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HomeMy WebLinkAboutPUD 09-02A; MARARISK CARLSBAD LLC; 2010-0550419; 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 DQCtt 2010-0550419 OCT13, 2010 8:34 AM 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.: 212-130-45 PROJECT ID: PUD 09-02(A) PROJECT NAME: Life Technologies Amenity Building RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of improvement plans (DWG 462-7D) for development to occur on property more particularly described as PARCEL 2 OF PARCEL MAP NO. 17971, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 24, 1997 AS FILE NO. 1997-0656621 OF OFFICIAL RECORDS, and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Mararisk Carlsbad, 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 1 H:\Development Services\PROJECTS\PUD FILES\PUD 09\PUD 09-02(A) Life Technologies - Riddle\B & AMHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE- Mararisk (DWG 462-7D).dOCX 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 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 &U[US-(- , 20 \O. OWNER(S) Mararisk Carlsbad, LLC, a Delaware limited liability (sign here) Wes Uhlman, its managing member (print name and title) Date: (sign here) « Robert C. Penney, its managing member Date: (print name and title) to APPROVED AS TO FORM: RONALD R. BALL City Attorney By:. Deputy 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.) 2 H:\Development Services\PROJECTS\PUD FILES\PUD 09\PUD 09-02(A) Life Technologies - Riddle\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE- Mararisk (DWG 462-7D).dOCX STATE OF COUNTY OF (/ /J& On /l(/#iuT *j 20/0 before me, AhZrr'j L. '/<£&d Notary Public, V ' /~j /./ , personally appeared LU&£ jjLhirf\(Lf\ » 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. $/$ $ LflcLSniHftiO n 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. VifEfrfr^ W ' A^*«— \£V7S.13 ^/ (Signature of Notary) \y^wrfS^^y '-H^ . Rev. 12/17/2007 STATE OF Public, personally appeared ~jDQ\: _j L^VfiQ^ _ , 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. I certify under PENALTY OF PERJURY under the laws of the State of California' that the foregoing paragraph is true and correct. >ui 'WITNESS my hand and official seal. A^ G Signatureof Notary) Rev. 12/17/2007