HomeMy WebLinkAboutCT 99-06; Palomar Forum Associates LP; 2014-0529879; Hold Harmless Agreement/ReleaseDOC # 2004-0494023
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RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
PROJECT NO. & NAME: CT 99-06
Palomar Forum
MAY 27s 2004 4~59 PM
OFFICIAL RErnM 9% DIEGO MIUHPI REcaufm'S OFFICE GREHRY J. %ITHI COUNTY KECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO. 221 -012-10-00,
221 -01 0-1 7-00
HOLD HARMLESS AGREEMENT
GEOLOGICAL FA1 LU RE
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 a portion
of Sections 13 and 18, Township 12 South, Range 4 West, San Bernardino Meridian, and a
portion of Section 18, Township 12 South, Range 3 West, San Bernardino Meridian, in the City
of Carlsbad, County of San Diego, State of California, according to the official plat thereof more
particularly described as (APN No. 221-012-1 0-00, 221-010-1 7-00), and other good and
valuable consideration, receipt of which is hereby acknowledged, I/(We) Palomar Forum
Associates L.P., a California 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
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H:/Development Servnes/Masters/Bonds & AgreementdHold Harmless Agt Geological Failure Rev 12/08/98
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
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
zqv5 day of M&ccL ,2003.
PROPERTY OWNERS
Palomar Forum Associates L.P., a California
Limited Partnership
Davis Carlsbad’ Partners, a By: California General Partnership
(sign here)
-, r L.
(print name and title)
Date:
By: \ (sign here)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney -
By:
Deputy C‘ity Attorney
(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
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H:/Development ServcieslMasters/Bonds 8.. AgreemenWHold Harmless Agt Geological Failure Rev. 12/08/98
-. c
State of California ) 1 County of &m++ege OrmgG )W
On B-aPl-Olf beforeme, h!&fi Vh,Vhni NhVV bkkb
(Date) (dame, Title df Officer)
(Name[s] of Signer[s])
personally appeared
,$personally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that hekhelthey
executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir
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
Signature of Notary
(This area for
official notary seal)
Title or Type of Document
No. of Pages c Date of Document %-aq 1 0
Signer@) other than named above nm,