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HomeMy WebLinkAboutCUP 11-05; Marsaglia Properties LLC; 2012-0285550; Hold Harmless Agreement/ReleaseDOC IIIIII 2012-0285550 iiiiiiiiiyiiiiiiiiiiiiiiiii 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 MAY 15, 2012 3:53 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dfonenburg, Jr., COUNTY RECORDER FEES: 21.00 PAGES: 3 SPACE ABOVE THIS LINE FOR RECORDER'S USE 213-263-24, 25 & 26 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME CUP 11-05 Bressi Ranch Lot 10 (Pizza Port) RELATED PROJECT ID: PIP 11-01 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 474-1 A) and improvement plans (DWG 474-1) for development to occur on property more particularly described as LOT 10 OF CARLSBAD TRACT NO. 05-09 BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15669, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 8, 2008, and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Marsaglia Properties, LLC, a California limited liability company, 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 duhng Q:\CED\LandDev\PROJECTS\CUP\CUP 11\CUP 11-05 Production Facility at Bressi Rancti - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 474-1 A).doc 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 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 2^'^ day of \A^iPC7U ,20 |2 APPROVED AS TO FORM: RONALD R. BALL City Attorney By:. OWNER(S) Marsaglia Properties LLC, a California limited liability company. By: (sign here) Gina Marsaglia, Member Date: (print name and title) Deputy 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 11\CUP 11-05 Production Facility at Bressi Ranch - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 474-1 A).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CgLlifornia County of,^Jy/X. } before me, ^.AfLQpXcWv, AZ^WM \jto(/o)>' Date ) '^/^'V . A y ^ H^re Insert Nam^and Title of the Officjr I personally appeare Name(s) of Signer(s) OFRCIALSEAL JENNIFER L. TRIH NOTARY PUBUC-CALIFORNlAg COMM. NO. 1866902 ^ SAN DIEQO COUNTY MY COMM, EXP. OCT. 2.2013 who proved to me on the basis of satisfactory evidence to be the persoit^^whose nam&(^is/&f^ subscribed to the within instrument and acknowledged to me that lli^he/th^executed the same in hi^ier/tYteir authorized capacity(lie^, and that by lTls(her)Mq^ir signature(«) on the instrument the persorl^, or the entity upon behalf of which the person(si^teb, 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 a. Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable to pe/sons 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: Signer(s) Other Than Named Above: Attached Document ^ ocument: ^/"l-P^^ Number of Pages: ^ 3 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: RIGHT THUMBPRINT 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 ©2007 National Notary Association'9350 De Soto Ave., P.O. Box 2402* Chatsworth.CA 91313-2402 •www.NatlonalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 5-10, PR 11-