No preview available
HomeMy WebLinkAboutCUP 04-22; Ago Hills LLC; 2006-0118573; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 2006-0118573 FEB17, 2006 4:22 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ SMITH,COUNTY RECORDER FEES: n.OO PAGES: 3 SPACE ABOVE THIS LINE FOR RECORDER'S USE 213-070-29-00ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Carlsbad Airport Hotels CUP 04-22 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 432-9A) and improvement plans (DWG 432-9) for development to occur on property described as Parcels B, C & D of Parcel Map No. 14115, City of Carlsbad, County of San Diego, State of California, more particularly described as (APN No. 213-070-29-00), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Ago Hills, LLC, a California 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 H:\Development Services\PROJECTS\CUP FILES\CUP 04\CUP 04-22 Carlsbad Airport Hotels - Van PeskiXBonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc Rev. 12/08/98 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 (3 day of J*W , 20*6. PROPERTY OWNERS Ago Hills, LLC, a California limited liability company By: (sign here) Nilesh Madhav, Manager (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By:_~- rneyDeputy City Attornej (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 H:\Development Services\PROJECTS\CUP FILES\CUP 04\CUP 04-22 Carlsbad Airport Hotels - Van Peski\Bonds and AgreementsVHOLD HARMLESS AGREEMENT GEOLOGICALFAILURE.doc Rev. 12/08/98 State of California County of-San Diego On \>M before me, (Date) personally appeared fJt V (Name, Title of Officer) (Name[s] of Signer[s]) jj^personally known to me -OR - n (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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signakfrixo?"Noti RENEE L. MOLLOY Commission #1446700 Notary Public -California Orange County f MyCornm. Expires Oct 14,200?!•••••••»4 (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above H:\DevelopmenI Services\PROJECTS\CUP FILES\CUP 04\CUP 04-22 Carlsbad Airport Hotels - Van Peski\Bonds and Agreemenls\HOLD HARMLESS AGREEMENT GEOLOGICALFAILURE.doc Rev. 12/08/98