HomeMy WebLinkAboutCT 01-02; Calavera Hills II LLC; 2003-0597620; Hold Harmless Agreement/ReleaseDUG # 2003-0597620
MAY 215 2003 3:51 PM
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
OFFICI& KCWS SAN DIEM3 COUNTY RECORDER'S OFFICE GREGORY J. SHITH, couH[Y REWS(DER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO.
167-1 01-28-00,168-041-03-00, 168-041 -04-00,
168-041-06-00, 168-041 -07-00, 168-041 -1 0-00
CT 01 -02 PROJECT NO. & NAME:
Calavera Hills Village K
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 403-7A) and
improvement plans (DWG 403-7) for development to occur on property described as Lot 5 of
Carlsbad Tract CT 00-02, 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 said county
February 12, 2003 more particularly described as (APN No. 167-1 01 -28-00, 168-041 -03-00,
168-041 -04-00, 168-041 -06-00, 168-041 -07-00, 168-041 -1 0-00), 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 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
1
H:/Development Servcies/Masters/Bonds & AgreementslHold Harmless Agt Geological Failure Rev. 12/08/98
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
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
IN WITNESS WHEREOF, the undersigned has executed this instrument this
~ interest in all or any part of the property described herein.
~ ZI sr dayof ha VW\/ ,200j.
PROPERTY OWNERS
Calavera Hills It LLC, a California Limited Liability
Company
By:
(sign here)
Brian Milich, Senior Vice President
(print name and title)
Date: 2 eZt* 03
BY:<yh (y!!
here)
Don Mitchell, Vice President
(print name and title)
Date: z*z/- 83
APPROVED AS TO FORM:
RONALD R. BALL
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 ServcieslMasterslBonds & AgreementsRlold Harmless Agt S;eological Failure Rev. 12/08/96
1 STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO 1
On Februarv 21, 2003 , before me, Elizabeth M. Breid, Notan/ Public personally appeared
Don Mitchell & Brian Milich, personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature /&i w9
This area for official notarial seal
Calavera Hills Phase 11, Hold Harmless Agreement Geological Failure
Calavera Hills Village K CT 01 -02
Date of Document: February 21, 2003
Notary Form2 McMillin Companies