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HomeMy WebLinkAboutPD 07-08; La Costa De Marbella Homeowners Association; 2009-0247691; Hold Harmless Agreement/ReleaseDOC# 2009-0247691 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 MAY 11, 2009 4:08 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: o.OO PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 216-240-55 PROJECT ID: PD 07-08 PROJECT NAME: Marbella Slope Stabilization RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 454-5A) for development to occur on property more particularly described as Lot 1 of Carlsbad Tract no. 73-7, La Costa De Marbella according to Map No. 7921 recorded on April 15, 1974, and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) La Costa De Marbella Homeowners' Association, a California nonprofit mutual benefit corporation, 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 07\PD 07-08 Marbella Slope Stabilization - BobbetnB & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 454-5A).doc 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 (•-W^yk'V , 20 Oo OWNER(S) La Costa De Marbella Homeowners' Association, a California nonprofit mutual benefit corporation^ By: (sign here) Ross Jurewitz, President (print name and title) Date: By: Jason Lewis, Treasurer (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney Bv: JPJL* Deputy City Attorney (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) H:\Development Services\PROJECTS\PD FILES\PD 07\PD 07-08 Marbella Slope Stabilization - BobbetttB & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILUREfDWG 454-5A).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ^ State of California County of On P O v—Date , personally appeared before me,<st!ea* Insert Name'and Title ol thtDfSfer Name(s) of Slgnerls) CIMV SONGALIA | CommlMton # 1791203 f i Notary Public • California t San Dl«go County Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be. the person(s) whose name(s) i^are subscribed to the within instrument and acknowledged to me that executed the same in Wakes/their authorized capacrty(ies), and that by hjEfflSrAheir 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 my hand 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 bate:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ' •:.• • D Individual D Corporate QfFieer —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 Piepresenting: __ 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: RIGHTTHUMBPRINT OF SIGNER i Top of thumb here- ©2007National Notary Association-9350 DeSotoAve., P.O.Box 2402>Chatsworth,CA 91313-2402-www.NationalNotary.org Item #5907 ReorderCallToll-Fiee 1-800-876-6827