HomeMy WebLinkAboutCT 02-22; Western Pacific Housing Inc; 2004-1201094; Hold Harmless Agreement/ReleaseDOC # 2004-1 201 094
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
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DEC 21,2004 4:45 PM
OFFICIAL RECORDS
‘?All DIEGO COUNTY RECORDER’S OFFICE C;FiEGIOR”i’ 1 SMITH, COUNTY RECORDER FEES 0 00
OFFICIAL RECORDS
‘?All DIEGO COUNTY RECORDER’S OFFICE T;FiEGnFI”i’ I SMITH COUNTY RECORDER . _.~ FEES 0 00
FAG E S : 3
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SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO. 213-1 11-04
PROJECT NO. & NAME: CT 02-22
La Costa Greens Neighborhood 1.09
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (DWG 406-7A) and
improvement plans (DWG 406-7) for development to occur on property described as Lot 9 of
Carlsbad Tract No. 99-03, La Costa Greens, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 14543, filed in the Office of the County
Recorder of San Diego County, February 12, 2003, more particularly described as (APN No.
213-1 11-04), and other good and valuable consideration, receipt of which is hereby
acknowledged, I/(We) Western Pacific Housing, Inc., a California 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
H:iDevelopment SeNcies/Masten/&nds & AgreemenWHold Harmless Agt Geological Failure Rev. 12/06/98
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
5% dayof ,200$. I)
PROP
W este g, Inc., a California corporation
t
By: &
(sign here)
Chris StaniceWice President
(print name and title)
Date: OklH ID4
#I
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attdrney
(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.)
2 I H:/Development Servcies/Masters/Eands & AgreementdHold Harmless Agi Geological Failure Rev. 12/06/98
State of California 1 1
County of San Diego 1
JAM before me, 1
h v
personally appeared -
(Name[s] of Signer[s])
u
&rsonally known to me -OR - 0
(( ) to be the person(@ whose name(s)
dare subscribed to the within instrument and acknowledged to me that be,!s&e/they
executed the same in b&ber/their authorized capacity(ies), and that by b&ber/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
(This area for
official notary seal)
H:IDevelopmenl Servcies/Masiers/Bonds 8 AgreementsRlold Harmless AQt Geological Failure
Title or Type of Document
Date of Document 8%?9z74 No. of Pages ,q
3 Rev. 12/08/98