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HomeMy WebLinkAboutCT 05-18; Seascape Developments LLC; 2016-0175089; 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 DOC# 2016-0175089 lllll/1111111111111111111111111111111111111111111111 111111111111111111 Apr 15, 2016 09:28 AM OFFICIAL RECORDS Ernest J. Dronenburg Jr SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-040-09, 215-040-11 PROJECT ID: CT 05-18 ----------------------PROJECT NAME: Seascape ------~-------------- RELATEDPROJECTID: -------------------- HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 475-7A) and improvement plans (DWG 475-7) 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, 1/(We) Seascape Developments, 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. 1 \IFILES01V\Departments\CED\LandDev\PROJECTSICT\CT 05\CT 05-18 Seascape· Wickham\Bonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \IFILES01V\Departments\CED\LandDev\PROJECTSICT\CT 05\CT 05-18 Seascape-Wickham\Bonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned _ _,Z.:::;.._....6_1tc __ day of __ !-_ ...... e.-_L _____ , 20 ( b . has executed this instrument this APPROVED AS TO FORM: CELIA BREWER OWNER(S) Seascape Developments, LLC, a California limited liability company By ~- Rajeev Bhatia, Managing Member, Seascape Developments, LLC (print name and title) Date: City Attorney By: (/j;£{L~C{) ~p_fl.{tl(r S1YIJ),tcf 7 RON KEMP j}Jc~"h1 J:-o Assistant City Attorney J p I/ City of Carlsbad (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.) 3 \\FILES01V\Departments\CED\LandDev\PROJECTS\CTICT 05\CT 05-18 Seascape-Wickham\Bonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 ~xh(br+ A LEGAL DESCRIPTION PARCEL 1: (APN: 215-040-09-00) THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL 2: (APN: 215-040-11-00) THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s} isiaw,. subscribed to the within instrument and acknowledged to me that helshe/l!hey executed the same in hislher/tl:ieir authorized capacity(ies), and that by his/Aef./taeir signature(s) on the instrument the person{s), or the entity upon behalf of which the person(s) acted, executed the instrument. KATHY WESTFALL Commleslon fl 2094550 Notary Public • California San Diego County Comm. Ex ires Jan 14,2019 Place Notary Sea! Above z z ~ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -----------------------------------------------------oPTIONAL--------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ____________ _ 0 Corporate Officer -Title{s): ______ _ Signer's Name:------,--,------------ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General D Partner -0 Limited D General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator D Other: _______________ _ D Other: Signer Is Representing: _________ _ Signer Is Representing: _________ _ ""<g;;)_'@;;~'§L~-;g<j@-;g<j@@;--;g<j@~~-;g<j@@'@@'iW-._~"§YJ'§Xi'@>~~~~~~'%-~-;g<j@"i\ ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY {1-800-876-6827) Item #5907 4 I\FILES01V\DepartmentsiCED\LandDev\PROJECTS\CT\CT 05\CT 05-18 Seascape· Wickham\Bonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13