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Home My WebLink AboutCT 07-03; Brookfield Robertson PA 16 LLC; 2010-0181609; Hold Harmless Agreement/ReleaseDQC# 2010-0181609 ' RECORDING 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 APR 13, 2010 9:57 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 168-360-04-00 PROJECT ID: CT 07-03 PROJECT NAME: Robertson Ranch PA 14 RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 465-4A) and improvement plans (DWG 465-4) for development to occur on property more particularly described as Lot 4 of Carlsbad Tract No. 02-16, Map No. 15608, and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Brookfield Robertson PA 16 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 07\CT 07-03 Robertson Ranch PA-14 - Bobbett- Riddle\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 465^t).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 VB/\ day of MMAJ 20_16_. OWNER(S) Brookfield Robertson PA 16 LLC, a Delaware limited (print name and title) Date: ^ //7 (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By:. )eputy City Attorney (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 H:\Development Services\PROJECTS\CT FILESXCT 07\CT 07-03 Robertson Ranch PA-14 - Bobbett- Riddle\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILUREfDWG 465-4) doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ss. On March 17, 2010 _, before me, Gladys M. Eddy-Lee, Notary Public, personally appeared Adam D. Pevney and David R. Poole, GIADVS M. EDOV-IEE Commission #1673171 Notary PuWte - CaHtomta Son Dtogo County MyComm. Expires Jul 4, 2010 who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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 of Notary Public OPTIONAL Though the information below ;s 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:_ Capacities Claimed by Signers Signer's Name:Signer's Name:_ D Individual 0 Corporate Officer - Title D Partner — n Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer is representing Right Thumbprint of Signer Top of thumb here n n a a a n n Individual Corporate Officer - Title Partner - d Limited n General Attorney in Fact Trustee Guardian or Conservator Other: Signer is representing _ Right Thumbprint of Signer Top of thumb here