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HomeMy WebLinkAboutCT 13-05; Taylor Morrison of California, LLC; 2014-0542587; Hold Harmless Agreement/ReleaseDOCtt 2014-0542587 llllliill RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY DEC 09, 2014 4:59 PM OF CARLSBAD WHEN RECORDED MAIL TO: OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 City Clerk PAGES: 5 CITY OF CARLSBAD 1 mill mil mil mil iiiii mil mil mil iiiii mil mil mil mil mil mil mi iiii 1200 Carlsbad Village Dr. ^ lliiilllll^ Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 155-200-07, 203-054-19,20, 21 &22 PROJECT ID: CT 13-05 PROJECT NAME: State Street Townhomes RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 484-2A) and improvement plans (DWG 484-2) 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, l/(We) Taylor Morrison of California, LLC, 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. Q:\CED\LandDev\PROJECTS\CT\CT 13\CT 13-05 Stale Street Townhomes - BobbettVHOLD HARMLESS AGREEIVIENT GEOLOGICAL FAILURE (DWG 484-2 &2A) 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDev\PROJECTS\CT\CT 13\CT 13-05 State Street Townhomes - Bobbett\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 484-2 &2A).doc IN WITNESS WHEREOF, the undersigned has executed this instrument this -27/ day of Ocivbe^ 20±1. APPROVED AS TO FORM: CELIA BREWER City Attorney RON KEMP X Assistant City Attorney OWNER(S) Taylor Morrison of California, LLC, pany a Califort\iaxmitesLlia By: (sign here) Philip S. Bodem, Vice President, Taylor Morrison of California, LLC Date: By: (print name and title) (sign here) Marta Flores, Secretary, Taylor Morrison of California, LLC Date: (print name and title) (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 13\CT 13-05 State Street Townhomes - Bobbett\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 484-2 &2A) doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. } On r>.UWr 51 before me, Ar^f^. . Anjg f,%r\ , pl")V^t/ io 1C \ ,A rti .-uj/L ^ ( V V- --^ ' ' - Tiere Insert Name^nd Title of the Otficeii Date personally appeared ki Nanie(s) ot SignSrts) GRACE S.ANDERSON Commission # 1991524 Notary Public - California Orange County 2 My Comm. Expires Sap 17 20161 I I I I • • v< who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i^/are subscribed to the within instrument and acknowledged to me that l^^/^fie/they executed the same in f)fe/li^r/their authorized capacity (ies), and that by hi6/fj)6r/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 Calitornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL - Though the Information below is not required by taw, 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 Pp^' 1'^^*^'^^'^-^ Ija. Title or Type of Document; Uo^A U/X)?JVl\g?jb hjfieft.Qi&-h6fia^Ci2Q fhji\i, rfi-. Document Date: Number of Pages: Signer(s) Other Than Named Above; Capacity(ies) Claimed by Signer(s) Signer's Name; • Individual • Corporate Officer — Title{s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other; Signer is Representing; RlGHTTHUIVIBPRiNT OF SIGNER lop of thumD here Signer's Name; • Individual • Corporate Officer — Title{s); • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other; Signer Is Representing;. RIGHTTHUMBPRIMT^ OF SIGNER Top of tnumo here ©2007National Notary Association'9350 De Soto Ave., P.O.Box 2402 • Chatsworth, GA 91313-2402-www.NationalNotary.org Item #5907 Reorder:CallToil-Ftee 1-800-876-6827 Q:\CED\La^dDev\PROJECTS\CT^CT 13\CT 13-06 State Street Townnomes - Boboett\GRADING AND EROSION CONTROL AGREEMENT (DWG 484-2A).aocREV 01/25/13 PRELIMINARY REPORT YOUR REFERENCE: State St. Project 1 C3ucago Title Company ORDER NO.: I2203708-996-U50 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: APN 203-054-22 LOTS 16 AND 17 IN SEASIDE LANDS, IN THE QTY OF CARLSBAD, COUNTY OF SAN DBEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28,1921. PARCEL B: APN 203-054-21 LOT 15 IN SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALDFORNEA, ACCORDING TO MAP THEREOF NO. 1722. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY RECORDER OF SAN DIEGO COUNTY. JULY 28,1921. PARCEL C: APN 155-200-07 THAT PORTION OF LOT 18 IN SEASIDE LANDS, IN THE OTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 1722. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, LYING SOUTHEAST OF A LINE THAT IS PARALLEL WTTH AND DISTANT 85 FEET AT RIGHT ANGLES NORTHWESTERLY FROM THE DIVIDING LINE BETWEEN LOTS 17 AND 18 IN SAID SEASIDE LANDS. PARCEL D: APN 203-054-19 & 20 LOTS 12, 13 AND 14, SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 1722. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28,1921. CLTA Preliminary Report Form - Modified (11/17/06) Pages