HomeMy WebLinkAboutCT 01-05; Calavera Hills II LLC; 2004-0009348; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
JAN 06:. 2004 4:03 PM
OFFICIFIL RECORDS SFIN DIEGO COUNTY RECORDER'S OFFICE GREGORY 3. SMITH5 COUNTY RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO. 168-31 0-02-00
PROJECT NO. & NAME: CT 01-05
Calavera Hills Village W
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 408-4A) and
improvement plans (DWG 408-4) for development to occur on property described as Lot 2, CT
00-02 per Map no. 14541 recorded February 12, 2003, more particularly described as (APN
No. 168-310-02-00), and other good and valuable consideration, receipt of which is hereby
acknowledged, I/(We) Calavera Hills I I, 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 I iability for i njuries to a ny persons, o r d amage to o r taking of a ny
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 ServcieslMasterslBonds 8 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
/o*day of o( ,20&
PROPERTY OWNERS
Calavera Hills II, LLC, a California limited liability
company
By: McMillin C
By: L’ bkn here) - --
Brian Milich, Senior Vice President
(print name and title)
Date: /2 -/b - a3
By: ~ - (sig l/ here)
Don Mitchell, Vice President
(print name and title)
Date: 12- - L d B3
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By,v%
eputy City Attorney
(P o er 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.)
M
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H:/Development ServcieslMasterslBonds & AgreemenWHold Harmless Agt Geological Failure Rev. 12/08/98
State of California 1
)
County of San Diego )
On \2-10- 83 beforeme, 7 1 (Date) (Name, Title of Officer)
personally appeared &on h-*&\\ (3rd bY<o L? %h-t&-\
(Name[s] of Signer[s]) /- dpersonally known to me -OR - n
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
dare subscribed to the within instrument and acknowledged to me that te&k/they
executed the same in his/her/their authorized capacity(ies), and that by bs@t?r/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal
@ Signature of Nota
(This area for
official notary seal)
Date of No. of Pages
Document .De<Wk! 200-3 2/
Signer(s) other than named above Rbr~ct\& p. a(\
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