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Home My WebLink AboutCT 00-06; Lennar Bressi Carlsbad LLC and Lennar Homes of Cal; 2008-0445048; Hold Harmless Agreement/ReleaseDQC# 2008-0445048 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 9376 AUG19, 2008 3:57 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S Ubt ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Bressi Poinsettia Lane 213-030-17-00 CT 00-06 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (Dwg. No. 397-2J) and improvement plans (Dwg. No. 397-2K) for development to occur on property described as attached Exhibit "A" more particularly described as (APN No. 213-030-17-00), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Lennar Bressi Ranch Venture LLC, a California Limited Liability, 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 damage to public improvements caused by any geological failure referred to in this agreement 1 H:/Development Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98 9377 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 // , 20^2- PROPERTY OWNERS Lennar Bressi Ranch Venture LLC, a California Limited Liability Company By: Lennar Bressi Carlsbad LLC, a California Limited Liability Company, Its Managing Member By: Lennar Homes of California, Inc., a California Corporation, Its Managing Memt APPROVED AS TO FORM: RONALD R. BALL City Attorney (print name and title) Date: By: (sign here) (print name and title) Date: eputy City Attorney r 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.) H:/Development Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98 9378 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. ) On November 6. 2002, before me Janice L. Zlaket. a Notary Public, personally appeared Graham Jones and Dee Baker, personally known to me to be the persons whose names are subscribed on the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal Signature JANICE L ZLAKET Comm. 11228574 NOTARY PUBLIC-CALIFORNIA Orange County My Comm. Expires July 11,2003 Notary Pubjic' [SEAL] 9379 EXHIBIT "A" (LEGAL DESCRIPTION) PARCEL B OF THE CERTIFICATE OF COMPLIANCE WITH CONDITIONS RECORDED FEBRUARY 11, 1999 AS DOCUMENT NO. 1999-0085753, OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BEING A PORTION OF PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO. 1763, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 20, 1973, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST BOUNDARY CORNER OF SAID PARCEL 1; THENCE ALONG THE EAST BOUNDARY LINE SOUTH 02° 37' 58" EAST 513.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE (1) SOUTH 82° 11' 39" WEST, 121.15 FEET TO THE BEGINNING OF A TANGENT 400 FOOT RADIUS CURVE, CONCAVE TO THE SOUTH; THENCE ALONG THE ARC OF SAID CURVE (2) SOUTHWESTERLY 176.66 FEET THROUGH A CENTRAL ANGLE OF 25° 18' 15"; THENCE (3) SOUTH 56° 53' 24" WEST, 245.09 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE; CONCAVE TO THE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURVE (4) SOUTHWESTERLY 43.89 FEET THROUGH A CENTRAL ANGLE OF 08° 22' 59"; THENCE (5) SOUTH 48° 30' 25" WEST, 67.05 FEET TO THE BEGINNING OF A TANGENT 220.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE (6) SOUTHWESTERLY AND WESTERLY 147.25 FEET THROUGH A CENTRAL ANGLE OF 38° 20' 58"; THENCE (7) SOUTH 86° 51' 23" WEST 233.55 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE '(8) WESTERLY 128.39 FEET THROUGH A CENTRAL ANGLE OF 18° 23' 25"; THENCE (9) NORTH 75° 10' 05" WEST, 113.37 FEET; THENCE (10) NORTH 80° 57' 50" WEST, 139.47 FEET; THENCE (12) NORTH 86° 47' 11" WEST 176.05 FEET; THENCE (13) NORTH 89° 19' 35" WEST, 83.94 FEET TO THE BEGINNING OF A TANGENT 550.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTH; THENCE ALONG THE ARC OF SAID CURVE (14) WESTERLY AND SOUTHWESTERLY 368.13 FEET THROUGH A CENTRAL ANGLE OF 38° 21' 00"; THENCE (15) SOUTH 34° 14' 30" WEST 84.01 FEET TO THE BEGINNING OF A NON-TANGENT 712.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 35° 10' 31" WEST; THENCE ALONG THE ARC OF SAID CURVE (16) NORTHWESTERLY 135.02 FEET THROUGH A CENTRAL ANGLE OF 10° 51' 54"; THENCE (17) SOUTH 58° 31' 10" WEST 149.27 FEET; THENCE (18) SOUTH 61° 10' 01" WEST 113.01 FEET; THENCE (19) SOUTH 70° 39' 01" WEST, 55.00 FEET TO THE BEGINNING OF A TANGENT 120.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE (20) WESTERLY 67.81 FEET THROUGH A CENTRAL ANGLE OF 32° 22' 34"; THENCE (21) NORTH 76° 68' 25" WEST 40.38 FEET; THENCE (22) NORTH 82° 50' 55" WEST, 147.90 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE (23) WESTERLY AND NORTHWESTERLY 106.40 FEET THROUGH A CENTRAL ANGLE OF 3'0° 28' 18"; THENCE (24) NORTH 52° 22' 70-00544-23 -4- 07" WEST 100.17 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTH; THENCE ALONG THE ARC OF SAID CURVE (25) NORTHWESTERLY AND WESTERLY 246.81 FEET THROUGH A CENTRAL ANGLE OF 47° 07' 15"; THENCE (26) SOUTH 80° 29' 38" WEST 115.55 FEET; THENCE (27) SOUTH 78° 37' 01" WEST, 104.51 FEET; THENCE (28) SOUTH 83° 21' 31" WEST, 329.61 FEET; THENCE (29) SOUTH 84° 18' 23" WEST, 300.94 FEET TO THE BEGINNING OF A TANGENT 2,200.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE (3) WESTERLY 306.13 FEET THROUGH A CENTRAL ANGLE OF 07° 58' 22"' THENCE (31) NORTH 87° 43' 15" WEST, 657.45 FEET TO THE BEGINNING OF A TANGENT 110.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURVE (32) WESTERLY, SOUTHWESTERLY AND SOUTHERLY 174.81 FEET THROUGH, A CENTRAL ANGLE OF 91° 03' 20"; THENCE (33) SOUTH 01° 13' 25" WEST 553.39 FEET; THENCE (34) SOUTH 89° 02' 45" WEST 572.44 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURVE (35) WESTERLY, SOUTHWESTERLY AND SOUTHERLY 186.79 FEET THROUGH A CENTRAL ANGLE OF 71° 20' 52"; THENCE (36) SOUTH 17° 41' 53" WEST 486.59 FEET TO THE BEGINNING OF A TANGENT 1,370.00 FOOT RADIUS CURVE, CONCAVE TO THE EAST; THENCE ALONG THE ARC OF SAID CURVE (37) SOUTHERLY 316.68 FEET THROUGH A CENTRAL ANGLE OF 13° 14' 39"; THENCE (38) SOUTH 04° 27' 14" WEST 130.13 FEET TO THE SOUTH LINE OF SAID LOT 1 OF PARCEL MAP NO. 1763, THENCE ALONG THE SOUTH AND EAST BOUNDARY LINE OF SAID LOT 1 THE FOLLOWING COURSES (39) SOUTH 89° 17' 57" EAST 1,476.61 FEET; THENCE (40) SOUTH 00° 42' 03" WEST, 1,380.00 FEET; THENCE (41) SOUTH 00° 17' 57" EAST 2,180.00 FEET; THENCE (42) SOUTH 00° 42' 03" WEST 965.00 FEET; THENCE (43) SOUTH 89° 26' 46" EAST 2,458.40 FEET; THENCE (44) NORTH 02° 37' 58" WEST 4,520.72 FEET TO THE TRUE POINT OF BEGINNING. 9380 70-00544-23 -5-