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HomeMy WebLinkAboutPD 06-18; HCP AUR1 California A Pack LLC; 2010-0001775; Hold Harmless Agreement/ReleaseDQC# 2010-0001775 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 JAN 04, 2010 2:51 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 167-090-72-00 PROJECT ID: PD 06-18 PROJECT NAME: Brighton Gardens (aka Emeritus at Carlsbad) RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 446-8A) for development to occur on property more particularly described as Parcels A, B, & C as shown per Adjustment Plat per Doc. No. 1997-0210207, and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) HCP AUR1 California A Pack, LLC, a Delaware 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 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. H:\Development Services\PROJECTS\PD FILES\PD 06\PD 06-18 Brighton Gardens - WickharrABonds and AgreemenftHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE#2.docx 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 //^ day of AW* kr 20 Oj. OWNER(S) HCP AUR1 California A Pack, LLC, a Delaware limited liability company By:/^t (sign here) £x€Xnt( Susan M. Tate, Senior Vice President Date: (print name and title) //. By: (sign here) (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By:_ De'putyC^y Attofrfey v (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.) H:\Development Services\PROJECTS\PD FILES\PD 06\PD 06-18 Brighton Gardens - WickhanrABonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE#2.docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of I ,?fe> On Date personally appeared m^ before me, Here Insert Name and Title of the Officer Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(£) whose name(s/jf is/afe subscribed to the within instrument and acknowledged to me that h£/she/th£y executed the same in ty£/her/tb6ir authorized capacity(i^s), and that by bis/her/th^(r signature^) on the instrument the person(^), 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 my hajjd and official seal. Signature-^ 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: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 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: Name of the Notary: Claudia M Adair Commission Number: 1691204 Date Commission Expires: September 30, 2010 County Where Bond is Filed: Los Angeles Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) ( V\ u • • -Signature: I t^i-fc^i^ UftMjv^' City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: (~[G O Rec. Form #R10 (Rev.7/96)