Loading...
HomeMy WebLinkAboutCUP 10-12; Chabad at La Costa; 2012-0333374; Hold Harmless Agreement/ReleaseDOC llllll 20 lllllllll 2-0333374 nil RECORDING 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 JUN 07, 2012 9:24 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 24.00 PAGES: 8785 SPACE ABOVE THIS LINE FOR RECORDER'S USE 216-580-08-00 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME CUP 10-12 CHABAD AT LA COSTA RELATED PROJECT ID: CB120241 HOLD HARIVILESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (CUP 10-12/CB120241) for development to occur on property more particularly described as Exhibit A attached and other good and valuable consideration, receipt of which is hereby acknowledged. We, Chabad at La Costa, a California Nonprofit Religious 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. Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-12 New Jewish Community Center - Bobbett\Correspondence\Admin Doc\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 8786 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 dav of r^CLrtk 20; 2>. OWNER(S) CHABAD AT LA COSTA, a California Nonprofit Religious Corporation By: (sign here) Date: (print name and title) ^ tf'/L^<ver' APPROVED AS TO FORM: RONALD R. BALL City Attorney By:. Deputy City Attori\ey By: Date: (sign here) (print name and title) (Proper notarial acknowledgment of execution by owner(s) must be attached) (Cliairman 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 10\CUP 10-12 New Jewish Community Center - Bobbett\Correspondence\Admin DocVHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 8787 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SanPiegO } On MAR 0 6 2012 before me, Water E. Pueschel. a Notary PuMc Date Here Insert Name and Title of the Officer personally appeared. Name(s) of Signer(s) WALTER E. PUESCHEL Commission # 1796955 Notary Public •Ccrilfornia { ton Oi^oo County * »Comm.E){plwtJui9.2012 V Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personjf^ whose name(;^ is/are subscribed to the within instrument and acknowledged to me that he/she/tl^ey executed the same in his/het/U^r authorized capacity(igs), and that by his/her/their signaturej^ on the instrument the person^ or the entity upon behalf of which the personj^) 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. 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 Mo^D /A^A^C<^ A<^Me^^'>^ Title or Type of Document: Document Date: j\/l AR 0 6 2012 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual ^ ^ Corporate Officer — Title(s): ^U^J^tOf^'-r— • Partner— • Limited •General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 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 ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder. Call Toil-Free 1 -800-876-6827 Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-12 New Jewish Community Center - Bobbett\Correspondence\Admin DodHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc EXHIBITA g^gg Real property In the Qty of Carlsbad, Osunty of San Diego, State of Califomia, described as follows: LOT 8 OF CARLSBAD TRACT NO. 97-09, LA COSTA LUCKY SAV-ON SHOPPING CENTER #121- 283, IN THE QTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14038, RLED IN THE OFHCE OF THE COUNTY RECORDER OF SAN DIEGO COUffTY, SEPTEMBER 15, 2000 AS INSTRUMENT NO. 00-496121 OF OFHOAL RECORDS. APN: 216-580-08-00