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HomeMy WebLinkAboutCT 05-15; LC Oaks 3.3 LLC; 2008-0254596; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DGC# 2008-0254596 MAY 12, 2008 4:01 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 15.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.223-810-06 223-810-07 223-810-08 CT05-15PROJECT NO. & NAME: La Costa Oaks North Neighborhood 3.3 South HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 446-5E) and improvement plans (DWG 446-F) for development to occur on property described as Lots 202 & 203 of the City of Carlsbad Tract Ct 09-04-03, Villages of La Costa - La Costa Oaks North in the City of Carlsbad, County of San Diego, State of California, according to Map No. 15318 filed in the Office of the San Diego County Recorder on April 18, 2006, and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) LC Oaks 3.3, LLC, a Delaware 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. H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-15 La Costa Oaks North Nei. 3.3 - Jimeno\Bonds and AgreemenhHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (#2DWG 446-5E).doc 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 ll*~ day of ^A^^^. , 20o& . PROPERTY OWNERS f LC Oaks 3.3, LLC, a Delaware limited liability company By: LC Oaks 3.3 Holdings L2, LLC, a Delaware limited liability company, its Sole Member By: LC Oaks 3.3 Holdings, LLC, a Delaware limited liability company it's Managing Member By: Colrich Residential, LLC, a Delaware limited liability company, its Managing Member By: (sign here) Danny Gabriel, Manager Date: By: (print name and title) (sign bere) Date: (print name and title) APPROVED AS TO FORM: RONALD R. BALL City Attorney Jeputy City Attdjney (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.) H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-15 La Costa Oaks North Nei. 3.3 - JimenoVBonds and AgreementtHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (#2DWG 446-5E).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO On MARCH 19, 2008 before me, M. L. LOCUS, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared DANNY GABRIEL Name(s) of Signer(s) M.L.LUCU8 #1707573 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/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 - Signature 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 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: _ D Individual D Corporate Officer — Title(s): _ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _ RIGHT THUMBPRiNT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RK3HTTHUMBPRINT 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