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HomeMy WebLinkAboutMS 12-05; Benjamin, Mark; 2013-0623948; Hold Harmless Agreement/Releasefi 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 DOCtt 2013-0G23948 lllllll liiiiiiiiiiiiin OCT 17, 2013 11:28 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE EmeslJ. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE 203-054-07 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME MS 12-05 Railyard Lofts RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 478-7A) 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) Mark Benjamin, the owner(s) of said property promise to indemnify and to hold the City of Cartsbad, 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, operafion or maintenance. Approval of the plans or permits, or inspecfion 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 resulfing 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 satisfacfion of the City Engineer. The owners agree to repair any Q:\CED\LandDev\PROJECTS\MS\MS 12\MS 12-05 Railyard Lofts - Wickham\B & A\MS 12-05 DWG 478-7A HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 damage to public improvements caused by any geological failure referred to in this agreement to the satisfacfion 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// Q \CED\LandDev\PROJECTS\MS\MS 12\MS 12-05 Railyard Lofts - Wickham\B & A\MS 12-05 DWG 478-7A HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this (9Cr^ day of . 20_/3. OWNER(S) Mark Benjamin, Owner, A Single Man By: Date: (sign nere) Mark Benjamin, Owner, A Single Man (print name and tifie) APPROVED AS TO FORM: By: Date: (sign here) (print name and tifie) CELIA BREWER City Attorney ... mo^ RON KEMP > Assistant City Attorney (Proper notarial acknowledgment of execufion by owner(s) must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Oft'icer, 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 i.ecretary under corporate seal empowering that officer to bind the corporation.) Q \CED\LandDev\PROJECTS\MS\MS 12\MS 12-05 Railyard Lofts - Wickham\B & A\MS 12-05 DWG 478-7A HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } State of California County of on H-l0-i3 ^ before me, US^t Tlbbcls, 100^ i)ui)l.l( QgXQ Hefe Insert Name andTitle'of the Officer personally appeared Name(s) of Slgner(s) 0 r, ^ ^ ^•'W LISA TIBBELS 7 ^ COMM. # 1919990 ^ NOTARY PUBUC-CAUFORNIA .s.-^ .yJ SAN DIEGO COUNTY U ^r^^^rOMM, EXPIRES JAN. 2, 2015 ^ mm. Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef#ieir authorized capacity (ies), and that by his/hef#reir signature(s) on the instrument the person(s), or 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 mO>a.nd apd dlfigiaKseal. Signature. Signature of Notary Public 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 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 — • Umited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT 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 AssociatkDn • 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\MS\MS 12\MS 12-05 Railyard Lofts - Wickham\B & A\MS 12-05 DWG 478-7A HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT "A" THE SOUTHERLY 51 FEET OF LOT 6 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUWY RECORDER OF SAN DIEGO COUNTY, JULY 28,1921; THE NORTHERLY LINE OF SAID SOUTHERLY 51 FEET BEING PARALLEL WTTH THE DIVIDING LINE BETWEEN LOTS 5 AND 6 IN SAID SEASIDE LANDS. f t)/f5 SEAN C. ENGLERT, L.S. 7959 DATE 1 ofl