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Home My WebLink AboutMS 15-13; Presidio Cornerstone QC LLC; 2016-0260168; Hold Harmless Agreement/ReleaseRECORDING 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 DOC# 2016-0260168 1111111111111111111111111111111111111111111111111111111111111111111111 May 27, 2016 08:44AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 167-040-43 --------~------------xe;·-::; PROJECT ID: MS 15-13 (SDP 15-17) r.J PROJECT NAME: Quarry Creek PA R-1 '-·,--~·""""'' HOLD HARMLESS AGREEMENT -GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 484-50) and improvement plans (DWG 484-5H) 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, 1/(We) Presidio Cornerstone QC, 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 to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any 1\FILES01V\Departments\CEDILandDev\PROJECTSISDPISDP 15\SDP 15-17 Quarry Creek R-1\Bonds and AgreementsiHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 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. Ill /II Ill Ill Ill Ill /II Ill /II Ill Ill Ill /II /II Ill Ill /II Ill Ill /II /II /II 1\FILES01V\Departments\CED\LandDev\PROJECTS\SDPISDP 15\SDP 15-17 Quarry Creek R-1\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned ~-J--P\ !7 day of ____.1'--A_a""""'l&J=+-----' 204P has executed this instrument this APPROVED AS TO FORM: CELIA BREWER City Attorney OWNER(S) Presidio Cornerstone QC LLC, a Delaware limited liability company By: Cornerstone Communities, LLC, By: a California · , ited liability company, Its Operati g M (sign here) Ure R. Kretowicz, Manager, Cornerstone Communities, LLC (print name and title) Date: 4${ ~ { ';..Ol'to (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.) \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 15\SDP 15-17 Quarry Creek R-1\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILUREdoc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ "1"189 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached. and not the truthfulness, accuracy, or validity of that document. · Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~) whose name{f) is/are- subscribed to the within instrument and acknowledged to me that he/s/;;Je/thoy executed the same in his/~ authorized capacity(+e-s7. and that by his/~ signature(Ji;) on the instrument the person~, or the entity upon behalf of which the person(;>) acted, executed the instrument. Place Notary Seal Above 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 d1a~r-prk/ U tJPJ./411/b-·-='"' Signature of Notary Public ------------------------------------------------------------oPTIONAL--------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: D Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator 0 Other: Signer Is Representing: _________ _ Signer's Name: D Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General D Individual D Attorney in Fact D Trustee D Guardian or Conservator 0 Other: _________________ _ Signer Is Representing: _______ _ 11'>2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY {1-800-876-6827) Item #5907 \IFILES01V\Departments\CED\LandDev\PROJECTS\SDPISDP 15\SDP 15-17 Quarry Creek R-1\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 NOTARY SEAL CERTIFICATION (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: Commission Number: Cl\ (j -]q-'~ Date Commission Expires: 5li0, 'd.ei. 9..D} c'J Manufacturer or Vendor Number: __ ~~' ~~'_.:;\1\-_\-"---------------- (Located on both sides of the notary seal border) ') Place of Execution: £..-a JA fL'b!ZrlL~1S Date: S Rec Fonn #R10.1 (Rev 6111103) LEGAL DESCRIPTION LOT 1 AND LOT 2 OF PARCEL MAP NO. 16038, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 10, 2015, AS FILE NO. 2015-700025 OF OFFICIAL RECORDS. APN: 167-040-43 AND 167-040-44 -: · ..... ' ~' . •, :f:lj:'.,~f.