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Home My WebLink AboutMS 15-13; Presidio Cornerstone QC LLC; 2016-0403164; 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# 2016-0403164 1111111111111111111111111111111111111111111111111111111111111111111111 Aug 09, 2016 09:40AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE §SOR'S PARCEL NO.: 167-040-44-00 PROJECT 10: MS 15-13 ------~--------~----PROJECT NAME: Quarry Creek PA R1 & R2 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 484-5F) and improvement plans (DWG 484-5G) 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 I\FILES01VIDepartments\CEDILandDeviPROJECTSIMSIMS 15\MS 15·13-Quarry Creek PA R-1-Levy (See SOP 15-17)\Bonds and Agreement\Bond for access road- Cornerstone\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 IIFILES01V\Departments\CED\LandDev\PROJECTS\MS\MS 15\MS 15-13-Quarry Creek PA R-1-Levy (See SDP 15-17)\Bonds and Agreement\Bond for access road- Cornerstone\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this oottl day of Jy,ne '20J!l... APPROVED AS TO FORM: CELIA BREWER City Attorney By~~~ City of Carlsbad OWNER(S) Presidio Cornerstone QC LLC, a Delaware limited liability company By: Cornerstone Communities, LLC, a California imited liability company, Its Operati Ma ' By: (sign here) Ure R. Kretowicz, Manager, Cornerstone Communities, LLC (print name and title) Date: {p . ')0 · {(,p (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.) 3 \\FILES01V\DepartmentsiCED\LandDev\PROJECTSIMS\MS 15\MS 15-13-Quarry Creek PA R-1-Levy (See SOP 15-17)\Bonds and Agreement\Bond for access road- Cornerstone\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ALL~PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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. State of California County of ~ 1>•9~c. On ::s:;N. 7.0, 2C\'Io before me, VC1't.• bl.:zon¥ ~\cs\:, tJ.,~ £\.}ot., Date ~ Here Insert Name and Title~'fhe Officer personally appeared ___ \-\,.L)xYL""'=---Q~-'---'\6::.:~~-<-"-\-o"-='W"'-·,_,, c.,__-z..,_ ________________ _ Name(s) of Signer(s) 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/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. @ KACEV SUZANNE KOMLOSKI Commission # 2114300 ~ Notary Public • California 1 ) San DittO County "" • o. o o J'J &o:r:·lit"d!!'I·Jil,ttl 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____..Jk.,.. ..... ·~~~v..._ .. _[l..,,Q.L."""""·.._ _____ _ ~nature 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: 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Individual 0 Trustee D Other: 0 Attorney in Fact 0 Guardian or Conservator Signer Is Representing: _________ _ Signer's Name: 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ________________________ _ Signer Is Representing: @2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CEDILandDev\PROJECTS\MS\MS 15\MS 15-13-Quarry Creek PA R-1-Levy (See SOP 15-17)\Bonds and Agreement\Bond for access road- Cornerstone\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 Order Number: NHSC-5028286 (06) Page Number: 12 LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of California, described as follows: LOTS 1 AND 2, OF THE CARLSBAD TRACT CT 11-04, IN THE CITY OF CARLSBAD, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16038, FILED IN THE OFFICE OF THE COUN1Y RECORDER OF SAID COUN1Y, JULY 10, 2015. APN: Portion of 167-040-21-00 Arst American Title