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HomeMy WebLinkAboutCT 85-35; JRH Real Estate Co; 2012-0540114; Hold Harmless Agreement/ReleaseDOCtt 2012-0540 Illllllllllllll llllllll 14 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY SEP 07, 2012 12:07 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: 3 CITY OF CARLSBAD i llllll III!! IIIII llfll IIIII IIIII IIIII IIIII lilll lllli IIIII IIIII IIIII IIIII IIIII nil nil 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 HMiii mmwt ••111 ••••• liiii ••III ••III ••III •••II ••III ••III ••III ••III ••III ••II mi SPACE ABOVE THIS LINE FOR RECORDER'S USE 215-600-27-00 ASSESSOR'S PARCEL NO. (^tl PROJECT ID /(p PROJECT NAME RELATED PROJECT ID: CT 85-35 Aviara 5 (Pacific Rim) HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 292-2H) for development to occur on property more particularly described as LOT 127 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I 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) JRH Real Estate Company, a California corporation, 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 ma?le or done pursuant to the approved plans, nor shall any officer or employee thereof be liable o'r responsible for any accident, loss or damage happening or occurring during the construction w(prk or improvements as specified in this agreement. The entire risk of any 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 (DWG 292- 2&DWG 292-2H).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 ^ dayof Joyi£^ r=H.20]^. a corporation Date: (sign^her^ John Hartung, President (print name and title) By: Date: (sign here) (print name and title) APPROVED AS TO FORM: RONALD R. BALL City Attorney » Assistant 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 1974 - 1989\CT 85\CT 85-35 Aviara 5 Basin Lots - Jimeno\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 292- 2&DWG 292-2H).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ] on UM^l^ • before me, ( ^Mjc f ^mb\ ^ I I Date 7 Q Here Insert Name and Title ofjjfie OHicef personally appeared. Name(s) of Signer(s) JENNY E.TORABI Commission # 1889989 Notary Public - California Orange County ^ ^My CoitMn. ExpifM May [8.2014 ^ who proved to me on the basis of satisfactory evidence to be the person(s) whose(narri^(J^@9fe subscribed to the within instrument ano^'^nowledged to me that [hg]^bg4h«y executed the same ln(hi|)heg^theti^ ^apaci^i^, arid that bvChiil'het^^etr^gna^^ on the jnsrruTnent ibe<persoQl(^, or the entity upon behalf of which the^ersoijf^ 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 WITN Signature OPTIONAL al seal. Signature of Notary Public 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: 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: 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: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007National Notary Association•9350 De Soto Ave., RO.Box 2402 • Chatsworth, CA 91313-2402•www.NatlonalNotary.org Item #5907 Reorder:CallToll-Free 1-800-876-6827 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 (DWG 292- 2&DWG 292-2H).doc