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HomeMy WebLinkAboutCT 10-01; DS Products Inc; 2012-0090688; 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 P DQCtt 2012-0090G88 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIH^^^^ FEB 16, 2012 1:49 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME 206-020-08 CT 10-01 SEABREEZE VILLAS RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 471-3A) and improvement plans (DWG 471-3) for development to occur on property more particulariy described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) DS Products, Inc., a California corporation, the owner(s) of said property promise to indemnify and to hold the City of Carisbad, 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, fflls 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\CTACT 10\CT 10-01 Sea Breeze Villas - Rick\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 471-3_471,3A).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. J(JlV , 20 y. APPROVED AS TO FORM: RONALD R. BALL City Attorney OWNER(S) DS Products, Inc., a Californja^orporation By: ^ (sig^ere) ^cmrPSi'tJpo p>mfbs^r Date: (print name and title) /UOiyzyyr (sioK here) Date: (print name and title) /'JOlp 20PP By:. ^ Deputy 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.) Q:\CED\LandDev\PROJECTS\CT^CT 10\CT 10-01 Sea Breeze Villas - Rick\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE{DWG 471-3_471,3A).doc EXHIBIT "A' PARCEL 1: THAT PORTION OF LOT 6 IN BLOCK S OF PAUSADES NUMBER TWO, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA. ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 25, 1924 LYING SOUTHWESTERLY FROM A UNE WHICH IS PARALLEL WITH AND DISTANT 65.00 FEET NORTHEASTERLY AT RIGHT ANGLES FROM THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY UNE OF LOT 4 IN BLOCK R OF SAID PAUSADES NUMBER TWO. PARCEL 2: ALSO THAT PORTION OF SECTION 7, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA. ACCORDING TO THE OFRCIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTHEASTERN SIDE OF A UNE PARALLEL WITH AND 50 FEET SOUTHWESTERLY FROM THE CENTER UNE OF THE MAIN TRACT OF SAID RAILWAY COMPANY ONTHE SOUTHEASTERN SIDE OF THE NORTHWESTERN UNE OF RANCHO AGUA HEDIONDA; ON THE SOUTHWESTERN SIDE BY A UNE PARALLEL WITH AND 100 FEET SOUTHWESTERLY FROM THE CENTER UNE OF MAIN TRACT; AND ON THE NORTHWESTERN SIDE BY THE SOUTHEASTERN UNE OF TAMARACK AVENUFAS SAID TAMARACK AVENUE IS DERNED BY EASEMENT FROM SAID RAILWAY COMPANY TO THE COUNTY OF SAN DIEGO DATED NOVEMBER 28, 1916. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ } On 7V/-// before me. Here Insert Name and Title of fhe Officer ^7 Date ^ ^ Her personally appeared ^.I7ep4 X- S^<ff ^^^V Name(s) of Slgner(s) m Onnui Cowi^ ^ who proved to me on the basis of satisfactory evidence to be the person^sf whose name(sf is/^fe subscribed to the within instrument and acknowledged to me that he/sh^/tbe^ executed the same in his/tief/tbeif authorized capacity(jfis), and that by his/jper/tberf signaturej(8) on the instrument the person(s)r or the entity upon behalf of whioh the person(^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. Place Notary Seal Above WITNESS my hand and official seal. Signature J Signaturfflof Noter^POblic (_;;>J ' OPTIONAL 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: 1 ~P/ f ^ Number of Pages: ^ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • • • • • • Other:. Corporate Officer — Title(s): Partner —- • Limited • General Attorney in Fact Trustee Guardian or Conservator RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, •-Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO.Box 2402 'Chatsworth, CA 91313-2402* www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CT\CT 10\CT 10-01 Sea Breeze Villas - Rick\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 471-3_471,3A).doc 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: Adelaida Mendez Commission Number: 1809018 Date Commission Expires: 8/8/12 County Where Bond is Filed: Orange Manufacturer or Vendor Number: NNA1 (Located on both sides ofthe notary seal border) Signature: 7^, Citv of Carlsbad Place of Execution: Office of the Citv Clerk/Citv of Carlsbad Date: 1/6/12 Rec. Form #R10 (Rev.7/96)