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HomeMy WebLinkAboutCT 01-03; Cal E1 LLC; 2003-1229939; Hold Harmless Agreement/ReleaseDOC # 2003-1229939 .OCT 06s 2003 4:44 PPI F8 3? RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 OFFICIAL RECORN SAN DIEGO COUNTY RECORDEK'S OFFICE FEES: 14.00 GREmY J. SHITH, CDUHTY RECORDER SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 168-041 -08 PROJECT NO. & NAME: CT 01 -03 Calavera Hills Village E-1 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 405-6A) and improvement plans (DWG 405-6 and DWG 405-6BJ for development to occur on property described as all of Parcel Map 16233 filed in the Office of the County Recorder on September 21, 1990, in the City of Carlsbad, County of San Diego, State of California, more particularly described as (APN No. 168-041-08), and other good and valuable consideration, receipt of which is hereby acknowledged, I/(We) Cal El LLC, a Delaware 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. 1 H:/Development ServciedMasterdBonds & AgreementdHold Harmless Agt Geological Failure Rev. 12/08/98 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 -2 dayof ,2Os. Ad PROPERTY OWNERS Cal El LLC, a Delawqre limited lij@ility E. Dale Gleed, Vice President (print name and title) By: + 5 (sign here) ) Elizabeth Zepeda, Secretary (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: d&- $ /beputy / City Attorney (Pgr 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.) 2 H:IDevelopmenl ServdeslMasterslBonds & Agreementsklold HafNdess Agt Geological Failure Rev. 12/08/98 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT )- ss. State of California County of San Diego On September 2, 2003 before me, Judy Teubner Notary Public, personally appeared E. Dale Gleed & Elizabeth Zepeda Date Place Notary Seal Above personally known to me to be the person’s whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity’s, and that by their signature’s on the instrument the person’s, or the entity upon behalf of which the person’s acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 0 PTlONA L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document- Title or Type of Document: Document Date: Number of Pages: Signer@) Other Than Named Above: Capacity Claimed by Signer Signer’s Name: 0 Individual Corporate Officer - Title: Vice President 0 Partner - 0 Limited 0 General Attorney in Fact Trustee 0 Guardian or Conservator 0 Other: Right Thumbprint of Signer Top of thumb here Signer is Representing: