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HomeMy WebLinkAboutSDP 02-16; Coastline Community Church; 2006-0398663; Hold Harmless Agreement/ReleaseDQC# 2006-0398663 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JUN06, 2006 2:41 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,!. SMITH, COUNTY RECORDER FEES: 000 PAGES: 3 -—•" ••••• mmiu mill •••!! ••Ill ••!!! ••! 2006-0398663 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 255-273-07 PROJECT NO. & NAME: SDP02-16 Coastline Community Church HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 423-1A) for development to occur on property described as Lot 482 of Carlsbad Tract No. 88-03-2, Arroyo La Costa, Unit 2 (Villages G, H, J, P, Q, R and S), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13386, filed in the Office of the County Recorder of San Diego County, December 20, 1996, more particularly described as (APN No. 255-273-07), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Coastline Community Church, a California non-profit religious 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. 1 Hi/Development Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98 9513 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 PROPERTY OWNERS Coastline non-profi By: Church, a California (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney )eputy City Attorney (Proper notarial acknowledgment of execution by SUBDIVIDER 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 Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98 9514 State of California County of San Diego )ate) personally appeared A (Name, Title of Officfer) (Name[s] of Signer[s]) known to me -OR - D (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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal KMHRVNLMUMO CommHHon# 1500114 Notary Pubic-CoJtomta San Dtogo County MyComm. Exptet Aug9.2008 a for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages H:/Developmenl Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98