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HomeMy WebLinkAboutCT 01-01; Calavera Hills II LLC; 2003-1020988; Hold Harmless Agreement/ReleaseDOC # 2003-1020988 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 ASSESSOR'S PARCEL NO. 168-280-49 PROJECT NO. & NAME: CT 01 -01 aul3 21s 2003 1:39 PM OFFICIAL REm !%I4 DIEGO cOUNTY REWRDER'S OFFICE GKGlJRY J. SnITH, WUNTY RECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE Calavera Hills Vill L-2 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 403-6A) and improvement plans (DWG 403-6) for development to occur on property described as Lot 6 of Carlsbad Tract No. 00-02, Calavera Hills Phase II, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14541 filed in the Office of the County Recorder of San Diego County, February 12, 2003. more particularly described as (APN No. 168-280-49), and other good and valuable consideration, receipt of which is hereby acknowledged, I/(We) Calavera Hills II, 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 cf 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 1 H:/Developrnent ServcleslMasierslBonds 8 AgreernmlslHola 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 a5 -f-fi day of &&QL ,20L3. PROPERTY OWNERS Liability Company Brian Milich, Senior Vice President (print name and title) Date: By: Don Mitchell, Vice President (print name and title) Date: 4-ZS-Lu APPROVED AS TO FORM: RONALD R. BALL City Attorney By: eputy City Attorney (P@ 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@) signing to bind the corporation.) 2 H:/Develapment Servcies/Masters/Bonds 8, AgreementdHold Harmless Agt Geological Failure Rev. 12/08/98 State of California ) ) County of San Diego 1 E L(*zktl? M, Ereid ~ No+~v~ P&k/ (Name, TitMof Officer) ‘On 4/25/03 before me, (Date) personally appeared i &he md Y!% / mi//& (Name[s] of Signer[s]) %ersonally known to me .8c;lt.-R # to be the person(s) whose name@) -islare subscribed to the within instrument and acknowledged to me that t&&e/they executed the same in -b.’.rhPr/their authorized capacity(ies), and that by hidW/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) 3 of No. of Pages 1?/25(03 Signer@) other than named above. 3 H:lDeveloprnenl SewaeslMasterslBonds & AgreementslHold HarlrJess Agt Geological Failure