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HomeMy WebLinkAboutMS 13-07; Pivotal 650 California St., LLC; 2014-0200616; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 GarlsbadVillage Dr. Carlsbad, CA. 92008 DOCtt 2014-0200G1G 111111111111 4:59 PM MAY 15, 2014 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE EmeslJ Dronenburg. Jr.. COUNTY RECORDER FEES: 30.00 PAGES: 6 SPACE ABOVE THIS UNE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-261-01,02, 03 & 04 PROJECT ID: MS 13-07 PROJECT NAME: ViaSat Building 10 at Bressi Ranch RELATED PROJECT ID: . HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 4800-2A) and improvement plans (DWG 480-2) 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, Pivotal 650 Califomia St., LLC, 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 QACEDMandDevVPROJECTS\MS\MS 13\MS 13-07 Viasa, Expansion - Rick\B & WHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 480-2. 480-2AMOC 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// QACED\LandDevNPROJECTSNMS«S 13^MS 13-07 Viasa. Expansion - RicK^B a A^HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 480-2, 480-2Aydoc IN WITNESS WHEREOF, the undersigned has executed this instrument this dayof A:.^r.\ ,20j^. OWNER(S) Pivotal 650 California St., LLC, an Arizona Limited Liability Company By: Levine Investments Limited Partnership, an Arizona Limited Partnership, its Sole Member By: Keim Inc., an Ariz General Partner By: poration, its (sign here) William S. Levine. Chairman Date: (print name and title) By: (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attoi;ijey By RON KEMP 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\MS\MS 13\MS 13-07 Viasa. Expansion - RioMB S MHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 480-2, 480-2AMOC CALIFORNIA ALL-PURPOSE ACIWIOW^^ } State of-GaWewia nr, aA^(^^,2(?(<^beforeme t^dtt^ Vfi^aJlUC^ . KiU<^ fuJ^Qk On ^^^^ ^t-t/ ti-TjeiUra iriw, / . Here Insert Name and Title 6f the Officer ^ personally appeared IA)^UUcu. i — OFFICIAL SEAL RODICA POSASTIUC Notarv Puttie - State of Arkona MARICOPA COUNTY My OxTim. Expires July 11,2015 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/her/their authorized capacity(ies), and that by his/herAheir 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 GaHfomta-that the foregoing paragraph is true and correct.^*--^^^'^^ WITNESS my hand and official seal. Place Notary Seal Alrave Signature. Signature of Notary Public OPTIONAL Though the Information below is not required by law, It may prove valuable to Pf/'e'i''"^ 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:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name:_ • Individual • Corporate Officer —Title(s): • Partner — • Umited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT GF SIGNER Top of thumb here Signer Is Representing: ©2007 National Notery Association ^^^^^e^^^Tpoi^rS^^a^^ ltem#5907 Reorder: Call Toll-Free 1-800-876W7 ,:^CED^LandDev^PROJECTS^MS^MS 13\MS 13-07 Viasa. Expansion - Rick\B & AtHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWG 480-2, 480-2AMoc EXHIBIT A LOTS 10,11,12 AND 13 OF CARLSBAD TRACT CT 02-15 BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 04, 2005. 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: Nameof the Notary: ^^^-^nd tC« P. QSa.S'h/U.C Commission Number: Date Commission Expires: *l^ll"-/i' County Where Bond is Filed: Manufacturer or Vendor Number: (Located on both sides ofthe notary seal border) NJ|A- Signature: Citv of Carlsbad Place of Execution: Office of the Citv Clerk/Citv of Carlsbad Date: s^-'n-i^l Rec. Form #R10 (Rev.7/96)