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HomeMy WebLinkAboutSDP 05-15; Santa Fe La Costa LLC; 2009-0540729; 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 DOC# 2009-0540729 SEP 29, 2009 3:59 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.: 223-060-28 PROJECT ID: SDP05-15 PROJECT NAME: Rancho La Costa, Parcel 1 RELATED PROJECT ID: HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 461-4A) for development to occur on property more particularly described as Parcel 1 of Parcel Map No. 12586, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the county recorder of San Diego County, February 25, 1983 as file no. 83-060578 of official records, and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Santa Fe La Costa, LLC, a California 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 H:\Development Services\PROJECTS\SDP FILES\SDP 05\SDP 05-15 Rancho La Costa - Jimeno\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 461- 4A).docx 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 , 200"? OWNER(S) Santa Fe La Costa, LLC, a California limited liability (sign/pyre) Harkishan^Parekh, Manager (print name and title) Date: By: (sign hiere) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney (print n/ame and title) 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\SDP FILESVSDP 05\SDP 05-15 Rancho La Costa - Jimeno\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 461- 4A).docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^J^/J L- On AufpST "7 3fy J Date ' personally appeared 1J T0! before me, ob/y/ /?. La&k>t€f~, ^ /M^T/J/U r{-///c Here Insert Mame and TSle of/lhe Officer d /- / ^ <,•/nQtfdSmtf ra,'r.l\l\Name(s) of Signer(s) ' MNETH.LACKNER Notary PuMfc-CaNfonfe Place Notary Seal Above 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. WITNESS my hand and official seal. Signature^ OPTIONAL — Signature of Notary Public Though the information below /s 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: He'/a. /ffi/VI/t Document Date: . &]&>/&'?&> I fa, /U/"C . Number of Pages: C/- Signer(s) Other Than Named Above: /\f A Capacity(ies) Claimed by Signer(s) Signer's Name: HftK.k'(S|y.;»J Wtzkn J3*Tndividual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact RIGHT THUMBPRINT OF SIGNER Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact RIGHTTHUMBPRINT OF SIGNER D Trustee D Guardian or Conservator D Other: Signer Is Representing: -JPirJTSL fa U>> Ct-><rf&, iL<~~. Top of thumb here D Trustee D Guardian or Conservator D Other: Signer Is Representing: 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