HomeMy WebLinkAboutCT 99-06; LSOF Carlsbad Land LP; 2004-0494124; Hold Harmless Agreement/ReleaseDOC # 2004-0494124
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDERS'USE
NQY 27s 2004 4~59 PPI
DFTICIk RECORDS W DIEGO WUNpl REGRDER'S DFFICE GREMNY J. S)IIITHs COUNTY KEIXRM? FEES: 0.00
ASSESSOR'S PARCEL NO. 221-1 1-05-00,
221 -1 1-04-00
CT 99-06 PROJECT NO. & NAME:
Palomar Forum
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 399-4A) and
improvement plans (DWG 399-4) for development to occur on property described as Lot 2, Sec.
13, T 12 S, R 4 W; Southwest quarter of the northwest quarter of Sec. 18, T 12 S, R 3 W,
SBBM, more particularly described as (APN No. 221-1 1-05-00, 221-1 1-04-00), and other good
and valuable consideration, receipt of which is hereby acknowledged, I/(We) LSOF Carlsbad
Land L.P., a Texas Limited Partnership, 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
HJDeveloprnent ServcieslMastersiBonds & AgreernenWHold Harmless Agt Geological Failure Rev. 12/06/98
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 ,20&.
PROPERTY OWNERS
LSOF Carlsbad Land L.P., a Texas Limited
Partnership pld.
By: LSOF Genpar 111, Inc., its General Pflner
By: - -- - (sign here)
(print name and title)
Date: %ldoG
n *I kxsign here)
(print name and title) I
Date: 4I;LoloC
APPROVED AS TO FORM:
RONALD R. BALL
(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/Bonds & AgreementsiHold Harmless Agt Geological Failure Rev. 12/08/98
acted, executed the instrument. , ,.11111111),,*
WITNESS my hand and official seal
official notary seal)
-
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
GOVERNMENT CODE 27361.7 I
_- .
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Commission Number: d/ 4 Date Commission Expires:b 7
County Where Bond is Filed: fiKscs
Manufacturer or Vendor Number:
(Located on both sides of the notary seal border)
(if applicable) Signature:
c
Place of Execution:
Ret. Form #A10 (Rev. 7/96)
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