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HomeMy WebLinkAboutRP 12-13; Army Navy Academy; 2013-0033089; Hold Harmless Agreement/ReleaseDOCtt 2013-0033089 iiiiiiiin RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JAN 16, 2013 2:08 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE EmeslJ. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-051-03, 203-052-01, 203-052-02, 203-053-01 PROJECTID: RP 12-13 PROJECT NAIVIE: Army Navy Academy Athletic Field RELATED PROJECT ID: CDP12-04 / MS 12-04 HOLD HARMLESS AQREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 476-5A) and improvement plans (DWG 476-5) for development to occur on property more particularly described as Lots 153-170 and Lots 177-198 inclusive of Granville Park No.2 according to Map No.2037 recorded in the County of San Diego, State of California on June 18, 1927, and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We), Army Navy Academy, Carlsbad, California, a California Nonprofit Public 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 1 Q:\CED\LandDev\PROJECTS\RP\RP 12\RP 12-13 Army Navy Academy - Wickham\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL.doc 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 Jli^ day of >^€/K/9^ 20JJr^ OWNER(S) Cat/Sh4^ ^ du/i-forn,^ flon By (sign here) Stephen M. Bliss, President Date: (print name and title) (sign here) Janet Pullen, Chief Financial Officer (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney Assistant City Attornev (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.) Q:\CED\LandDev\PROJECTS\RP\RP 12\RP 12-13 Army Navy Academy - Wickham\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL.doc CALIFORNIA ALL-PURPOSE AOKNOWLEDGMiNT State of California County of '^)^/\^^ypo^ On \7/'^^>^ 'l'^ before me, ^ Date I personally appeared — } lere Indart Name arKl Title of the Officer ' '-Name(s) of Signer(s) OFFICIAL SEAL ,, BRfcANA AGUIRRE iMO'Asv PUBLIC-CALIFORNIAS COMM. NO. 1976745 SAN DiEGO COUNTY MY COMM. EXP. APR. 29 2016 J who proved to me on the basl&.^atisfactory evidence to be the persor^3)vhose nam^f^l^are subscribed to the within instrument and acknowledged to me that J>6/^e/they executed the same in j;Ks/l)«r/their authorized capacity(ies), and that by I;)i4^r/the|r slgnature(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 helnd and officiaUeal Place Notary Seal Above Signatu OPTIONAL Signature of Notary Public Though the infomiation 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. Pent/I * Date: \ L ^ ^ ^ ^ . . Number of Pages: . ' ' v Description of Attached Qocun^en Title or Type of Document Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): _ • Partner— • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____ • Individual • Corporate Officer — Title(s): ___ • Partner—• Limited • Gdneral • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007tMafional Notary Association • 9350 De Soto Ave., P.O.Box 2402»Chateworth,GA 91313-2402»www.NationalNotaryo^ Reorder, erf ToU-Fw 1-800-876-6827 Q:\CED\LandDev\PROJECTS\RP\RP 12\RP 12-13 Army Navy Academy - Wicktiam\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL.doc