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.
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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.)
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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: