The URL can be used to link to this page

Home My WebLink AboutCT 00-06; Lennar Bressi Ranch Venture LLC; 2003-0760173; Hold Harmless Agreement/ReleaseDOC # 2003-4750173 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JUN 263 2003 4~16 FM OFFICIAL RECORDS SAN DIEGO WTY RECORDER’S OFFICE GREGW J. SnIMr COUNTY RECORDER FEES: 20.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. PROJECT NO. & NAME: 21 3-030-1 8-00 CT 00-06 Bressi Ranch / El Fuerte Street HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City’s approval of a grading plan (DWG 400-8F) and improvement plans (DWG 400-8E) for development to occur on property described as El Fuerte Street as shown as FM 00-06 a portion of attached Exhibit “A more particularly described as (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 damage to public improvements caused by any geological failure referred to in this agreement 1 Rev. 12/08/98 H:/Development Servcies/Masters/Bonds & AgreementdHold Harmless Agt Gedcgical Failure 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 &* dayof p* ,20@ 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: (print name And title) By: (sign here) Lk. Asst. %darcv (print name and title) Date: ia-ad-az APPROVED AS TO FORM: RONALD R. BALL City Attorney nt 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 I H:IDevelopment ServcieslMastersBonds 8 AgreementslHold Harmless Agt Geological Failure Rev. 12/06/98 State of California ) 1 County of San Diego ) dl L€ L .=-Ace /t/omizL/ &%2,c- before me, d!# / (Name, Title df Officer) (Name[s] of Signer[s]) personally appeared 1l.W WfldHV AWL9 do ES #fg#HER ,)&ersonally known to me -OR - 0 (( ’ e) to be the persoehose nam@ -6ubscribed to the within instrument and acknowledged to me that Me@ executed the same in euthorized capacim and that by hisckee signaturan the instrument the perso@ or entity upon behalf of which the perso@ acted, executed the instrument. WITNESS my hand and official seal Comm.#1228574 NOTARY PUBLIC. CALIFORNIA Orange County (This area for official notary seal) Title or Type of Document Date of No. of Pages Document Signer@) other than named above 3 I H:/Developmnl ServciedMasterslEonds & AgreemntdHold Harmless Agl Geological Failure Rev. 12/08/98 12/24/02 TUE 10:03 FAX 858+676+0716 ' '.? . ... , , ., Berrman & Henlsar Admin ; .:+ J 7. EXHIBIT "A" ( LEQAL DESCRI PTION) 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, ACCORDING TO MAP THEREOF ON FILE TN THE OFFICE OF THE COUNTY RECORDER OF SAN DIE00 COUNTY, JULY 20, 3.973, MORE PARTICU&AF&Y DESCRIBED AS FOLLOWS: IN THE CITY OF CARLSBAD, COUNTY OF $AN DIEGO, STATE OF WIFORNIAt COMMENCING AT THE NORTHEAST BOUNDARY CORNER OF SAID PARCEL 1; THENCE ALONG THE EAST BOUNDARY LINE SOUTH 02O 37' 58" EAST 513.96 FEET TO THE TRUE POINT OF BEGIINNINQj THENCE LEAVINQ SAID EAST LINE (11 SOUTH 82O 11' 39" WEST, 131.35 FEET TO THE BEGINNXNG OF A TANdENT 400 FOOT RADIUS CURVE, CONCAVE TO THE SOUTH; THENCE ALONG THE ARC OF SAID CURVE (2) SOUTHWESTERLY 176.66 FEET THROUQH A CENTRAL ANGLE OF 25O 18' 15"; TXENCE (3) SOUTH 56O 53' 24* WEST, 245.69 FEET TO THE BEGTNNING OF A TANGENT 300.00 FOOT RADIUS CURVEi CONCAVE TO THE SOUTHEAST; THENCE ALONG TRE ARC OF SAID CURVE (4) SOUTHOJESTERLY 43.89 FEET THROUGX A CENTRAL ANGLE OF 08O 22' 59"; THENCE (5) SOUTX 48O 30' 25" WEST, 67.05 FEET TO THE NORTH1 THENCE ALONG "HE ARC OF SAID CURVE (6) SOUTHWESTERLY AND WESTERLY 147.25 FEET THROUGK A CENTRAL ANGLE OF 38* 20' 58'; THENCE (7) SOUTH 86O 51' 23" WEST 233.55 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE, CONCAW3 TO THE NORTH; TNENCE ALONG THE ARC OF SAID CURVE (8) WESTERLY 128.39 FEET THROUGH A CENm ANGLE OF lao 23' 2gS; THENCE (9) NORTH 75O 10' 05" WRST, 113.37 FEET; THENCE (10) NORTH 80° 57' SO" WEST, 139.47 FEET; THENCE (12) NORTH 86O 47' 11" WEST 176.05 FEET; THENCE (13) NORTH $So 19' 35" WEST, 83.94 FEET TO THE BEGINNING OF A TANGENT 550.00 ' FOOT RADIUS CURVE, CONCAVE TO THE SOUTX; THENCE ALONG THE ARC OF SAID CURm ( 14) WESTERLY AND SOUTHWESTERLY 368.13 FEET THROVGX A CENTRAt ANGLE OF 386 21' 00"; THEEJCE (15) SOUTH 34O 14' 30" WEST 84.01 FEET TO THE BEGINNING OF A NON-TANGENT 712.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST, A RaDIAL LINE TO SAID BEGINNING BEARS SOUTI3 35O 10' 31" WEST; THENCE ALONG THE ARC OF SAID CURVE (16) NORTWWESTERLY 135.02 FEET THROU5H A CENTRAL ANQLE OF IO0 51' 54"; THENCE (17) 80WH 58O 31' 10" WEST 149.27 FEET; THENCE (18) SOUTH 61' 10' 01" WEST 133.01 FEET; THENCE (19) SOUTH 7OP 39' 01" WEST, 55.00 FEET TO THE BEGINNING OF A TANQENT 120.00 FOOZ RADIUS CURVE, CONCAVE TO THE NORTH; THENCE ALONG THE ARC OF SAID CURVE (20) WESTERLY 67.81 FEET THROUGH A CENTRAL AWL6 OF 3Z0 22' 34"; THENCZ (21) NORTH 76O 68' 25" WEST 40.38 FEST; THENCE (22) NORTH 82O 50' 55" WEST, 147.90 FEET TO THE BE(3INIUING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHt THENCE UONG THE ARC OF SAXD CURVE (23) WESTERLY AND NORTIWESTERLY 106.40 FEET THROUGH A CENTRAL ANGLE OF TOo 28' 16"; THENCE (24) NORTH 52' 22' BEGINNING OF A TANGENT 220.00 FOOT RADIUS CURVE, CONCAVE TO THE 70-00544-23 -4- @ 003 12/24/02 TUE 10:04 PAX 858+675+0718 Berrman a' , I Y - 07" WEST 100.17 FEET TO THE BEGINNING CURVE (25) ii ,.I 4 WSU$ CURVE, CONCAVE TO THE SOUTH; & Henlsar Admln OF' A TANQENT 300.00 FOOT THENCE ALONG THE ARC OF SAID NORTHWESTERLY AND WESTEkLY 246.81 FEET TRROUGH A CENTRAL ANGLE OF 47O 07' 15"; THENCE (26) SOUTH 60" 29' 38" WEST 115.55 FEET; THENCE (27) SOUTH 78O 37' 01" WEST, 104.51 FEET; THENCE (28) 23" WEST, 300.94 FEET TO THE BEGINNING OF A TANGENT 2,200.00 FOOT RADIUS "E, CONCAVE TO THE NORTH; THENCE ALONO TKE ARC OF SAID CURVE (3) WESTERLY 306.13 FEET THROUGH A CENTRAL ANGLE OF 07O 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 SOU"-T; THENCE ALONG THE ARC OF SAID CURVE (32) WESTERLY, SOUTHWESTERLY AND SOUTW3RLY 174.81 FEET THROUGH, A CENTRAL ANGLE OF 91' 03' 20"; THENCE (33) SOUTH OL* 13' 25" WEST 553.39 FEETj THENCE (34) SOUTH 89O 02' 45" WEST 572.44 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE, CONCAVE TO TWE SOUTHEAST; THENCE ALONG THE ARC OF SAID CURn (35) WESTERLY, SOUTHWESTERLY AND SOVTWERLY 186.79 FEET THROUGH A CENTRAL ANGLE OF 71" 20' 52"; THENCE (36) SOUTH 17* 41' 53" WEST 486.59 FEET TO THE BEOINNINQ OF A TANGENT 1,370.00 FOOT RADIUS CURVE, CONCAVE TO THE EAST;' THENCE ALONG THE ARC OF SAID CURV33 (37) SOUTHERLY 316.68 FEET THROUGH A CENTRAL ANGLE OF 13O 14' 39"; THENCE (36) SOUTH 04O 27' 14'" WEST 130.13 FEET TO THE SOUTH LINE OF SAID LOT 1 PARCEL MAP NO. 1763, THENCE ALONG THE SOUTH AND EA3T BOUNDARY LINE OF SAID LOT 1 THE FOLLOWING COURSES (39) SOUTH 690 17' 57" EAST 1,476.61 FEET; THENCE (40) SOUTH OOo 42' 03" WEST, 1,380.00 FEET; "HENCE (41) SOUTH OOo 17' 57" EAST 2,180.00 FEET; THENCE (42) SOUTH OOo 42' 03" WEST 965.00 FEET; THENCE (43) SOUTH 89" 26' 46" mT 2,458.40 FEET; THENCE (44) NORTH 02O 37' 58" WEST 4,520.72 FEET TO !tXE TRUE POINT OF BEGINNING. som a30 21' 31" WEST, 329.61 FEET; THENCE (29) SOUTH 840 1st 7 0- 0 0544- 23 -5-