HomeMy WebLinkAboutMS 822; Saraiya, Rohit & Vanlila; 2003-1322232; Hold Harmless Agreement/ReleaseDOC # 2003-1322232
OCT 30s 2003 4~15 FM
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 216-1 60-28,29,
30 & 31
MS 822 PROJECT NO. & NAME:
La Coruna
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 320-6A) and
improvement plans (DWG 320-6A) for development to occur on property described as Parcels
1, 2, 3 and 4 of PM 16971 more particularly described as (APN No. 216-160-28, 29, 30 & 31),
and other good and valuable consideration, receipt of which is hereby acknowledged, I/(We)
Rohit R. Saraiya and/or Vanlila R. Saraiya, Trustees, or Successor Trustee@) of The Saraiya
Trust, dated October 20, 1999, the owner@) 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.
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H:/Oevelopment ServciesiMasterdBonds 8 AgreementdHold Harmless Agi Geological Failure Rev. 12/08/98
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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 6& dayof ,20a.
PROPERTY OWNERS
The Saraiya Trust dated October 20, 1999
By: IlxyG-$
(sign here) 0
Rohit R. Saraiya, Trustee
(print name and title)
(sign here) u
Vanlila R Saraiya, Trustee
(print name and title)
Date: q-Ob-a-3
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Feputy City Attorney
er notarial acknowledgment of execution by SUBDIVIDER must be attached) (P
(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.)
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H:/Developmnt Servcies/Masters/Bonds 8 AgreemntdHold Harmless Agt Geological Failure Rev. 12/06/98
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State of California
County of San Diego )
t- A+J7 ? dKL, On 4 -0 b -0 3 before me, s, P,cL..Wc
I (Narhe, Title of Officer) (Date) c
personally appeared &kit Y?.~ sLtrc;c.g.-a
(Name[s] of Signerts])
0 personally known to me -OR 4q
c \/;Gc UL lL3& R, L$4L*
provHto me on the basis of satisfactory evidence) to be the person(s) whose name(s)
idare subscribed to the within instrument and acknowledged to me that helshelthey
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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
-
Signature of Notary
(This area for
official notary seal)
tSDM 'rka- ,I 6-G U Title or Type of Document
3 Date of No. of Pages
Document
Signer(s) other than named above
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