing Inc; 2007-0636688; Hold Harmless Agreement/Release(L ; iff, ;:P l,t RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2007-0636688 illlllilllllilllllllll OCT 01,2007 12:53 PM OFFICIAL RE CORDSSAN DIEGO COUNTY RECORDER'S OFFICEG R E G 0 RY,! S MIT H CO 0 N TY R E CO R [) E R FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 223-720-03-00 CT05-13PROJECT NO. & NAME: La Costa Ridge Neighborhood 2.6 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 448-3A) and improvement plans (DWG 448-3) for development to occur on property described as Lot 223 of CT 99-04-02 Map No. 14838 more particularly described as (APN No. 223-720-03-00), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Western Pacific Housing, 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 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 H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-13 La Costa Ridge N. 2.6 - Rick\Bonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 448-3).doc Rev. 12/08/98 II 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 PROPERTY OWNERS Western Pacific Housing, Inc., a Delaware Corporation By:J (sign here) David Stearn, Vice President (print name and title) Date: "" By: (sign here) (print name and title) Date: [ APPROVED AS TO FORM: RONALD R. BALL City Attorney jputy City Attorney (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 FILES\CT 05\CT 05-13 La Costa Ridge N. 2.6 - Rick\Bonds and AgreemenWHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 448-3).doc Rev. 12/08/98 State of California County of San Diego On I ate) personally appeared before me, J^AV/D (Name, Title of Officer) (Name[s] of Signer[s]) ''personally known to me -^QR • D— tn gf Sritisfrrtnry to be the persoD^F whose name(sf x\ Ms/afe' subscribed to the within instrument and acknowledged to me executed the same in(^is/hef/thetr authorized capacity(tes)7 and that signature(8^on the instrument the person^sJTor entity upon behalf of which the persop(*)- acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-13 La Costa Ridge N 2.6 - RickXBonds and AgreementtHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 448-3J.doc Rev 12/08/98 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: Kimberlv N. Molina Commission Number: 1632263 Date Commission Expires: January 17. 2010 County Where Bond is Filed: San Dieao County Manufacturer or Vendor Number: NNA1A (Located on both sides of the notary seal border) Signature: ^o- ^ ^ > City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: September 26. 2007 Rec. Form #R10 (Rev.7/96)