Loading...
HomeMy WebLinkAboutCT 12-07; City Ventures Homebuilding LLC; 2014-0385173; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY 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 f-DOCtt 20- iliiiiiillli 4-0385173 lllllllllllllllllllllllllllll SEP 08, 2014 2:23 PM OFFICIAL RECORDS SAN DIEQO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJEGT ID PROJECT NAME RELATED PROJECT ID: 156-212-04, 156-212-05 CT 12-07 Valley 17 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 480-4A) and improvement plans (DWG 480-4) for development to occur on property more particularly described as (see attached. Exhibit "A", and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) City Ventures Homebuilding, 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 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\CT\CT 12\CT 12-07 Valley 17 - Levy\B & A\HOLD HARHrtLESS AGREEMENT GEOLOGICAL FAILURE (DWGS 480-4 and 480-4A)^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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// III III III III III III III III Q:\CED\LandDev\PROJECTS\CTOT 12\CT 12-07 Valley 17 - Levy\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWGS 480^ and 48MAVdoc IN WITNESS WHEREOF, the undersigned has executed this instrument this ^ dav of Ajjyi^i- 20_i_y OWNER(S) City Ventures Homebuilding, LLC, a Delaware limited liability company By: y (sign herei Benjamin Besley, Authorized Person (print name and title) Date: By: (sign here) APPROVED AS TO FORM: CELIA BREWER City Attorney (print name and title) Date: * RdN KEIOIP^ \ 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\CT\CT 12\CT 12-07 Valley 17 - Levy\B & ANHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE (DWGS 460^ and 480-4A),doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIViL CODE § 1189 State of California County of 0n^4_l4i>i before me, KAvrVv^li^ 9,AA^lMAnl\ - Public. Here Insert Name and Title of the Officer I Dare Here insert Name anc personally appeared O Name(s) of Si^ner(s) MICHELLE BOHANNON t Cofflmission # 2059807 | Notary Public • California z Orange County ^ My Comm. Expires Mar 26, 2018 ^ ^•"^ My Comm. Expires M; mmmm m wmw w n www w Place Notary Seal Above who proved to me on the basis of satisfactoiy evidence to be the person(55 whose name(^^afe subscribed to the within instrument and acknowledged to me that (^s\/e/\.hfiy executed the same in (hD/h^r/tlvSir authorized capacity(i§^, and that by /Rt|^h^/th<?ir signature(?^ on the instrument the person(^, or the entity upon behalf of which the person(^ 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 rriY hjid Signature: 'gnature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the documentor fraudulent reattachment of this form to an unintended document ^'V-0| Description of Attached Document . Title or Type of nnn .mftnt (jraV rl ^^fll^^^C^A^VtyVe<^ Document Date: ^ I Number of Pages: ^ '^qne^(^^^hW^an^N^ Above: Capacity(ies) Claimed by Signers) Signer's Name: ^ Corporate Officer — Title(s):\ • Partner — DUmited • General • Individual • Trustee • Other: er's Name: M)){^£f4 n Corpor&te^cer — Title(s): • Partner — cTtiKiiJed • Gener^ • Attorney in Fact • Individual D^ttome^^^t • Guardian or Conservator • Trustee • GuafgHSa or Conservator • Other: Signer Is Representing: SignerJ»i^epresenting: © 2013 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 Order Number: NHSC-4593011 (rh) Page Number: 8 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: ALL OF LOTS 23 AND 24 OF PATTERSON'S ADDITION TO THE TOWN OF CARLSBAD, ACCORDING TO THE MAP THEREOF NO. 555, RLED IN THE OFRCE OF THE RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1888. TOGETHER WITH THAT PORTION OF OAK AVENUE IMMEDIATELY ADJACENTTO THE ABOVE DESCRIBED PROPERTY, AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION OFTHE SAN DIEGO COUNTY BOARD OF SUPERVISORS RECORDED OCTOBER 27, 1929 IN BOOK 1700 PAGE 83 OF DEEDS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE SOUTHWESTERLY 400 FEET THEREOF, THE NORTHEASTERLY LINE OF SAID SOUTHWESTERLY 400 FEET BEING PARALLEL WITH THE SOUTHWESTERLY UNE OF SAID LOTS 23 AND 24. APN: 156-212-04-00 and 156-212-05-00 First American Title