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HomeMy WebLinkAboutCUP 05-06; Real Estate Collateral Management Company; 2007-0278672; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad, CA 92008 DGC# 2007-0278672 OFFICIAL RE CORDS S4N DIEGO COUNT ij RECORDER'S OFFICE GREGORV.I SMITH, COUNTi1 RECORDER FEES n 00 PAGES ': SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 223-032-01 and 223-071-11 PROJECT NO. & NAME: CUP 05-06 La Costa North Neighborhood 3.2 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 442-1 A) and improvement plans (DWG 442-1) for development to occur on property described as Lots 194, 195, and 201 through 219 inclusive, City of Carlsbad Tract 99-04-03 Villages of La Costa - La Costa Oaks North in the City of Carlsbad, County of San Diego, State of California, according to map thereof No 15318, filed in the Office of the County Recorder of San Diego County, April 18, 2006, more particularly described as APN No 223-032-01 and 223-071-11, and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Real Estate Collateral Management Company, a Delaware 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 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 H \Development Services\PROJECTS\CUP FILES\CUP 05\CUP 05-06 ICON Neigh 3 2 RV Storage - Jimeno\Bonds and AgreemenfiHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 442-1, 1A) doc Rev 12/08/98 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 day of PROPERTY OWNERS Real Estate Collateral Management Company, a Delaware corporation By ^^_ (sign here) Date. (print name and title) By (sign here) Date- APPROVED AS TO FORM. RONALD R. BALL City Attorney (print name and title) Deputy City Attorney (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) H \Development Services\PROJECTS\CUP FILES\CUP 05\CUP 05-06 LCON Neigh 3 2 RV Storage - Jimeno\Bonds and AgreementMHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 442-1. 1 A) doc Rev 12/08/98 J State of California ) ) County of San Diego ) On (Date) personally appeared before me, (Name, Title of Officer) (Name[s] of Signer[s]) t 0"personally known to me -OR - D .tocoved-te-me on Hie basis of-sate£actQry_evidence)io be the personfs) whose name(6) is/afe- subscribed to the within instrument and acknowledged to me that he/she/tbey- executed the same in his/hef/thetr authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the personfs) acted, executed the instrument WITNESS my hand and official seal Signature of Notary MtCHELE POLITO Commission # 1618294 Notary PubBc-Cottfomta Son Dtego County MyComm.Exph»iNov29.2009 (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No of Pages H \Development Services\PROJECTS\CUP FiLESVCUP 05\CUP 05-06 LCON Neigh 3 2 RV Storage - Jimero\Bonds and AgreemenWHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 442-1, 1A) doc Rev 12/08/98