HomeMy WebLinkAboutCT 00-06; 2524 Gateway LLC - prev General American Life; 2014-0432178; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
ASSESSOR'S PARCEL NO. 213-030-17-00
PROJECT NO. & NAME: CT 00-06
DOC. # ,,. . .. d.. 2003-0270076 *.-
SPACE ABOVE THIS LINE FOR RECORDER'S USE
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Bressi Ranch (Mass Grading)
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HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 400-8A) and
improvement plans (DWG 400-8) for development to occur on property described as Parcel A
of Adjustment Plat 543 per Certificate of Compliance recorded on February 11, 1999 as Doc.
No. 1999-0085752 more particularly described as (APN No. 213-030-17-00), and other good
and valuable consideration, receipt of which is hereby acknowledged, I/(We) General American
Life Insurance 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
:aused 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
3r 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
3 insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any
lamage to public improvements caused by any geological failure referred to in this agreement
CI the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which
he City Engineer determines may fail and cause damage to public improvements. It is further
(greed that this agreement shall be binding on all heirs, successors or assigns having an
iterest in all or any part of the property described herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument this zl day of ST
'iLek< ,20&
PROPERTY OWNERS
General American Life Insurance Company
litan Life Insurance Company
fi (sign here)
John Menne, Director
(print name and title)
-
Date:
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
ff
eputy City Attorney
( r er 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@)
signing to bind the corporation.)
State of California )
County of Los Angeles 1 ) ss.
On Februaw 21.2003 before me, Diana K. Dantic, a Notary Public, personally
appeared John D. Menne , personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or
the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
COS ANOELES COUNTY n 8" CUUM. EXPIRES JUNE 21. am6 t