HomeMy WebLinkAboutCT 01-04; Calavera Hills II LLC; 2004-0068192; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
BOG tl 2004-0068192
JON 28. 12004 4:34 PM
OFFICIAL EECORDS SAN DIEGO COUNTY KGllRDER‘S OFFICE GREGORY J. SWITH, COUNTY RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR’S PARCEL NO. 168-31 0-04
PROJECT NO. & NAME: CT 01 -04
Calavera Hills Village U
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (DWG 407-6A) and
improvement plans (DWG 407-6) for development to occur on property described as attached
Exhibit “A, more particularly described as (APN No. 168-31 0-04), 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@) 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.
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
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H:/Development Servcies/Masters/Bonds & AgreementslHold Harmless Agt Geological Failure Rev. 12/08/98
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
/d day of %m& ,20a.
PROPERTY OWNERS
Calavera Hills II LLC, a California limited liability
company
By: McMillin Companies, LLC, a Delaware limited
By: ' (sign here)
Brian Milich, Sr. Vice President (print name and title)
Date: 12-10-2003
Don Mitchell, Vice President
(print name and title)
Date: -- 3
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
eputy City Attorney
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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c
State of California 1 1
County of San Diego 1
On \2-\t) -03 before me, Tt %fl% 5
(Date) (Name, Title of Officer)
(Name[s] of Signer[s])
\ hfiWkb-Ql\ d !&,, \ personally appeared
&sonally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me thatv/they
executed the same in his/RJ8p/their authorized capacity(ies), and that by hys#pdtheir
signature(s) 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
-r$%pp-L
Signature oMt&
..'
(This area for
official notary seal)
Date \b+ of No. of Pages
Signer(s) other than named above &?-d& ,. &d,L
Document --b~clAv--k ,-hnY3
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EXHIBIT "A"
LEGAL DESCRIPTION
LOT 4 OF CARLSBAD TRACT NO. 00-02, CALAVERA HILLS PHASE II, IN THE CITY 0 F
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.
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