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HomeMy WebLinkAboutCUP 06-11B; Pacific Ridge School; 2014-0200613; 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 DOC« 2014-0200G13 iiilillllililillillililliilll MAY 15, 2014 4:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: 213-122-17-00 CUP 06-11(8) Pacific Ridge School Expansion HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 445-2E) and improvement plans (DWG 445-2F) 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, (We) Pacific Ridge School, A California Non-Profit Public Benefit Corporation, the owner 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. It is agreed that the above owners will maintain all slopes and landscaping in a manner 1 Q:\CED\LandDev\PROJECTS\CUP\CUP 06\CUP 06-11 (B) Pacific Ridge Expansion - Levy\B & A\HOLD HARMLESS AGREEHflENT GEOLOGICAL FAILURE^(DWGS 445-2F8. 445-2E).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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q \CED\LandDev\PROJECTS\CUP\CUP 06\CUP 06-11(B) Pacific Ridge Expansion - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWGS 446-2F& 445-2E).doc 01/26/1J I IN WITNESS WHEREOF, the undersigned has executed this instrument this Z-?^ day of Aju^ ., 20//. APPROVED AS TO FORIVI: CELIA BREWER City Attorney OWNER(S) Pacific Ridge School, A California Non-Profit Public Benefit Corppfation By: (fi^here) Dr. Jay Lichter, Chair/President, Pacific Ridge School Board of Trustees (print name and title) Date: By: Eugene Chen, Treasurer, Pacific Ridge School Board of Trustees Date: (print name and title) ;0N KEP 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\CUP\CUP 06\CUP 06-11 (B) Pacific Ridge Expansion - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWGS 445-2F& 445-2E)doc 01/25/13 6v.Klb/'t "A'' Order No.: 930084047-U21 LEGAL DESCRIPTION COUNTY ON AUOUS^j';fASnLm'S7T45r ^™ °' '^'^ TOGETHER WITH: G^f ^r^r^^i^Jn^^^^^ ^^"TS, MINERALS, MINERAL RIGHTS NATURAL APN: 213-122-17-00 END OF LEGAL DESCRIPTION CLTA Preliminary Report Form - Modified (11-17-06) Page 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of: On OUhit before me, ^ ^==-^^^ g^jj ^ )^ ' 77 Here Ins^^Name and Title of the Officer personally appeared >J>. ^ "^...^T ^ 'yj Here Ins^Name and Title of the Officer /J J. DIAZ-OROSCO Commtstion # 1924S69 Notary Public • California San Oiego County ^ My Comm. Expires Feb 18,20151 who proved to mepn the basis of satisfactory evidence to be the persoai(«fwhose name(«)1s/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/herAheir authorized capacity(j^8)?and that by his/her/tbeif signature^ef on the instrument the person(8^ror 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 California that the foregoing paragraph is true and correct. WITNESS my haniand officiaLseal. Plage Notary Seal Above Signature. OPTIONAL 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(les) Claimed by Signer(s) 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:. Signer's Name: n 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 Associatton • 9350 De Soto Ave., P.O.Box 2402 .Chatsworth, CA 91313-2402.wym.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-80fr87&«827 Q \CED\LandDev\PROJECTS\CUP\CUP 06\CUP 06-11 (B) Pacific Ridge Expansion - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWGS 445-2F& 445-2E).doc 01/25/13