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HomeMy WebLinkAboutCT 00-06; Lennar Bressi Ranch Venture LLC; 2003-0760171; Hold Harmless Agreement/ReleaseDOC # 2003-0760171 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JUN 269 2003 4=16 PM OFFICIAL R€BlRDS !#I DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SnITH, MlllNTy REfJRER FEES: 14.00 ~~ SPACEABWE THIS LINEFOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: 21 3-030-1 8-00 CT 00-06 Bressi Ranch (Mass Grading) 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 B of Adjustment Plat 543 per Certificate of Compliance recorded February 11, 1999 as document No. 1999-0085753 (APN No. 213-030-18-00), and other good and valuable consideration, receipt of which is hereby acknowledged, I/(We) Lennar Bressi Ranch Venture 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 to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any 1 H:IDevelopment ServciedMasters/Bonds & AgreemenWHold Harmless Agl Geological Failure Rev. 12/06/98 damage to public improvements caused by any geological failure referred to in this agreement :o 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 nterest in all or any part of the property described herein. IN WITNESS WHEREOF, the undersigned has executed this instrument this -3~ day of AM#;fc l20& PROPERTY OWNERS Lennar Bressi Ranch Venture LLC, a California Limited Liability Company By; Lennar Bressi Carlsbad LLC, a California Limited Liability Company By: Lennar Homes of California, Inc., a California Corporation, Its Managing Member By: (sign here) si. sw?i+aw (print name and title) APPROVED AS TO FORM: RONALD R. BALL City Attorney eputy City Attorney 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 ServciedMasterdBonds 8 AgreementdHold Harmless Agt Geological Failure Rev. 12/08/98 State of California 1 1 County of San Diego 1 On /2-%- @L before me, personally appeared &sf? GhL OUH V /4/1/ a JEZ &Md€K- &w/G L- 2L-m'E Qo7&q/ (Date) (Name, title of Officer) (Name[s] of Signer[s]) &ersonally known to me -OR - KI (( * ce) to be the pers@ whose nam@ eubscribed to the within instrument and acknowledged to me that We executed the same in htsfkeeuthorized capae and that by hi.ik.l@ signatu@n the instrument the persd, or entity upon behalf of which the persu@$B acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of No. of Pages Signer@) other than named above Document 3 H:/Development ServcieslMasterslBonds 8 AgreementsMold Harmless Agt Geological Failure Rev. 12/08/98