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
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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.)
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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
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