HomeMy WebLinkAboutSDP 12-01; Coastal Living LLC; 2012-0596051; 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
DOCtt 2012-0596051
llllliilllllllillllllllllllllllllll
OCT 01, 2012 1:46 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
PAGES: 3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 216-290-20, 216-290-47, 216-290-21
PROJECT ID: SDP 12-01
PROJECT NAME: Vista La Costa
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 475-8A) for development
to occur on property more particularly described as Parcel No. 2 in a certificate of compliance
recorded on August 27, 1984 as File No. 84-325375 of official records of said San Diego
County, and other good and valuable consideration, receipt of which is hereby acknowledged,
l/(We) Coastal Living LLC, 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.
It is agreed that the above owners will maintain all slopes and landscaping in a manner
1
Q \CED\LandDev\PROJECTS\SDP\SDP 12\SDP 12-01 Vista La Costa Apartments - Levy\B & A\HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE (DWG 475-8A).doc
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 /|-vJot-^ 20 /"U
OWNER(S)
Coastal Living, LLC
a California limited liability cor
By: SJ Asset Manag^PR^fvClnc,
a California corpopafion Its: M^p^ger
Salman Rabie, President
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Assistant 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.)
Q-\CED\LandDev\PROJECTS\SDP\SDP 12\SDP 12-01 Vista La Costa Apartments - Levy\B & A\HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE (DWG 475-8A).doc
ACKNOWLEDGMENT
State of California
County of Los Angeles
On
ti4
before me, Yelena Osadchaya Notary Public
(insert name and title of the officer)
personally appeared
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
Signatu
YELENA OSADCHAYA
Committlon # 1986662
Notary PuMic • California
Los AngaIts County
I ^ My C( i>» w < 1 > » i My Comm. Expifts Aug 26.20161