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HomeMy WebLinkAboutCT 85-35; JD Rock Dove LLC; 2012-0540113; Hold Harmless Agreement/ReleaseDOC« 2012-0540 llllllllllllllllllllllllllllllllllllllllllll 3 llllll RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY SEP 07, 2012 12:07 PM OF CARLSBAD WHEN RECORDED MAIL TO: OFFICIAL RECORDS SAN DIEGG COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 City Clerk PAGES: 3 CITY OF CARLSBAD 1 llllll IIIII mil mil mil lllll lllil iiiii iiiii iiiii iini iiiii iim iiiii iini im iiii 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 * •••••• ••••• ••••• ••••• ••••• lllll ••ill ••III ••III ••ill ••III ••ill ••III ••III ••III ••II !••! ASSESSOR'S PARCEL NO.: 215-600-23, 24, 25&26 PROJECT ID: CT 85-35 PROJECT NAIVIE: Aviara 5 (Pacific Rim) RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 292-2H) and improvement plans (DWG 292-2) for development to occur on property more particularly described as LOTS 123, 124, 125, AND 126 OF CITY OF CARLSBAD TRACT 85-35, AVIAfRA PHASE 1 UNIT C, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 29, 1989, and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) JD Rock Dove, LLC, Alaska 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 1 Q:\CED\LandDev\PROJECTS\CT\CT 1974 - 1989\CT 85\CT 85-35 Aviara 5 Basin Lots - Jimeno\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 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 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 ^f!> day of CyU Wf}, . 20 OWNER(S) JD Rock Dove, LLC, Alaska limited liability company By: ^ ^^(sitgh here) Teresa Raszewski, Authorized Representative (print name and title) Date: C7fjUP_. ^.5. Jl^yQ. By: (sign here) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: (print name and title) Date: assistant City Attornley (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 1974 - 1989\CT 85\CT 85-35 Aviara 5 Basin Lots - Jimeno\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc CALIFORMIA ALL-PURPOSE ACKNOWLEDGMENT State of California County On oeiiiiui I iia personally appeared )fore me, Name(s) of Signer(s) TRAGI CLINE CommiHtion # 1937210 Notary Public • Californii IXSSEZ/ Orange County « »Comm. Exptrat Jun 16.201Sl 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/herAheir 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 instmment. 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 Signature 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 Document Date: ed Document ^ . r\ f\ t:y IJ [(A Number of Pages: Signer(s) Other Than Named Above: !s) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner ^ D Limited • General • Attorney in Fact • Trustee • Guardian or Consen/ator • Other: . Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): . • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: ©2007 National Notary Association* 9350 De Soto Ave., P.O.Box 2402 •Chatsworth, CA 91313-24(K» www.NatlonalNatary.org Item #5907 Reorder Call Toll-Fwe 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CT\CT 1974 - 1989\CT 85\CT 85-35 Aviara 5 Basin Lots - Jlmeno\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc