HomeMy WebLinkAboutCT 00-22; Redeemer by the Sea Lutheran Church; 2003-0458843; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAILTO:
DOC I# 2003-0458843
APR 21:. 2003 4~53- PM
OFFICIk RECORDS SCIN DIE# COUNTY RECORDER'S WICE GREGORY J. SNITH, COUNTY REcMalER FEES: 0.00 City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
I SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO. 21 5-080-22-00
PROJECT NO. & NAME: CT 00-22
Redeemer by the Sea
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of improvement plans (DWG 403-5) for
development to occur on property described as being a portion of the north half of the
southwest quarter of the southeast quarter of Section 22, Township 12 South, Range 4 West,
San Bernardino base and meridian, in the City of Carlsbad, County of San Diego, State of
California more particularly described as (APN No. 215-080-22-00), and other good and
valuable consideration, receipt of which is hereby acknowledged, I/(We) Redeemer by the Sea
Lutheran Church of Carlsbad, a California Non-profit Religious Corporation, 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
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H:/Development Servcies/Masters/Bonds 8 Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98
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
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 ,204.
PROPERTY OWNERS
Redeemer by the Sea Lutheran Church of Carlsbad,
a California Non-profit Religious Corporation
By:
Date: 3 -
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
(P o 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(s)
signing to bind the corporation.)
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H:/Development ServaedMastersfBonds & AgreementsfHold Hadess Agt Geological Failure Rev. 12/08/98
State of California ) 1
County of San Diego 1
On FG before me, & /c2-K. kc*, h&/d bL/L I
personally appeared RON'
(Date) (Name, Title of Officer)
MHgC_7MCA -me0 E
(Name[s] of Signer[s])
0 personally known to me -OR - W
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
Ware subscribed to the within instrument and acknowledged to me that m/they
executed the same in Mr/their authorized capacity(ies), and that by hiaAw/their
signature@) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
(This area for
official notary seal)
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Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages