Loading...
HomeMy WebLinkAboutCUP 10-08; Catholic Charities Diocese of San Diego; 2012-0404963; Hold Harmless Agreement/ReleaseMP RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC lllllllll 2012-04049G3 llllllllllllllllllllllllllllllll JUL 12, 2012 10:57 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: O.OO PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE 209-041-28 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAIVIE RELATED PROJECT ID: CUP 10-08 La Posada de Guadalupe HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 473-4A) 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) Catholic Charities Diocese of San Diego, a non profit 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 owner. It is agreed that the above owners will maintain all slopes and landscaping in a manner 1 Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-08 La Posada de Guadalupe - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 473-4A).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. IN WITNESS WHEREOF, the undersigned has executed this instrument this 36'^^ day of /??/^/^^ ., 20^^. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney OWNER(S) Catholic Charities Diocese of San Diego, a non profit corporatio By: poration ^ (sign here) Sister Ray^nda DuVall, Executive Director, Catholic Charities (print name and title) Date: By: (sign here) (print name and title) Date: (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\CURCUP 10\CUP 10-08 La Posada de Guadalupe - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 473-4A).doc EXHIBIT "A" PARCEL 2 OF PARCEL MAP NO. 15247, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 25, 1988 AS FILE/PAGE NO. 88-247094 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ALL OIL, MINERAL,GAS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500.00 FEET FROM SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF SURFACE ENTRY AS RESERVED BY PALOMAR VISTA, LTD., A LIMITED PARTNERSHIP IN DEED RECORDED SEPTEMBER 30, 1977 AS FILE/PAGE NO. 77-401720 OF OFFICIAL RECORDS. APN: 209-041-28-00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 5li\uix ' 'Date } personally appeared before me. Here Insert Name ancf Title of the Officer Name(s) of Signer(s) ftBWWtHlMH#t|iMrH0 _ who proved to me on the basis of satisfactory evidence to be the persoja^ whose namej(8^ is/ar^ubscribed to the within instrument and acknowledged to me that J?»^she/tt)ey^executed the same In-fHs/her/thelTauthorized capacityCie^, and that by J^i^her/tbeff signature's) on the instrument the persoi^(s)r or the entity upon behalf of which the person^ 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 hand and official seal. Place Notary Seal Alx>ve Signature. OPTIONAL - Signature of Notary POblfc ^ 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: RIGHTTHUIVIBPRINT OFSIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title{s): • Partner — • Limited • G^eral • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.NatlonalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-08 La Posada de Guadalupe - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 473-4A).doc GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Liberata R. Herrera Commission Number: 1807960 Date Commission Expires: 7/31/2012 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) Signature: Citv of Carlsbad Place of Execution: Office of the Citv Clerk/Citv of Carlsbad Date: 6/28/12 Rec. Form #R10 (Rev.7/96)