HomeMy WebLinkAboutCDP 05-21; McKenna Capital Inc; 2006-0557336; Hold Harmless Agreement/Release5139 P.O.P.* 2006-0557336
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
AUG07, 2006 12:34 PM
OFFICIAL RECORDS-
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDERFEES: 16.00
PAGES: 4
SPACE ABOVE THIS
ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
Kellas Residence
ORDER'S USE
206-192-28
CDP 05-21
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 439-3A) for development
to occur on property described as (see attached Exhibit "A") more particularly described as
(APN No. 206-192-28), and other good and valuable consideration, receipt of which is hereby
acknowledged, l/(We) McKenna Capital Incorporated, a Nevada 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.
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
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5140
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
PROPERTY OWNERS
McKenna Capital Incorporated, a Nevada corporation
(sign here)
Bill Kellas, President
(print name and title)
/
Date:
By:
(sign here)
Laurie Kellas, Secretary
(print name and title)
/
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorfl|py
(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.)
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3A).doc Rev. 12/08/98
5141
State of California
County of San Diego
On B^Q^fae^fore me,
(Date)
personally appeared wilutyw
(Name, Title of Officer)
)v
(Name[s] of Signer[s])
known tn mg -OR -
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
jjjffare subscribed to the within instrument and acknowledged to me that -be/ste/they
executed the same in hio/hep/their authorized capacity(ies), and that by his^r/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
OFFICIAL SEAL
ASH NICKLE
NOTARY PUBLIC-CALIFORNIAS
COMM. NO. 1538900 -
SAN DIEGO COUNTY
MY COMM. EXP. DEC. 26, 2008
Signature of Notary
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
H:\Development Services\PROJECTS\CDP FILESVCDP 05\CDP 05-21 Kellas Residence - JuchniewiczVHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(439-
3A).doc Rev 12/08/98
c c
File No: 03717119
""EXHIBIT "A
All that certain real property situated in the County of San Diego, State of
California, described as follows:
Parcel B of Parcel Map No. 11174, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof, filed in the Office of the County
Recorder of San Diego County, April 7, 1981.
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